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TC Council Packet 04-27-2010TR TOWN OF AVON, COLORADO AVON AVON REGULAR MEETING FOR TUESDAY, APRIL 27, 2010 C O L O R .4 D 0 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. SWEAR IN AVON'S NEW POLICE CHIEF Municipal Judge Buck Allen to swear in New Police Chief Bob Ticer 5. COMMUNITY & CITIZEN INPUT 6. CONSENT AGENDA a. Minutes from April 13, 2010 b. Ticino LLC d /b /a Ticino Lease Agreement (Patty McKenny, Assistant Town Manager) Renew license agreement that allows Ticino to lease patio space from the Town c. 2010 Street Improvements: Construction Contract Award to Elam Construction, Inc. (Shane Pegram, Engineer II) Award of construction contract to Elam Construction for reconstruction and asphalt overlay of the Municipal Building parking lot area and rehabilitation of the East Benchmark Road crosswalks d. Radar Engineering, Inc. Proposal (Shane Pegram, Engineer II) Proposal to conduct Investigation, Evaluation and Recommendations for the Town Hall HVAC Control System 7. PLANNING & ZONING COMMISSION MEMBER INTERVIEWS Meet the following applicants who are interested in serving on Planning & Zoning Commission and appoint four members to serve on the Planning & Zoning Commission 1) Todd Goulding, 2) Sherrif Masry, 3) Guy Patterson, 4) Scott Prince, 5) Phil Struve 8. RESOLUTIONS a. Public Hearing on Resolution No. 10 -14, Series of 2010, Resolution Adopting Transportation Vision Statements as an Amendment to the Avon Comprehensive Plan (Sally Vecchio, Assistant Town Manager Community Development) Review vision statements approved by P &Z Commission in hopes of providing additional guidance on future transportation outcomes for the Town 9. ORDINANCES a. Public Hearing on Ordinance No 10 -06, Series of 2010, Second Reading, Ordinance Enacting Weed Control Regulations (Jenny Strehler, Director Public Works Transit) Proposed amendments that C provide for current and clearer language associated with weed control which would improve the town's ability to regulate the problem of noxious weeds Avon Council Meeting. 10.04.27 Page 3 of 4 TOWN OF AVON, COLORADO } C O AVON REGULAR MEETING FOR TUESDAY, APRIL 27, 2010 _00 eui. oidoa MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 9. ORDINANCES -CONTINUED b. Public Hearing on Ordinance No 10 -07, Series of 2010, Second Reading, 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 10. PUBLIC HEARING FOR AMPLIFIED SOUND PERMIT a. Applicant Name: Vail Pet Partners Event Name: Doggie Dash Event Date: June 13, 2010; 8:30 AM until 12 Noon Event Manager: Kate Kunert Event Location: Harry A. Nottingham Park 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: May 11th: Joint Work Session w/ P &Z to discuss Avon Development Code, Show Cause Hearings for Saltwater Cowboys Violations May 25th: Review draft Regulations for Use of Medical Marijuana in Avon Avon Council Meeting.10.04.27 Page 4 of 4 Memo To: Avon Town Council Thru: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager, Management Services Date: April 23, 2010 Re: Renewal of Ticino License Agreement Summary: The License Agreement for Ticino Restaurant expires May 15, 2010 and the Town Council is asked to renew the license for another year. Background: Ticino LLC d /b /a Ticino entered into a License Agreement in 2008 which would allow them the use of town - owned property for their outdoor dining and liquor service area, as shown in the attached diagram for the license. The agreement was written with a renewal clause outlined in #4. Discussion: The agreement does require a certificate of insurance showing Commercial General Liability Coverage with limits of $2 million. Town staff will follow up with Ticino owners Rhonda & Daniel Niederhauser to obtain the appropriate paperwork within 10 days after the date the agreement is entered into. The liquor license was renewed at the last Liquor Authority meeting on April 13, 2010. Financial Implications: The Licensee has provided the appropriate restoration bond in the amount of $500. Town Manager Comments: LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into the 27th day of April, 2010, between TOWN OF AVON ( "the Town "), whose address is P.O. Box 975, Avon, Colorado 81620 and TICINO, LLC ( "Licensee ") whose address is P.O. Box 18308, Avon, Colorado 81620 RECITALS The Town is the owner of the area depicted on the site plan attached as Exhibit A which is marked "Concrete Slab.," which is 44' by 10' in size and which is delineated by a split rail fence and planters, adjacent to Unit 127, Avon Center at Beaver Creek ( "the Town Property "). Licensee desires to enter into this License Agreement so that it may use the Town Property for outdoor dining and liquor service in connection with the liquor licensed premises also depicted on Exhibit A. The Town has no immediate plans for the use of the Town Property and is willing to allow use of it until such time as the Town has plans for its use. The Mall Agreement dated April 16, 1981, provides that a property owner may use a portion of the Avon Mall for commercial purposes upon payment of a reasonable fee to the Town. AGREEMENT 1. The Town hereby grants to Licensee a license for the Town Property for outdoor dining and liquor service in connection with the liquor licensed premises also depicted on Exhibit A for the term stated below ( "the Term "); provided that Licensee hereby indemnifies and holds the Town, its officers and employees harmless against and from any claims or liabilities related to Licensee's activities on the Town Property. The grant of this license is made subject to the right of the Town to control the hours of use of the Town Property and to impose limitations on its use in connection with construction of the Main Street Project and the ongoing maintenance of Main Street and Tract G. The Town agrees that the design of the Main Street Project, insofar as possible and in the sole and absolute discretion of the Town, shall allow the continuation of this License Agreement after completion of that Project. The Town waives the requirement of payment of a fee in light of the plans of the Town for the Main Street Project. 2. During the term hereof, Licensee shall maintain in effect Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations) and personal injury (including coverage for contractual and employee acts including liquor liability or dram shop coverage). The policy shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. Certificates of insurance issued by the insurer shall be filed with the Town within 10 days after the date this Agreement is entered into by Licensee, and this Agreement shall not be effective until such certificate is received and approved by the Town. 3. Licensee shall keep and maintain the Town Property in a good, clean and healthful condition, making repairs as necessary at its sole cost and expense. Licensee shall be responsible for snow removal at its sole cost and expense. Licensee may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Town Property as it may deem desirable. Any such replacements, improvements and additions shall comply with applicable law and ordinance, including the Americans with Disabilities Act. 4. The term of this Agreement shall commence as of the date first written above and shall continue so long as Licensee holds a liquor license from the Town or until May 15, 2011, whichever is earlier ( "the Term "). Notwithstanding the foregoing, the Town may terminate this Agreement on 120 days written notice to Licensee. Upon termination and if required by the Town, Licensee shall restore the Town Property to its original condition. Licensee shall maintain on deposit with the Town a restoration bond in the amount of $500. 5. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth above, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 6. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non - defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 10 days thereafter to cure the default, then the non - defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. 7. The waiver by any party to this Agreement of a breach of any term or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by any party. 8. Neither party to this Agreement shall transfer or assign any interest in the Town Property without first obtaining the written consent of the other party. [signature page follows] TICINO, LLC STATE OF COLORADO ss. COUNTY OF EAGLE Subscribed and sworn to before me this day of , 2008, by as of Ticino, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: TOWN OF AVON By: Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Notary Public APPROVED AS TO FORM: Eric Heil, Town Attorney Date The foregoing document was subscribed and sworn to before me this day of , 20105 by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires: Notary Public i Ni f <r IS 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.� From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II sP Date: April 19, 2010 Re: 2010 Street Improvements Project Construction Contract Award to Elam Construction, Inc. Summary: The 2010 Street Improvements project is comprised of two distinct phases and scopes of work: Section 1 - Town Hall West Parking and Police Parking - Milling and preparation of asphalt surface for 2 -inch asphalt overlay matching existing concrete curb and gutter surfaces, replacement of concrete sidewalk, and installation of ADA curb ramps. Selected areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back with asphalt prior to 2 -inch asphalt overlay. Parking areas will be striped to match existing conditions. Section 2 - East Benchmark Crosswalk — Removal and replacement of two concrete crosswalks and their interlocking pavers, and removal and replacement of four existing concrete curb ramps and associated concrete curb and gutter. Selected adjacent areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back w /asphalt. Limited road closures and traffic disruptions will also occur during this phase of construction. A bid opening was held on April 14, 2010 for the 2010 Street Improvement Project. Sealed bids were received from Elam Construction, Inc., and B &B Excavating. Staff recommends that the contract be awarded to the low bidder, Elam Construction, Inc. for an amount not to exceed $126,606 without prior written approval. Discussion: In response to the Town of Avon's Advertisement for Bids for the 2010 Street Improvement Project, two sealed bids were submitted on April 14, 2010. Elam Construction submitted a total bid of $126,606, and B &B Excavating submitted a bid of $135,214. Both bids were responsive, responsible, and contained the required 5% Bid Bond. Table 1 below tabulates the received bids. The contract used for this project is the standard Town of Avon construction contract. Table 1: Bid Tabulation Engineer's Estimate Elam Construction B &B Excavating Section 1 $ 143,760 $ 83,363 $ 88,515 Section 2 $ 48,380 $ 43,242 $ 46,699 Total $192,140 $126,606 $135,214 Financial Implications: The contract with Elam Construction, Inc. will be funded via the Capital Improvement Program's 2010 Street Improvement budget, for which $200,000 is appropriated. The project budget is shown in Table 2 below: Table 2: Project Budget Line Item Budget Section 1: Town Hall Parking $ 83,363 Section 2: E. Benchmark Crosswalks $ 43,243 Contract Administration $ 20,000 Contingencies $ 53,394 Total $ 200,000 Recommendation: Award construction contract for the Town of Avon's 2010 Street Improvement project to Elam Construction, Inc. for the amount not to exceed $126,606 without prior written approval. Proposed Motion: I move to approve the construction contract for the Town of Avon's 2010 Street Improvement project to Elam Construction, Inc. for the amount not to exceed $126,606 without prior written approval. Town Manager Comments: C -14,�O� • Page 2 Memo To: Honorable Mayor and Town Council Initials Thru: Lary Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Engineer II Date: April 22, 12010 Re: Town Hall HVAC Control System Upgrade — Rader Engineering, Inc. Consulting Services Proposal to Conduct Investigation, Evaluation, and Provide Recommendations for the Town Hall HVAC Control System Summary: Rader Engineering, Inc. has provided a proposal (Exhibit A) to conduct an investigation, evaluation, and provide recommendations for the upgrade of the Town Hall heating, ventilation, and air condition (HVAC) control system. It will take approximately 2 months to complete this phase of the project. Upon completion of this phase of the project, improvements will be made to the HVAC control system that will improve the efficiency of the system and the comfort of the building occupants. Discussion: The existing Town Hall control system software, which operates the HVAC system, is not operable and is not supported by an existing software company. Also, Town Hall has been remodeled at least four times and a thorough recalibration of the system was never conducted. As a result, the system is operating inefficiently and several areas in the building are not comfortable. The upgrade of the HVAC system will ensure the system is operating as efficiently and comfortably as possible. Rader Engineering will conduct a complete investigation and evaluation of the HVAC control system and then prepare a report that will include recommendations for a new HVAC control system. The new HVAC control system will be compatible with a potential future tie into the Heat Recovery system currently under construction. Upon completion of this report, a new control system will be installed along with recommended improvements to the existing HVAC system. The schedule is for implementation of the report recommendations prior to the 2010 — 2011 winter. Financial Implications: The 2010 Capital Improvements budget includes $100,000 for upgrading the Town Hall HVAC system. The HVAC Control Investigation contract is for a not to exceed fee of $16,000 and is well within budget. As part of the contract approval the Town Manager will be authorized to sign amendments to the contract within the approved $16,000 design budget (Table 1). Table 1: HVAC Control System Upgrade Budget Budget Item Proposed Budget Design Fees $ 16,000 HVAC Control System Upgrades $ 84,000 Total $100,000 Recommendation: Approve the Consulting Service Proposal from Rader Engineering, Inc. in the amount not to exceed of $16,000 for Town Hall HVAC control investigation and upgrade recommendations. Proposed Motion: I move to approve the Consulting Service Proposal from Rader Engineering, Inc. in the amount not to exceed of $16,000 for Town Hall HVAC control investigation and upgrade recommendations. Town Manager Comments: Attachment: Attachment A — Professional Service Contract with Rader Engineering Town Hall HVAC Control System Upgrade • Page 2 TOWN OF AVON PROFESSIONAL SERVICES AGREEMENT Independent Contractor Fixed Price — Not to Exceed Town Council Approval Project/Services Name: ATTACHMENT A THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into by and between Rader Engineering, Inc, a Company of the State of Colorado, whose business address is40690 Highway 6, Suite E1, Avon, CO (the "Contractor ") and the TOWN OF AVON, COLORADO ( "Town "), a Home Rule municipality of the State of Colorado. The Town and the Contractor may be collectively referred to as the "Parties." RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1.0 SERVICES AND CONTRACTOR PERFORMANCE 1.1 Services. As directed by and under the supervision of the Town Engineer for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A (the "Services "). 1.2 Changes to Services. The Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Town Council, the Town Manager, or by a person expressly authorized in writing to sign on behalf of the Town. 1.3 Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer /employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the FORM: PSA 2009 5 Contractor or the Contractor's employees, sub - consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers' compensation; disability, injury, or health; professional liability insurance, errors and omissions insurance; or retirement account contributions. 1.4 Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and /or registered within the State of Colorado for the performance of the Services (if licensure and /or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. In addition, more specific standards of Contractor performance are: ❑ included within Exhibit A; or ❑ attached to this Agreement as Exhibit ; or X not included and not attached. 2.0 COMPENSATION 2.1 Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit A subject to the requirements and limitations on compensation as provided by this Section 2.0 and its subsections. FORM: PSA 2009 A. Time and Materials Contract — Not to Exceed Amount. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and /or compensation methodology described in Exhibit B. Total compensation (including all reimbursable expenses) shall not exceed Sixteen Thousand Dollars ($16,000.00). B. Reimbursable Expenses. The following shall be considered "reimbursable expenses" for purposes of this Agreement and may be billed to the Town without administrative mark -up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor's monthly invoices: • Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal Revenue Service as a deductible business expense) • Printing and Photocopying Related to the Services • Long Distance Telephone Charges Related to the Services • Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents) 2 I Postage and Delivery Services Lodging and Meals (off with prior written approval of the Town as to dates and maximum amount) C. Non - reimbursable Costs, Charges. Fees, or Other Expenses. Any fee, cost, charge, fee, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non - reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or reimbursable expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.3 Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during the stated period of the invoice. Following receipt of a Contractor's invoice, the Town shall promptly review the Contractor's invoice. 2.4 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, reimbursable expense, and /or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty -five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage pre -paid, addressed to the Contractor. 3.0 CONTRACTOR'S GENERAL RESPONSIBILITIES 3.1 The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor's professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. FORM: PSA 2009 3 3 3.2 The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor's performance that are not addressed by the Agreement. 3.3 The Contractor shall provide all of the Services in a timely and professional manner. 3.4 The Contractor shall promptly comply with any written Town request for the Town or any of its duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor's performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5 The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. 3.6 The Contractor shall be responsible at the Contractor's expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. 4.0 TERM AND TERMINATION 4.1 Term. This Agreement shall be effective on the 28 day of April at 12:01 a.m., (the "Effective Date ") and shall terminate at 11:59 p.m. on December 31, 2010, or on a prior date of completion of the Services or termination as may be permitted by this Agreement; provided, however, that the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Manager, Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 4.2 Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council, Town Manager, or a person expressly authorized in writing to direct the Contractor's services. 4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town's exercise of the right of unilateral termination as provided by this paragraph: FORM: PSA 2009 A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and FA 0 C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor's receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4 Termination for Non - Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non - performing party which notice shall specify the non - performance, provide both a demand to cure the non - performance and reasonable time to cure the non - performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non - performance. For purpose of this Section 4.4, "reasonable time" shall be not less than five (5) business days. In the event of a failure to timely cure a non - performance and upon the date of the resulting termination for non- performance, the Contractor prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non - performance is provided in accordance with this Section 4.3, nothing in this Section 4.3 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non - performance by a Party. 4.5 Unilateral Suspension of Services. The Town may suspend the Contractor's performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); or (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement. 4.6 Reinstatement of Services Following Town's Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty -one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Section 4.3; or (2) recommence performance in FORM: PSA 2009 5 el accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re -start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. 4.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 and its subsections shall be addressed to the person signing this Agreement on behalf of either Town or Contractor at the address shown below or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty -eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 5.0 INSURANCE 5.1 Insurance Generally. The Contractor shall obtain and shall continuously maintain during the term of this Agreement insurance of the kind and in the minimum amounts specified as follows: FORM: PSA 2009 ❑ The Contactor shall secure and maintain the following ( "Required Insurance "): ❑ Worker's Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. ❑ Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an "occurrence" basis as opposed to a "claims made" basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. ❑ Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand 0 Dollars ($50,000.00) each accident with respect to each of the Contractor's owned, hired and non -owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non - ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. ❑ Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best's Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. 5.2 Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 and its subsections, insurance shall conform to all of the following: A. For both Contractor Insurance and Required Insurance, all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town - obtained insurance policy or coverage. B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3 Failure to Obtain or Maintain Insurance. The Contractor's failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 and its subsections shall not limit, prevent, preclude, excuse, or modify any FORM: PSA 2009 7 0 liability, claims, demands, or other obligations of the Contractor arising from performance or non - performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town's sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 5.0 and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the Project Name as identified on the first page of this Agreement. The Town may request and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6.0 OWNERSHIP OF DOCUMENTS Any work product, materials, and documents produced by the Contractor pursuant to this Agreement shall become property of the Town of Avon upon delivery and shall not be made subject to any copyright unless authorized by the Town. Other materials, methodology and proprietary work used or provided by the Contractor to the Town not specifically created and delivered pursuant to the Services outlined in this Agreement may be protected by a copyright held by the Contractor and the Contractor reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or otherwise make copies of any copyrighted material, subject to the following exceptions: (1) for exclusive use internally by Town staff and /or employees; or (2) pursuant to a request under the Colorado Open Records Act, § 24 -72 -203, C.R.S., to the extent that such statute applies; or (3) pursuant to law, regulation, or court order. The Contractor waives any right to prevent its name from being used in connection with the Services. 7.0 CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. § 24 -18 -109, as amended, or any Town — adopted Code of Conduct or ethical principles. FORM: PSA 2009 8 8.0 REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or inactions by the Contractor. The remedial actions include: A. Suspend the Contractor's performance pending necessary corrective action as specified by the Town without the Contractor's entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and /or B. Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and /or C. Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, can not be performed, or if performed would be of no value to the Town; and /or D. Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or all of the remedies individually or simultaneously. 9.0 MISCELLANEOUS PROVISIONS 9.1 No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town's approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2 No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9.3 Affirmative Action: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the FORM: PSA 2009 \\1 following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4 Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.4 shall not authorize assignment. 9.5 No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub- contractor of Contractor. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9.6 Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR'). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.7 Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.8 Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.9 Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council for Town of FORM: PSA 2009 10 Rol Avon. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council for the Town of Avon. No assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 9.10 Paragraph Captions: The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.11 Integration and Amendment: This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the Town and the Contractor. 9.12 Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.13 Incorporation of Exhibits: Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.14 Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the contractor will participate in the e- verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e- verify program or the department program procedures to undertake pre - employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor's actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any reasonable FORM: PSA 2009 11 request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and /or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. 9.15 Compliance with Article XXVIII of the Colorado Constitution: If and only to the extent this Agreement constitutes a "sole source government contract" within the meaning of Article XXVIII of the Colorado Constitution ( "Article XXVIII"), then the provisions of Sections 15 through 17 of Article XXVIII ( "Amendment 54 ") are hereby incorporated into this Agreement and the parties hereto shall comply with the provisions of Amendment 54. In such a case, for purposes of this Agreement, the Contractor shall constitute a "contract holder" for purposes of Amendment 54, as shall any additional persons, officers, directors or trustees related to the Contractor who qualify as "contract holders" pursuant to the definition set forth in Article XXVIII. In addition, if and only to the extent this Agreement constitutes a "sole source government contract," the Contractor hereby certifies that it is not ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder, and the Contractor hereby agrees to notify the Town immediately if, at any point during the term of this Agreement, the Contractor shall become ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder. If any provision or provisions of Amendment 54 are held to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, have been repealed retroactively or otherwise do not apply to this Agreement, such provision or provisions shall no longer be incorporated into this Agreement and the Parties shall have no obligations under such provision or provisions. 9.16 Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town's declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. 9.17 Notices: Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. FORM: PSA 2009 If to the Town: If to the Contractor: Town Manager Attention: Drew Rader Town of Avon Rader Engineering, Inc. P.O. Box 975 40690 highway 6, Suite E1 Avon, Colorado 81620 Avon, CO 81620 With Copy to: 12 N Eric J. Heil, Town Attorney Widner Michow & Cox 11333 E. Arapahoe Road Suite 100 Centennial, Colorado 80112 10.0 SPECIAL PROVISIONS X None. ❑ Attached to this Agreement as Exhibit ; or ❑ As follows: FORM: PSA 2009 13 \13 11.0 AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- SIGNATURE PAGE FOLLOWS FORM: PSA 2009 14 E THIS AGREEMENT is executed and made effective as provided above. ATTEST: TOWN OF AVON, COLORADO By: Mayor or Mayor Pro Tem APPROVED AS TO FORM: (Does Not Include Exhibits) Town Clerk Town Attorney CONTRACTOR: Rader Engineering, Inc. By: 4 � Name: J. Drew Rader Position: Owner FORM: PSA 2009 15 EXHIBIT A Project/Services Name: Town Hall HVAC Control Systems Upgrade Exhibit A - Page 1 \� Town of Avon — Town Hall HVAC Control System Upgrade EXHIBIT A 4/15/10 Mr. Shane Pegram P.E. Town of Avon PO Box 975 Avon, CO 81620 Dear Shane, Thank you for the opportunity to provide a proposal for the Town Hall HVAC control investigation and upgrade recommendations. Based on our previous conversations and prior engineering work on the Town Hall building I am proposing to provide the following services. PHASE Evaluation Phase Rader Engineering will be utilizing the specialized services of Energy Services of Colorado (ESCO). ESCO is a temperature control contractor who will lend their expertise to allow us to more thoroughly evaluate specific components of the existing DDC system. We feel this approach will provide a more thorough and comprehensive analysis to the Owner. During our walk through visits of the existing systems, we will be documenting in detail the existing HVAC equipment and controls. We will also be performing basic functional testing to determine, on a basic level, which equipment is functional and which equipment needs to be replaced. Recommendations & Specifications Phase We anticipate providing detailed written recommendations and specifications for competitive bidding by multiple controls contractors. Our specifications will include DDC points lists, equipment lists and sequence of operations. We will also include specifications for replacement HVAC equipment as necessary. PHASE II Bidding & Negotiation Phase We will review bids for accuracy and completeness. The Owner will select the controls contractor to perform the work. We can review the project with the selected controls contractor, discussing any questions or suggestions that they may have. Installation Phase We will perform periodic site visits to observe the installation of the new control system. Written reports will be provided to the Owner. Commissioning Phase After the new controls have been installed/upgraded, we anticipate the controls contractor will be commissioning the system in detail. During this commissioning phase, the controls contractor will identify any additional existing equipment that is non - functional that needs to be replaced. As stated previously, during the evaluation phase, we will be attempting to determine upfront which equipment is MECHANICAL, ELECTRICAL &PLUMBING ENGINEERING HADEBZ OFFICE 40690 Highway 6, Suite E1 ■Avon, CO 81620 P H O N E 970.845.7910 FAX 970.845.7522 www.raderengineering.com ENGINEERING • COMFORT SYSTEMSM O� Town of Avon — Town Hall HVAC Control System Upgrade functional and non - functional, however after the new controls have been installed, it may become apparent that some equipment does not work properly. We will assist in specification of the replacement equipment as required. We propose to provide Phase I which includes the Evaluation Phase and Recommendations & Specifications Phase for a not to exceed fee of Sixteen Thousand Dollars ($16,000.00) based on our current hourly rates. Phase II which includes Bidding & Negotiation, Installation and Commissioning can be provided at a later date as an additional services. Please let me know if you have any questions. Sincerely, 4 � J. Drew Rader P.E. MECHANICAL, ELECTRICAL &PLUMBING ENGINEERING HADE15510Z OFFICE 40690 Highway 6, Suite E1 III Avon, CO 81620 PHONE 970.845.7910 FAX 970.845.7522 ��� www.raderengineering.com ENGINEERING • COMFORT SYSTEMS04 71 RATE SCHEDULE ■ 2010 ITEM RATE PER UNIT Professional Engineer — Project Design 125.00 Hour Project Engineer 100.00 Hour Design Engineer 90.00 Hour Junior Engineer 80.00 Hour Drafting Services 65.00 Hour Administrative /Clerical 45.00 Hour Mileage 0.65 Mile Equipment 1.00 As Invoiced Parts 1.00 As Invoiced Expenses 1.00 As Incurred Out Consultants 1.10 As Incurred Documents: Drawings (Mylar Originals) 4.00 Sq. Ft. Drawings (Bond Originals) 1.50 Sq. Ft. Drawings (Paper Originals) 7.00 Each Drawings (Blueprints) 0.50 Sq. Ft. Photocopies - 8.5" x 11" 0.10 Each MECHANICAL, ELECTRICAL Sc PLU, CO 8 ENGINEERING HADEIRZ oe -FlcE 40690 Highway 6, Suite E1 ■Avon CO 81620 P H a N E 970.845.7910 FAX 970.845.7522 www.raderengineering.com ENGINEERING • COMFORT SYSTEMSM Y° Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Sally Vecchio, Asst Town Manager, Com Dev Date: April 21, 2010 Re: Planning and Zoning Commission Appointments Summary: Four positions on the Avon Planning and Zoning Commission ( "PZC ") will expire on May 1, 2010. Appointment of members to the PZC is included on the agenda for the April 27, 2010 regular Town Council meeting. Town has received five (5) applications for the four (4) positions to be filled with appointments. Attached for your reference is a copy of the Municipal Code requirements for membership to the Planning and Zoning Commission (AMC 2.16), which places a priority on selecting a balanced group of industry professionals and lay community members. Below is a summary of the five applicants and their backgrounds. The letters of interest and other materials provided by the candidates are included with this memorandum. Applicants: Sheriff Masry General Manager, Starwood Hotels/ Property Owner/ Non - Resident Guy Patterson Principle, Timberline Consulting & Owner of Avon Laundromat, Inc / Resident Phil Struve Retired (Technology Management) / Resident W. Todd Goulding Self- employed, (Real Estate Development) / Resident Scott Prince Vice President/Mortgage Loans, Millennium Bank / Resident Continuing Members (511111 Term Expiration): Chris Green Architect, Ago Studios / Resident Leslie Roubos Managing Partner, Maverick Lending Network / Resident Paul Anderson Engineer, Marcin Engineering / Non - Resident Background: The purpose of the Planning and Zoning Commission is to act in an advisory capacity to the Town Council. The Commission's role is to review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and criteria as they relate to the zoning ordinance. The Planning and Zoning Commission also acts as the Design Review Board of the Town and performs all duties and exercises all powers assigned to the Design Review Board of the Town. Given the dual role in dealing with both zoning and design review authority for the Town, the Avon Municipal Code recognizes that a balance in membership is necessary between the lay community and industry professionals. Recommendation: The Avon Municipal Code recommends that a minimum of two (2) to three (3) industry professionals hold positions at all times, and that two (2) of these professionals be architects, landscape architects or designers. The applicants do not meet the definition of industry professional, therefore, the Avon Municipal Code states that Council should then consider the following criteria in descending order: 1. Registered electors of the Town shall be preferred over persons who are not registered electors. 2. Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. Town Manager Comments: Exhibits: A: Applicant Materials B: Chapter 2.16 of Avon Municipal Code (Planning & Zoning Commission) • Page 2 X)M(Dt*t P% April 13, 2010 Town of Avon Attn: Planning and Zoning Commission To Whom It May Concern: I am responding to the available P &Z open position. My previous experiences and education have allowed me to develop strong leadership skills along with excellent interpersonal communication, and organizational skills. As noted on my resume, I have vast experience with associations and have been an active board member in impacting the community. I look forward to speaking with you regarding the opportunity that is available, and how we can contribute towards Avon's growth. I appreciate the time you have taken to review the attached resume. I would enjoy the opportunity to discuss how I may be of assistance in the success Avon.. Please feel free to contact me at (407) 965 -8837 or (970) 748 -6001. Sincerely, Sheriff Masry SHERIFF MASK Y P.O. Box 8704 Avon, CO 81620 (407) 965 -8837 Sheriff.Masry @Starwoodvo.com OBJECTIVE: To secure a challenging and rewarding career in the hospitality industry. Based on my previous experience and education, the desired position is General Manager. EXPERIENCE: STAR WOOD HOTELS AND RESORTS August 2006 - Present General Manager /Corporate Director of Food and Beverage Direct and manage the daily operations of the Sheraton Mountain Vista, Lakeside Terrace Resort, and the Westin Riverfront Mountain Villas in Vail Valley. Responsibilities also included conceptual development, recruiting, training, menu development/product rollouts, opening new facilities, transitioning of mixed use operations, market analysis, national marketing promotions, and coordinating distribution for all properties. In addition to being the Liaison between Starwood and various corporations, other responsibilities consisted of overseeing financial performances for ten corporate managed properties while reporting to the Area VP of Operations. Additional responsibilities include... • Coordinating pre- opening functions (OS &E, Budgets, Training, etc.) • Concept development partnership with Construction and Development division • Opened 5 Westin resorts as Task force opening GM • Partnership with NAD and NBT teams to set standards and develop concepts • Manage 6 HOA (Home Owner Association) operating budgets and reserve replacements • Developed and challenging EC members to exceed budgeted EBITDA while missing revenues by $250,000 • Exceeded GSI (Guest Survey Index) by 2 points year over year regarding (overall satisfaction) • Enhanced Starvoice (employee survey) survey while minimizing turnover • Aggressively monitor and manage Sales and Marketing initiatives HARRAH'S CASINO & HOTEL — ST. LOUIS March 2005 —August 2006 Director of Food and Beverage & Hotel Operations Direct and manage the daily operations of non - gaming profit centers. This entails twelve food and beverage venues, a 502 room hotel, in addition to monitoring the sales and catering department. Food and Beverage/ Hotel financial plan is to attain an excess of $112 million in revenue that contribute towards the properties $325 million fiscal budget. This goal is executed through managing and developing a guest oriented team that consists of 52 managers and 700 plus employees. Responsibilities also include... • Financials; budgeting, forecasting, theoretical and analysis • Managing Director of capital projects • Developing and aiding in the design of new concepts • Overseeing strategic marketing plans and entertainment schedules • Works closely with Human Resources to recruit, train, and retain top talent while minimizing turnover • Menu development and design • Manage an excess of $35 million in purchasing along with overseeing warehouse operations /inventory control • Direct aggressive initiatives towards customer service analysis (customer loyalty program) • Revenue maximization on daily basis HILTON HOTEL CORPORATION December 1997 — March 2005 General Manager /Corporate Director of Food and Beverage Directed and managed multi -unit operations for the Food and Beverage division of Hilton Hotel Corporation. Responsibilities included franchise development, recruiting, training, menu development/product rollouts, opening new facilities, transitioning for hotel acquisitions, market analysis, national marketing promotions, and coordinating distribution for 25 properties. In addition to being the Liaison between Hilton Hotel Corporation and various corporations, other responsibilities consisted of overseeing financial performances for fifteen corporate managed properties while reporting to the Senior VP of Operations. Additional responsibilities /assignments include... • Task force, interim hotel General Manager while opening 15 properties • Three year GM assignment @ Doubletree Hotel - San Antonio • Concept development (Hilton Restaurant Group) • Implementing national training programs • Merchandising initiatives • Personnel development programs • Continuous auditing of corporate standards • Implemented programs to ensure attainment of aggressive profit enhancement objectives • Executed various financial reports along with budgeting and forecasting • Market Feasibility analysis and pre- opening proforma LANDRY'S SEAFOOD INC. — Houston, TX July 1995 — December 1997 Regional General Manager Provided operational support for six facilities within the Mid -South with revenues in excess of $35 million. Established goals and schedules for monthly and quarterly forecasts. Maintained company policy and procedures to enforce operational standards and quality. Developed and managed all aspects of financial reporting. Supervised regional recruiting, training, and managerial development. Implemented regional marketing and business plan to increase revenues, and maximize margins. WATERMARC RESTAURANT GROUP — Houston, TX August 1994 — July 1995 General Manager Managed single property and aided in opening two regional restaurants. Some of the responsibilities included financial reporting, financial analysis, regional marketing, menu development, and troubleshooting multiple restaurants to maximize revenue along with monthly margins. SMITH BARNEY INVESTMENT FIRM — Houston, TX May 1993 — August 1994 Financial Analyst Conducted financial reviews and reports daily. Compared and monitored fluctuating market to analyze financial performance of various corporate accounts. ARAMCO SERVICE COMPANY —Houston, TX November 1989 — May 1993 Staff Analyst Monitored and controlled all departmental expenses for the Computer Security division. In addition to overseeing accounts payables, departmental payroll, and supervised departmental budget. EDUCATION: B.A. Accounting & Economics — University of Houston AWARDS AND AFFILIATIONS: 2006 Vice President - Skal Association — St. Louis Chapter 2006 State Board - Chairman of Public Relations /Communication — Missouri Restaurant Association 2004 Vice President — Lacledes Landing Merchant Association 2004 President — Missouri Restaurant Association — St. Louis Chapter Best Seafood — St. Louis Maw 2001 & 2002 Top Restaurant Establishments — Bon Appetite Magazine 2002 Top Ten Restaurants — July 2002 — St. Louis FishMarket — Food and Wine Magazine Wine Spectator Award - 2002/2003/2004 Wine Spectator Award — St. Louis FishMarket President of Avon Metro District - Present BOD of Confluence Metro District - Present March 30, 2010 Town of Avon Council PO Box 975 Avon, CO 81620 Re: Application to Planning and Zoning Commission Dear Town of Avon Council Members; Attached is my resume in application to the position of Commissioner for the Avon Town Planning and Zoning Commission. I believe you will find my professional and educational background well suited for this important position. I hold a Masters in Public Administration from the University of Colorado at Denver with an emphasis in local government. My professional background includes being a town administrator for two Colorado municipalities as well as a contract land development consultant- specifically to the Town of Minturn for the past several years as they have worked through the Battle Mountain development proposal. I'm well versed in planning and zoning issues for both small applications and large, complicated, multi- faceted projects. It is very possible that I will encounter both types of projects in the capacity of a Planning and Zoning Commissioner. I am a registered voter who has lived in Avon off and on since 2003. Most recently I opened and now operate the Avon Laundromat in Chapel Square. I thank you in advance for your consideration of my application and look forward to hearing from you in the near future. Sincerely, Guy Patterson, MPA PO Box 1464 Avon, CO 81620 patterson_guy@hotmaii.com Guy P. Patterson, M.P.A. PO Box 1464, Avon, CO 81620 970 - 343 -0979 patterson guycWhotmail.com Seeking a professional position where my experience, education and exposure to a broad base of different concepts and ideas could enhance whatever I'm involved in. EDUCATION AND PROFESSIONAL CERTIFICATION University of Northern Colorado 1996 Colorado City and County Management Bachelor ofArts- History Association 2005 University of Colorado at Denver 1999 Masters in Public Affairs Emphasis in State and Local Government International City and County Management Association Associate Membership 2005 PROFESSIONAL EXPERIENCE Owner Avon Laundromat, Inc. Developed and own and operate a coin- operated laundromat in Avon, CO. 2009 - Present Principal Timberline Consulting, LLC Provide general public and private land development consulting, public relations, outreach and advocacy; and public and private specific projects management. Avon, CO 2007 - present Project Manager - Land Development Carter & Burgess, Engineering Provided Project Management services to the Town of Minturn for the Battle Mountain annexation and land use proposal. Min turn, CO 2006 -2007 Town Administrator Timnath, CO Chief Administrative Officer of Colorado Front Range town estimated to grow from 300 residents to over 10,000 residents within a decade. 2005 Town Administrator /Clerk/Finance Red Cliff, CO Chief Administrative Officer of mountain mining town that was dealing with resort community impacts on a marginal budget Worked extensively with infrastructure issues such as water, sewer and roadways. 2003 -2005 Representative for Red Cliff, CO Eagle County Regional Transportation Authority Board of Directors Appointed by the Town of Red Cliff Board of Trustees. 2003 -2004 Political Director Ramona Martinez for Congress Responsible for research, formulation and articulation of campaign policy proposals and positions. Denver, CO 2001 -2002 Public Policy Research Adjunct Bighorn Center for Public Policy Non -partisan, Colorado -based public policy research institute. Researched "Best Practices" on a variety of topics ranging from No -Call lists to Faith -Based policy initiatives. Denver, CO 2001 Legislative Aide to Assistant Minority Leader Colorado House of Representatives Responsible for day -to -day organization and operation of State Capitol office; constituent outreach and response; polity research. Denver, CO 1999 Licensed Substitute Teacher Adams County District 14 Commerce City, CO 1997 -2000 Campaign Manager for Successful $623 Million Bond Issue Citizens for Youth, Education & Schools Greeley/ Evans School District Managed day - to-day operations of campaign. Worked for citizens group and with a variety of campaign consultants. Greeley, CO 1996 Avon Town Council April 20, 2010 This letter is to the Avon Town Council outlining my interest in continuing to serve on the Planning and Zoning Commission for the next 2 years. Why do I want to serve? • Participate in developing and applying a new land use plan • Support current compressive plans outlining the development of both East and West "Downtown" Avon going forward within the land use plan • Start thinking about the effect change within the Village and how it will effect the Community • Help evolve the Transit Plan (particularly bicycling and pedestrian portions). • Help adjust decision making to include evolving trends in Wildridge • Use the "mistakes" we have made to improve design approval record • Comments concerning the P &Z • Has signification improved structure and process in last year • Training has been OJT, so we need to add half hour session to one meeting a month discussing good and bad design, community planning and governance • With current Commission structure in place transition to new Commission will be smoother than in the past • Communications between the Commission, Town Staff and Town Council are improving, we still have a way to go. • The Commission still works best with mix of architects, builders and citizens • Continue to treat people who come before the commission professionally • Expand linkage with other groups (Arts, Transportation and County) My commitment to the P &Z • Will attend every meeting possible • Missed 1 meeting in the last (knee replacement) • Attended many Council Meeting • Will continue to review all documentation and participate in onsite visits prior to each meeting to be fully informed Professional management expertise • 25 years of managing customer service for large technology corporations • Experience managing with and without line authority • Decision making from limited available information • Consensus building • Direct and concise communications • Negotiating • Risk assessment Thank you for the privilege of serving the last 6 years. Phil Struve Phil Struve P.O. Box 867 5780 Wildridge Road East Avon, Colorado 970.949.5874 1995 to Present - Clientec — Founder & Principal — Avon, CO Clientec provides technology project management, installation and service management to vendors and users. The following is list of Clientec projects and clients may be contacted for references. • Project managed the network conversion IP /Frame Relay for 5000 banking locations. • Managed the construction and upgrade of twenty-one motor banks to substantially improve customer service. • Built successful project plans for implementing physical security systems for three Air Force Bases including protecting nuclear weapons. • Developed a project plan for a physical security system based upon video streaming and network archive storage • Designed and implemented service delivery measurement system, including documenting and negotiating service level agreements • Restructured and completed two projects to build Web -based ASP infrastructure for a major telecomm company. • Designed and implemented a highly effective call center using off -the -shelf software, computer telephony and standard networking products • Implemented a highly secure and reliable worldwide corporate network that includes product testing and benchmarking lab. • Analyzed and restructured a North American service operation for European company • Analyze, restructure and manage a 600 person European service operation for a North American Company • Manage "point -of- touch" upgrade projects for automatic teller machines, article monitoring, CCTV surveillance, and point of sale devices • Complete a complex acquisition project requiring extensive data manipulation programs to convert/migrate 7500 new accounts 1994 to 1995 Scan - Optics — VP Sales & Marketing - East Hartford, CT 1990 to 1994 Convex Computer — VP Worldwide Service & Integration - Dallas, TX 1986 to 1990 Recognition Equipment — VP Worldwide Service - Dallas, TX 1982 to 1986 NBI — Director of HQ Service - Boulder, CO 1981 to 1982 Spartacus Computers — Director of Operations - Bedford, MA 1968 to 1981 IBM — San Francisco, CA, Poughkeepsie, NY and Boulder, CO Programming Center Manager Information Systems Architect Product Planner and Systems Programmer Field Engineer and Manager 1964 to 1968 US Forest Service (Los Padres) — Fire Technician - Big Sur, CA 1964 to 1968 Heavenly Valley Ski Area — Ski Patrolman — South Lake Tahoe, CA EDUCATION: Bowling Green University: BS (Finance) Numerous technology skills and leadership classes April 13, 2010 Matt Gennett, Planning Manager Town of Avon Post Office Box 975 Avon CO, 81620 Re: Town of Avon, Planning & Zoning Commission Dear Matt: I would like to confirm my interest to continue serving on the Planning & Zoning Commission. Please accept this letter as my application for the position. If you require any other additional information, please contact me. I have been a resident and employee in Avon since November of 1999, employed by the Vail Resorts Development Company, Vail Capital Partners, and currently self employed. One of my personal goals is give back to the Community in which I live and work, and help guide and influence future Development. I truly enjoy the work and relationships I have created as a member for the Planning and Zoning Commission, and look forward to the upcoming challenges before us. Thank you for your consideration of my application. Sincerely, W. Todd Goulding 600 Nottingham Rd, #5 • Avon, Colorado 81620 P.O. Box 1061 • Avon, Colorado 81620 * 970.845.2369 W. TODD GOULDING P.O. Box 1061, Avon, CO 81620 Mobile: 970 - 331 -1732 • toddg24@gmail.com Real Estate Development & Construction Management Highly accomplished real estate development and construction management professional with a depth of experience in commercial and residential development in publically traded and private equity environments. Proven track record, covering 14 years and $1+ billion of successful projects in remote, challenging locations, delivering on time, within budget. Expert ability to mitigate risk through transparent relations with clients, consultants, municipalities, direct reports, and investors. Areas of Expertise Project Management • Construction Management • Master Planning • Entitlements • Design Real Estate Development • Budgeting • Architecture • Scheduling • Contract Negotiations Due Diligence • Customer Service • Client Relations • Risk Management • Team Leadership Professional Experience VAIL CAPITAL PARTNERS, INC., Avon, CO 2008 —2009 Private equity investment firm formed to invest in luxury resort real estate developments in the Western U. S. Employs 17 and manages several private equity investments including homes, multifamily, and mixed -use projects. Partner / Senior Project Manager Managed overall redevelopment planning of 117 -unit, 12 -acre parcel in Vail Valley valued at $500 -700 million in gross revenue with expected ROI of 20 -25% across 10 -15 years. Developed business plans and managed pro formas based on market conditions and forecasts, altering direction as required. Project included more than one million square feet of commercial, residential, and mixed uses. Presented concepts and financial prospectus to existing and potential high- net -worth individual and institutional investors. Key Accomplishments • Entered into partnership with local municipality to move forward on development plan slated to provide 10 -20% increase in projected returns in comparison with original vision and direction due to revised, transparent approach and master plan. • Met or exceeded investor expectations by turning around poorly planned vision and creating workable development plan. • Improved partner communications and operations by developing new accounting and risk - management systems while creating new methods of accountability among partners. W. TODD GOULDING Page Two VAIL RESORTS DEVELOPMENT COMPANY, Avon, CO 1997— 2008 Provides master planning, design, and luxury developments through high levels of service via concierge and customer service during construction and beyond delivery. Senior Project Manager Created preliminary budgets and negotiated and executed contracts with architects, consultants, and general contractors on projects ranging from $12 million to $400 million. Managed $400 million, 560,000 square -foot Ritz - Carlton Residences from planning through groundbreaking. Ensured open communication among all parties, including senior management, clients, partners, and stakeholders. Oversaw design, permitting, construction, and budget of Vail Mountain's $10 million expansion, Blue Sky Basin, to open for the 2000 ski season. Managed all aspects of a $70 million ultra - luxury, multi - family development, Gore Creek Place, including permitting, construction, delivery, and customer relations. Key Accomplishments • Launched sales of Ritz - Carlton Residences' 71 luxury condominiums, exceeding lender's 66% presales requirement, permitting construction to start on time. • Coordinated sales launch, building permit, and execution of GMP contract, worth $192 million, to break ground on schedule. Identified $6 million in construction savings through value engineering and design coordination, maintaining project return. • Acquired Ritz - Carlton Development Company approvals including coordination and inclusion of technical requirements, and specifications. • Constructed and delivered Gore Creek Place, 16 -unit luxury residential project in Vail, Colorado, on time and budget, producing $70 million gross revenue with $18 million profit. Created new warranty process and customer service and concierge programs that exceeded clients' needs and expectations on all luxury residences. Managed $20 million development of Red Sky Ranch Golf Club, delivering project to operations ahead of schedule, allowing grand opening with Greg Norman, Dan Marino, John Elway, and Mike Shanahan. Education, Licenses & Certifications B.S., Engineering, TUFTS UNIVERSITY, Medford, MA Licensed Real Estate Broker, Colorado Certified Engineer in Training (EIT), Massachusetts Scott Prince P.O. Box 8156 Avon, CO 81620 April 0, 2010 Sally Vecchio, Community Development Director Town of Avon P.O. Box 975 Avon, Colorado 81620 Re: Letter of Intent Dear Ms. Vecchio: Please accept this letter as my intent to continue to serve on Avon's Planning and Zoning Commission. I was originally appointed in the spring of 2008 and my appointment expires this May. I am interested in serving on the Commission as I have a deep, long term interest in the Town of Avon and our community. My skills and employment background bring a unique and desirable perspective to the Commission. With two years under my belt, I have developed an understanding of the Town's Comprehensive Plan, Design Guidelines, and other long range plans. It's also worth mentioning I have attended 100% of the meetings, and have attended every joint work session. I also serve as the Town's representative for the Traer Creek DRB, a role I enjoy and feel that I have been successful with representing the Town. Outside of the Commission, I continue to be employed as a Vice President of Millennium Bank, a locally owned financial institution. I have over 15 years of experience in all aspects of banking, residential and commercial lending, and financial planning. Additionally, I also serve as a Board of Director for the Vail Board of Realtors and a local non - profit preschool, Children's Garden of Learning. My educational background includes an MBA from the University of Denver where I graduated with honors and an undergraduate degree in business from Cal State Sacramento, where I also graduated with honors. As I'm sure you know, it takes time to truly understand the Town's goals and guiding documents. If I am appointed for another term, I will continue to add value to the Commission thru my tenure and strong desire to make the Town of Avon a better community. Thank you for your consideration. Scott Prince Scott B. Prince 5300 Ferret Lane /P.O. Box 8156 Avon, CO 81620 email: scot1prince2008(kaol.com 970- 471 -9235 PROFILE Experienced, high energy mortgage banking professional with recognized expertise in sales, account management and growth, background in all origination channels, marketing, mortgage technology, and diverse credit markets knowledge. Expertise in establishing productive relationships and communicating effectively at all levels, both internally and externally. Strengths: ➢ Successful track record of leading, developing, building and managing profitable relationships with small to large mortgage bankers, financial institutions and mortgage brokers nationwide. ➢ Fifteen years of experience in Mortgage Banking and Credit. ➢ Strong public speaking skills with a proven ability to sell through expertise and motivation. ➢ Extensive knowledge of various investor guidelines including underwriting, loan pricing, delegated programs, capital markets and securities. ➢ Seasoned in secondary marketing and underwriting processes relating to Agency, Jumbo, FHA, Alt -A, Reverse, single close Construction, Warehouse lending, and Commercial loan products. Millennium Bank Edwards, CO Dec. 2008 — Current Vice President — Mortgage Loan Originator Millennium Bank is a privately held state chartered bank headquartered in Edwards, Colorado, with branches located in various Colorado resort markets. Major Accomplishments: ➢ Originated and funded approximately $15 million in retail residential mortgages. ➢ Successfully adapted my skill set to retail originations and exceeded goals. ➢ Developed additional Secondary Market relationships and enhanced the bank's mortgage policies. ➢ Exposed to retail banking, portfolio lending, and REO loss mitigation. ➢ Completed numerous compliance and systems trainings, including the state of Colorado mandated 40 hours of mortgage broker certification. ➢ This experience in retail has given me great opportunity to leverage my ability to be an even more effective and valuable correspondent manager. Indymac Bank, FSB Pasadena, CA Nov. 1995 — Sept. 2008 Vice President — Business Development Manager Mortgage Professionals Group Indymac Bank was the 2nd largest independent mortgage lender and the 7`b largest savings and loan in the nation. Major Accomplishments: ➢ Personally responsible for the purchase of over $5 billion in residential mortgages. ➢ Member of Indymac's Sales Executive Council since 2002, a select group of top performers who provided constructive feedback to executive management on a variety of issues. ➢ #1 Producer in the Rocky Mountain region and ranked #5 nationwide. ➢ Managed and developed a staff of customer account executives and support personnel. ➢ Well respected and highly regarded as a manager by all at Indymac. Zero sick days taken and I always scored above curve on annual reviews and peer rankings. ➢ Helped design and implement a POS risk based pricing, underwriting and imaging system. ➢ Proven ability to adjust to changing market conditions as I successfully rebuilt my business multiple times after reorganizations. ➢ Member of Indymac's Risk Based Operations Committee to reduce unit cost through streamlining the entire process. One of 3 selected out of over 1000 salespeople. ➢ Hosted monthly training seminars nationwide for all business partners and internal staff. ➢ Screen, train and coach other sales staff on sales strategies, lead acquisition and delivery practices. Mentored new staff and was a resource for senior management. ➢ Experienced in appraisal review, underwriting signing authority to $650,000, and loan funding experience. Cross trained in all aspects of the "back office." ➢ Certified annually for all Bank regulatory compliance requirements. ➢ Home Construction Lending top producer and trainer. Responsible for understanding all aspects of the construction lending process, including budgeting, plans /specs, permits, insurances, costing, underwriting, funding and the disbursement process. EDUCATION University of Denver Daniels College of Business -- Denver, CO Master of Business Administration, 1995, Graduated with Honors California State University -- Sacramento, CA Bachelor of Science in Business Administration, 1993, Graduated with Honors PUBLIC /PRIVATE APPOINTMENTS Commissioner, Town of Avon Planning and Zoning Commission ➢ Appointed by the Avon Town Council, April 2008 — Present ➢ Review and decision residential /commercial planning, zoning and design review. Board of Directors, Vail Board of Realtors, Affiliate Liaison ➢ Appointed by the Vail Board of Realtors, September 2008 — Present ➢ The VBR serves over 900 members and affiliates in Eagle County. Board of Directors, Children's Garden of Learning ➢ May 2008 — Present ➢ CGL is a non - profit pre- school in Vail with revenues in excess of $700,000. PROFESSIONAL ASSOCIATIONS ➢ Colorado Association of Mortgage Brokers (CAMB) — Member and guest speaker ➢ National Association of Mortgage Brokers (NAMB) — Member ➢ Mortgage Bankers Association of America (MBAR) — Member PERSONAL ➢ I am a non - smoker and have lived in the Vail Valley for 15 years. I enjoy spending my free time with my wife Amber and our 5 year old son Henry. Favorite activities include hiking, biking, fishing and anything outdoors. Exhibit B CHAPTER 2.16 Planning and Zoning Commission 2.16.010 Establishment and purpose. (a) There is hereby established a Planning and Zoning Commission of the Town. (b) The purposes of the Planning and Zoning Commission are as follows: (l) To guide and accomplish a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (2) To secure safety from fire, panic, floodwaters and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (3) To preserve the natural beauty of the Town's site and setting, to prevent indiscriminate clearing of property, removal of trees and earthmoving, and to attain the objectives set out in this Chapter through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (c) The objectives of the design review function of the Planning and Zoning Commission shall be as follows: (1) To prevent excessive or unsightly grading of property which could cause disruption of natural watercourses or scar natural landforms; (2) To ensure that the location and configuration of structures, including signs and signage, are visually harmonious with their sites and with surrounding sites and structures and that there shall be conformance to the master plan of record of the Town; (3) To ensure that the architectural design of structures and their materials and colors are visually harmonious with the Town's overall appearance, with surrounding development, with natural and existing landforms and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (4) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and by this Chapter and to provide visually pleasing settings for structures on the same site and on adjoining and nearby sites. (Ord. 83 -11 § I (Part)) 2.16.020 Definitions. Certain terms as used in this Chapter are defined in this Section. The Commission shall define such other terms as necessary to be used in its rules and regulations. Clerk means the Town Clerk of the Town. Commission means the Planning and Zoning Commission of the Town. Council means the elected Town Council of the Town. County means the County of Eagle, Colorado. Town means the Town of Avon, Colorado. (Ord. 83 -11 § I (part)) 2.16.030 Created — membership — terms. (a) Effective the first day of May, 1983, there is created a Planning and Zoning Commission of the Town composed of seven (7) members appointed by the Town Council, to which is delegated the powers and duties to administer this Chapter. (b) The term Planning and Zoning Commission shall be deemed to refer to the full seven - member Commission, which Commission shall fulfill all duties and have all powers now or hereafter delegated to either the Planning and Zoning Commission of the Town or the Design Review Board of the Town. (c) Effective the first day of May, 1983, the existence of the independent Design Review Board of the Town heretofore created is terminated; provided, however, that all matters pending before the Design Review Board on such date shall fall within the jurisdiction of the Planning and Zoning Commission, and the rules and regulations of the Design Review Board shall be the rules and regulations of the Commission until modified by the Commission and approved by the Town Council. (d) Because of its dual role as both a Planning Commission and a Design Review Authority, it is recognized that a balance in the membership is necessary between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors). Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the Commission. Appointments shall be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the Commission at all times and that two [2] of these professionals be architects, landscape architects or designers) and then by the following criteria in descending order: (1) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3) Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. (e) The term of office for a member shall be two (2) years on an overlapping tenure; provided, however, that of the members initially appointed, three (3) members shall serve for terms of one (1) year and four (4) members shall serve for terms of two (2) years, respectively, and after the expiration of the initial terms, each member subsequently appointed shall serve for a term of two (2) years. (Ord. 05 -06 § 1; Ord. 94 -9 § 1; Ord. 83 -31 § 1; Ord. 83 -11 § 1(part) 2.16.040 Vacancies. A vacancy on the Planning and Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the Town or is convicted of a felony. A member of the Commission who ceases to possess the qualifications for office possessed by him or her at the time of his or her appointment may be permitted by the Town Council to serve until the end of his or her term, provided he or she continues to reside in the County. A member of the Commission may be removed for misconduct, including but not limited to repeated absence from meetings or violation of the Town's code of ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. Ord. 05 -06 §2; Ord. 94 -9 §2; Ord. 83 -11 § I (part)) 2.16.050 Compensation. All members of the Commission shall serve with compensation at the rate of seventy -five dollars ($75.00) per each attended meeting, not to exceed one hundred fifty dollars ($150.00) per month, and be reimbursed for all authorized personal expenses incurred while performing duties as a Commission member. (Ord. 96 -2) 2.16.060 Organization. The Commission shall select its own chairman, a vice chairman and a secretary from among its members. The chairman or, in his or her absence, the vice chairman, shall be the presiding officer of its meeting. In the absence of both the chairman and the vice chairman from a meeting, the members present shall appoint a member to serve as acting chairman at the meeting. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. Four (4) members shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date and in the absence of all members, any staff member shall adjourn any meeting to a later time or date. (Ord. 83 -11 § 1(part)) 2.16.070 Rules of procedure. The Commission shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection; provided, however, that the Commission shall submit its proposed rules or any amendment thereto to the Town Council, which by motion shall approve the rules or amendment and direct their adoption by the Commission, or disapprove the proposal with directions for revision and resubmission. (Ord. 83- 11 § 1(part)) 2.16.080 Authority to retain consultants. The Commission is authorized to retain the services of one (1) or more consultants, provided funds have been appropriated by the Town for said purpose, to advise and assist the Commission in performing the functions prescribed in this Chapter. The consultants may be retained to advise the commission on a single project, on a number of projects, or on a continuing basis. (Ord. 83 -11 §1(part)) 2.16.090 Meetings. The Planning and Zoning Commission shall meet in accordance with the rules of procedure governing the Commission, and otherwise upon the call of the chairman, or in the absence of the chairman, by the vice chairman. Meetings shall be called sufficiently frequently that the procedure prescribed in this Chapter shall commence within thirty (30) days of submission of all materials required by this Code. (Ord. 83 -11 § 1(part)) 2.16.100 Staff. The Planning Director shall serve as the staff of the Commission, and shall provide for the service of a recording secretary, who shall act in the capacity of secretary for the Commission for the purpose of receiving applications and other material for consideration for the Commission. (Ord. 83 -11 § 1(part)) 2.16.110 Duties of the Commission. The Planning and Zoning Commission shall have the following functions and duties: (1) To make and recommend to the Town Council plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof, which in the Commission's judgment bear relation to the planning of the Town. The plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendations for the development of the subject territory; (2) To review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, with appropriate regulations, which may be specifically provided or required by ordinance of the Town; (3) To review and recommend to the Town Council desirable or necessary modifications to the subdivision regulations, as may be provided or required by ordinance of the Town; (4) To review and approve design review procedures and criteria as they relate to the zoning ordinance; (5) To review and comment on programs and studies of planning issues for the Town and its environs; (6) To conduct research and appropriate studies of planning issues for the Town and its environs; (7) To act as the Design Review Board of the Town and to perform all duties and exercise all powers assigned to the Design Review Board of the Town; (8) To consider any other matters pertaining to the Commission as provided by law, resolution or ordinance, and to act in an advisory capacity to the Town Council when so requested, and to perform all other powers and duties authorized and required by ordinance or state law; (9) To review and approve, disapprove or conditionally approve design of all proposed structures in the Town, based upon criteria and procedures determined necessary for the health, safety and welfare of the residents of the Town and approved by the Town Council. The Town shall not authorize site preparation, building construction, sign erection or application, exterior alteration or enlargement of an existing structure or paving, fencing, planting or other improvements of open space unless design approval has been granted as prescribed in this Chapter. (Ord. 83 -11 §1(part)) 2.16.120 Performance bonding. If the Commission determines such action is necessary to protect the health, safety and welfare of the residents of the Town, prior to issuing approval of any application, the Commission may require permittee to submit, prior to obtaining a building permit, a letter of credit, surety bond or other adequate security, in a form and an amount acceptable to the Town, guaranteeing to the Town the compliance with all requirements of the Commission, or regulations or ordinances of the Town. It is not the intention of this provision that duplicate bonding be a requirement. (Ord. 83 -11 § I(part) 2.16.130 Material to be submitted. (a) The Commission shall adopt rules and regulations for the submission of applications, materials and information requiring action by the Commission. The rules and regulations shall include procedures, schedules, content and quantities of materials to be submitted. (b) The owner or authorized agent of any proposed project requiring action by the Commission shall submit all of the required material and information in accordance with the rules and regulations of the Commission. Any application found incomplete shall not come before the Commission. (Ord. 83 -11 § 1(part)) 2.16.140 Variances. The Commission may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (Ord. 83 -11 § I (part)) 2.16.150 Fees. The Town Council shall establish a schedule sufficient to cover the cost of Town staff time, consultant's fees, public notices and incidental expenses of the Commission. (Ord. 83 -11 § I (part)) 2.16.160 Appeal to Town Council. (a) Appeal of any decision of the Planning and Zoning Commission shall be governed by the provisions of this Section. (b) Decisions of the Planning and Zoning Commission may be appealed to the Town Council by the applicant or any interested person or may be reviewed at the request of a majority of the Town Council at any time before the decision becomes final. An interested person is an adjacent property owner or a person entitled to have notice of the hearing mailed to him or her in association with the action of the Commission. (c) Within five (5) working days following action of the Planning and Zoning Commission, notification of its decision shall be deposited in the United States mail to the applicant and his or her designated agent. The decision shall become final unless a written appeal or request for review by the Mayor is received by the Town Clerk within fifteen (15) days of the decision of the Planning and Zoning Commission. (d) Not more than thirty (30) days following the filing of an appeal, or the request for review by the Town Council, the Town Council shall review the action of the Planning and Zoning Commission. The Town Council shall, in writing, confirm, modify or reverse the decision of the Commission within thirty (30) days following the commencement of review. If it deems insufficient information is available to provide the basis for a sound decision, the Town Council may postpone final action for not more than thirty (30) additional days. Failure of the Town Council to act within thirty (30) additional days shall be deemed action confirming the decision of the Commission unless the applicant consents to a time extension. Action of the Town Council shall become final immediately. (e) Any decision by the Town Council which results in action modifying or reversing the decision of the Planning and Zoning Commission shall specifically describe the reasons therefor (f) Any appeal must be presented to the Town Clerk at the Town office, and each appeal must be accompanied by a processing fee of fifty dollars ($50.00). (Ord. 04 -07 §§ 1 -5, Ord. 92 -12 § 1; Ord. 83 -11 § 1(part)) 2.16.170 Lapse of approval. Approval of an application of any nature except zoning shall lapse and shall become void two (2) years following the date of final approval of the application prescribed by ordinance, unless, prior to the expiration of two (2) years, a building permit based upon such approval is issued and construction is commenced and diligently pursued toward completion. (Ord. 83 -11 § 1(part)) Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Asst Town Mgr /Comm Deve Date: April 22, 2010 Re: Amendment to the 2006 Avon Comprehensive Plan to Include Transportation Vision Statements Summary As part of the Connect Avon Now (CAN) project the Town Council directed the Planning and Zoning Commission (PZC) to draft specific transportation vision statements to be included in the Avon Comprehensive Plan for the purpose of providing additional guidance on the full range of future transportation outcomes for the Town. The PZC completed its visioning process during three public meeting held on February 16, 2010, March 2, 2010 and March 16, 2010, and by unanimous approval of the full PZC recommended that the Comprehensive Plan be amended to include four additional transportation vision statements as described in PZC Res. 10 -01 (Attachment A). Council Resolution No 10 -04 Adopting the Transportation Vision Statements as an Amendment to the Avon Comprehensive Plan, has been prepared in consideration of this matter (Attachment C). Background The Town Council adopted the Avon Comprehensive Transportation Plan in October 2009. The Transportation Plan provides a clear foundation and framework that supports an integrated multi - modal transportation system with planning for future roadway improvements, transit service enhancements and bicycle /pedestrian facilities. Following the adoption of the Transportation Plan, the Town conducted financial modeling and analysis to consider capital and operating costs associated with meeting the future vision of the town's transportation systems. The CAN project is the means to identify funding options and deliver the desired level of multi -modal connectivity in the Town with: 1) expanded transit routes, 2) added trails and bike lanes, and 3) construction of a public parking garage. The goals and policies of the Comprehensive Plan are the foundation of the Transportation Plan and the CAN project. Therefore, Council has requested that the Comprehensive Plan vision statement be expanded to: 1) Summarize the ideal future for the Town's transportation system in the next 20 years. 2) Provide context for the Connect Avon Now program recommendations. 3) Reinforce the strategic direction of Transportation Plan. 4) Give the Town a yardstick that it can use to measure present performance and plans against its aspirations. Discussion The Avon Comprehensive Plan currently includes one vision statement related to transportation: Avon will support a multi -modal transportation network that provides convenient, efficient, clean links throughout the town, to ski area base facilities, and the entire Eagle Valley region. The PZC drafted four additional statements which reflect the Comprehensive Plan goals in supporting the multimodal transportation network system desired by the community and the CAN strategic program recommendations related to transit, parking, roads and trails. The attached spread sheet summarizes the relationship between the new vision statements, the Town's transportation planning goals, policies and the CAN program (Attachment B). Because the vision statements describe the desired outcome of the Town's transportation system by 2035, they also serve as a measuring stick against which the community can test the actions recommended by CAN. Proposed Transportation Vision Statements 1. Avon has an environmentally friendly and functional transportation system which ties to the regional transportation system and provides safe, strategic, convenient travel options that prioritize pedestrians and cyclists over motorists throughout Avon, including but not limited to the commercial centers, resort facilities, and parking facilities. 2. The Town's transportation system is fiscally sustainable, manages both demand and capacity, serves areas of planned density as described in the Town's planning documents, optimizes technology, and joins roadways, pedestrian and bicycle paths and facilities into a fully interconnected transportation network. 3. Parking in Avon is sufficient for guests, businesses and residents, which is strategically located and enhances the community character of Avon. 4. The Town's transportation system promotes the region's economy and environmental goals, and operates for the benefit of everyone in a convenient, attractive and safe setting. Staff Recommendation Staff recommends that Council adopt Resolution No10 -04 Adopting Transportation Vision Statements as an Amendment to the Avon Comprehensive Plan. Town Manager Comments • Page 2 TOWN OF AVON PLANNING & ZONING COMMISSION VON RESOLUTION NO. 10-01 f. 0 L 0 R A 0 A RESOLUTION RECOMMENDING APPROVAL OF THE TOWN OF AVON TRANSPORTATION MASTER PLAN AMENDMENT TO THE AVON TOWN COUNCIL WHEREAS, The Town of Avon recognizes and affirms the value of a multi -modal transportation vision that includes pedestrian, bicycle, transit and vehicular; and WHEREAS, The Town of Avon's vision is to provide a high quality of life, today and in the future, requiring a diversity of transportation modes that are safe, efficient and effective; and WHEREAS, The Town Council approved the Town of Avon Comprehensive Transportation Plan at their September 22, 2005 meeting; and WHEREAS, The Town of Avon Comprehensive Transportation Plan acknowledges that there are deficiencies with the existing and future roadways, bicycle /pedestrian facilities, and the current Town transit system; and WHEREAS, The Town desires to place a higher priority on the safety and quality of the experience for pedestrians and bicyclists, with secondary consideration for roadway capacity improvements for vehicular traffic; and WHEREAS, the Town of Avon Comprehensive Transportation Plan will support the goals and policies of the Town of Avon Comprehensive Plan, including: Policy C.2.3: Require pedestrian, bike, and automobile connections, where appropriate, between proposed and existing residential neighborhoods. The use of multiple access points, traffic calming devices, and/or street design standards will be employed to minimize cut through traffic. Goal D.2. Create community gateways and streetscapes that reflect and strengthen Avon's unique community character and image. Goal G.1: Create and integrated transit system that minimizes dependence on automobile travel within the Town by making it easier and more inviting to use transit, walk, ride bicycles, and utilize other non - motorized vehicles. Goal G.4: Provide a safe and efficient vehicular transportation system. Goal G.1.2: Devise a public transit service plan that would replace the current one - way loop system with a two-way system that utilizes new road links. Compare annual service hours and productivity (passengers per vehicular hour) estimates of two alternative service plans. Goal G. 1. 7., Ensure that streets effectively accommodate transit, pedestrian, bicycle and other modes of transportation. Goal G.1.8: Retrofit existing streets to provide safe and inviting pedestrian sidewalks, shoulders and crosswalks. Goal G.1.9: Ensure that adopted roadway and intersection standards have adequate provisions within the public right of way to fully incorporate both auto and non -auto modes. Goal G. 1.11: Provide a bicycle and/or pedestrian connection across or under 1 -70 between Metcalf Road and West Beaver Creek Blvd. Goal G. 1.18: Support a transit system that maximizes ridership by providing frequent service even if higher subsidy levels are required. WHEREAS, The Town of Avon Planning and Zoning Commission held public meetings on February 16, 2010, March 2, 2010, and March 16, 2010 meetings to draft vision statements to be incorporated into the Town of Avon Comprehensive Transportation Plan, and the Planning and Zoning Commission considered all public comments provided before taking any action to make a recommendation to the Town Council; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON PLANNING AND ZONING COMMISSION, that the Planning and Zoning Commission of the Town of Avon hereby recommends approval to the Town of Avon Comprehensive Transportation Plan Amendment — Attached hereto as Exhibit A. ADOPTED THIS 6'h DAY OF APRIL, 2010 Signed: -- Date: �d W. T66d oulding, Vpr6n Attest. Date: F.-Ranning & Zoning CommissionlResoludons420101Res 10-01 Comp TrensRan Visioning Amendment doc RELEVANT CITATIONS Vision Statements Comprehensive Plan West TC Plan East Recreational Trails Comp Transportation Connect Avon Now (2010) (2006) District Plan (2007,08) Master Plan (2009) Plan (2009) * Prioritize peds, bikes and transit over auto Policy B.1.5 * Ch. 3 " Adds 13,000 new service hours /year of transit service. * Encourage transit- oriented development and Policy B.1.8 * Appendix D * Adds new routes to VAA, to BC Village, to affordable housing. use of transit in the core area to link with critical Policy C.4.3 * Ch 4, Fig. 4.3 offers * Improves level of service in the core as infill occurs. .y destinations Policies G.1.1 - G.1.18 summary of recommended * Funds replacement of bus fleet. * Create an integrated transportation system Policies G.3.1 - G.3.3 service changes * Constructs 15 new bus stops. * Connect to Beaver Creek Policy GA ' Calculates ridership mode * Adds ammenities to existing bus stops. * Provide safe and efficent transportation Policy E.3.1 split * Links to trail system and public parking. Policy E.3.8 * Facilitates transition to future rail system. Policy B.1.8 Conceptual sketchs of * Funds $20M construction of public parking garage with 500 stalls Y* Public parking Poli D.1.3 parking garages, in Town Center West. M * Park once, shop many Policies G.5.1 - G.5.4 approximate locations, * Creates a parking enterprise fund which can be expanded with streetscape vision additional garages or other shared parking areas. Policy B.2.5 ' Whole document devoted .� Policy C.2.3 to establishing formal Policy C.4.3 recreational trail system, Prioritize eds bikes and transit over auto P Policies D.2.2 - D.2.3 priority projects, map * Ch. 2 * Funding to construct 15 new projects which will add > 15 miles * Create transit and ped /bike linkages Policy E.3.2 locations, providing * Ch. 4 of new pedestrian and bicycle linkages. m * Insure RR is not a barrier Policy E.3.4 construction details, ` Sumarty of recommended * See specific project 1►5t. c M * Increase Recreational options tions * Beautify f lwy 6 Policy E.3.8 Policies G.1.3 - G.1.4 maintenance plan, cost estimates. projects on Fig 4.2 * Creates new marketing guide for hikers and bikers. g map Policies G.1.7 - G.1.9 * Unpaved, recreational Policies G.1.11 - G.1.12 trails shown in list in green. CL Polcies G.2.1 - G.2.4 * Enhance gateways and corridors * Ch. 1 * Create unified streetscape, furnishings Policy D.1.4 * Detailed traffic counts Provides funding for street improvements at gateways and linkage rn * Prioritize peds, bikes and transit over auto Policy D.2.5 modeling points for Avon's stems p y * Street design to accommodate transit bikes Goal G.1 Streetscape vision * Areas of need identified Funds bus stop and ped /bike trail improvements to be consistent peds and other modes Policies G.1.7 - G.1.10 drawings *Summary of throughout commercial core area * Policy to track traffic counts and ID needs Policy G.1.13 recommended projects Fig. * CAN funds connections with road system. * APP. A -C, E * Provides means to fund shared parking structure, improves street w .o frontage, improves connections, creates > 800 jobs * Encourage private investment Policy B.1.9 Goal C.1 * Funds construction of new recreational trails and usage guide. C * Establish year -round tourism and employment Goals E.2 - E.3 Creates easy linkages with lodging. U LU ' Adds transit linkage to affordable housing areas. r"_ - I MC160-0 TOWN OF AVON, COLORADO RESOLUTION NO. 10 -14 Series of 2010 A RESOLUTION ADOPTING TRANSPORTATION VISION STATEMENTS AS AN AMENDMENT TO THE AVON COMPRHENSIVE PLAN WHEREAS, the Town of Avon has adopted a Comprehensive Plan under the authority of C.R.S. §31 -23 -201 et. seq.; and WHEREAS, C.R.S § 31 -23 -208 authorizes the Town Council to adopt amendments to the Avon Comprehensive Plan; and WHEREAS, The Town of Avon recognizes and affirms the value of a multi -modal transportation vision that includes pedestrian, bicycle, transit and vehicular; and WHEREAS, The Town of Avon's vision is to provide a high quality of life, today and in the future, requiring a diversity of transportation modes that are safe, efficient and effective; and WHEREAS, The Town Council approved the Town of Avon Comprehensive Transportation Plan at their September 22, 2009 meeting; and WHEREAS, The Town of Avon Comprehensive Transportation Plan acknowledges that there are deficiencies with the existing and future roadways, bicycle /pedestrian facilities, and the current Town transit system; and WHEREAS, the Comprehensive Plan does not adequately address present and future issues that may arise in the downtown area, including parking constraints, traffic congestion, potential loss of historic resources, and potential loss of traditional downtown character and scale; and WHEREAS, the Avon Town Council directed the Avon Planning and Zoning Commission to draft additional vision statement which 1) Summarize the ideal future for the Town's transportation system in the next 20 years, 2) Provide context for the Connect Avon Now program recommendations, 3) Reinforce the strategic direction of Transportation Plan, and 4) Give the Town a yardstick to measure present performance and plans against its aspirations; and WHEREAS, The Avon Planning and Zoning Commission held public meetings on February 16, 2010, March 2, 2010, and March 16, 2010 as required by law, and drafted transportation vision statements that addressed the Town Council's request; and WHEREAS, the Avon Planning and Zoning Commission had the necessary two- thirds vote of the full membership of the Commission as required by C.R.S §31- .28.208 to formally recommend approval of the amendment. NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF AVON COLORADO: 1. The Transportation Vision Statements attached hereto as Exhibit A are hereby adopted by reference and approved as an amendment to the Avon Comprehensive Plan. ADOPTED THIS DAY OF ATTEST: Patty McKenny Town Clerk , 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 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 Transpo atio� Date: April 27, 2010 Re: Noxious Weeds - Ordinance 10 -06 (second reading) Summary: Town Council is requested to amend the town code regarding weeds. This meeting is second reading of the noxious weed ordinance and includes a public hearing. A separate action to address nuisance weeds (i.e. of the non - noxious variety) will be scheduled in the near future. Previous Council Actions: Revisions to §§ 8.24.046 of the Avon Municipal Code entitled "Undesirable Plants" (1992) and to § §8.24.045 entitled "Weeds" (1983) were proposed and discussed upon first reading at the April 13, 2010 Town Council meeting. 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" in accordance with the Colorado Noxious Weed Act (8 CCR 1203- 19). This new ordinance names the Town Council as the "local weed advisory board of the Town of Avon ". This formalizes the authority for the noxious weed mitigation program and assigns it to the Avon Public Works Department. 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 expected to be added to the state's list.' The language 1 This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See: 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. Note that the previous version of this ordinance (first reading 4/13/2010) included language to regulate non - noxious weeds. Based on feedback from Town Council and input from the Avon Building Division, staff decided to delete the nuisance weed portion of the text from this ordinance. Staff intends to return to Council in the near future with a separate action on nuisance weeds which will involve amending the adopted International Property Maintenance Code (2009) to fill in the blank in Section 302.4 (which lists the jurisdictionally - specific allowable height for weeds) and leaving authority for enforcement with the Community Development Department. Financial Implications: No impact. The town's 2010 budget already includes $30,000 in noxious weed mitigation expenses along with a complementary $30,000 in noxious 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 second reading." "I move to adopt the "Avon Noxious Weed Management Plan ", dated 4/13/2010." Town Manager Comments: Exhibits: • Ordinance 10 -06 • "Noxious Weed Management Plan" dated 04/13/2010 U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009: http: / /www.na.fs.fed.ustfhp /invasive plants /weeds /vellow sweetclover.pdf Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie, Wyoming. United States Department of Agriculture, Accessed online on April 8, 2010 at hfti):Hplants.usda.gov/*ava/profile?svmbol=MEOF. 2 TOWN OF AVON, COLORADO ORDINANCE 10 -06 SERIES OF 2010 AN ORDINANCE ENACTING NOXIOUS 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- 40](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 el. 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 . _ 8.24.046 Repealed. 18.24.046 of the Avon Municipal Code hereby repealed in 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 Noxious Weed Control Regulations. Ord 2010.06 Weed Control Regulations Page 1 of 7 4.- .10 Formatted: Tab stops: 1.68 ", Left + Not at 3" 1 + 6" J 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. l #eet fneaffs affy ding: vegeutNes - ftf+oIllural grai2i plots. natiN e plants in widistaf-bed of restered land. and Oannits, iniehade�d in. a landseape plan appi-Ewed b) the TE)NN n, 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 7 v 7 4.820.10 Formatted: Tab stops: 1.68 ", Lek + Not at 3" + 6" 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 Wylie— Nuisnnee, Weeds. areas other than nw,ieus weeds . hieh are not 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. (e) it shall be the duty of the TeAAn in the affeas by Town tO e0l1tFE)l weeds in all Fight of Nsays dedicated to t the ToNsn designated maintained RepaiF "edbyand-set feFth as in AMC r 16.x' 41he Tav A Code t...w„ll ho th e d"t-, line the Town has !he dut5 to defi and the edge of pa-, ement unless assumed eoritt-el weeds as 08.36.070 o . shall be a ..t F: -em the .. nt....Ft4s; reetion 836.01008.36.080 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. 836.0 08.36.090 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 Ord 2010 -06 Weed Control Regulations Page 3 of 7 1' v4N 7 4.820.10 Formatted: Indent: Left: 0 ", First line: 0 ", Numbered + Level: 1 + Numbering Style: 01, 02, 03, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Indent at: 0.5', Tab stops: Not at 0.63" Formatted: Bullets and Numbering Formatted: Tab stops: 1.68 ", Left + Not at 3" + 6" Works Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as set forth below. 8.36.01208.36.100 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)(6). 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(1)(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 7 r4V7 4.820.10 Formatted: Tab stops: 1.68 ", Left + Not at 3" + 6" 8.36.130 Abatement of Weeds. The Publie Aloi -ks Dii -e tai- ,.r gown ee,,. aget.., a to &.-?4. 8:36:04408.36.110 _ Penalty. A violation of this Chapter 8.36 shall be a civil infraction and Formatted: Bullets and Numbering 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 Formatted: Tab stops: 1.68 Left + Not at 3" + 6" Ord 2010.06 Weed Control Regulations Page 5 of 7 "N 7 4.820.10 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. Isignature pate %ilowsl Ord 2010 -06 Weed Control Regulations Page 6 of 7 , . % 7 41.*. °•_6.10 Formatted: Tab stops: 1.68 ", Left + Not at 3" + 6" i 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 Formatted: Tab stops: 1.68 ", Left + Not at 3" + 6" Ord 2010 -06 Weed Control Regulations Page 7 of 7 Via_ 4.820.10 . 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 Common Name: Leafy Spurge Russian Knapweed Diffuse Knapweed Spotted Knapweed Canada Thistle Musk Thistle Plumeless Thistle Scotch Thistle 9 Houndstongue 10 Whitetop;?Hoary Cress 11 Yellow Toadflax 12 Oxeye Daisy 13 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 very invasive, detrimental to cattle, has been found to be problematic in Avon, and is expected to be added to the state's noxious weed list. 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- 1 This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See: U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009: http : / /www.na.fs.fed.ustfharnvasive plants /weeds /yellow sweetclover.gdf Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie, Wyoming. United States Department of Agriculture, Accessed online on April 8, 2010 at hftp://plants.usda.gov/lava/profile?svmbol=MEOF. 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. 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) 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 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. -4- 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 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 -5- 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. 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. -6- 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 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. -7- 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 '/z 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. 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. -8- 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. -9- Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Jamison, Police Service Officer Date: April 22nd, 2010 Re: Revised Wildlife Ordinance, No 10-07, Series of 2010, Second Reading 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. This is the second reading and there will be a public hearing. 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 which applies specific definitions for multi - family housing developments and dictates appropriate maintenance and operation of all refuse containers and enclosures. Recommended Motion: I move to adopt the revised Wildlife Ordinance. Town Manager Comments: W—.. I , M-f 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. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. 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 v7 4.20.2010 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 v7 4.20.2010 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 v7 4.20.2010 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 v7 4.20.2010 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 v7 4.20.2010 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: Penal Violation $100 to $250 fine First violation. $250 to $1,000 fine Each successive violation within twelve (12) months of the previous violation. W SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. SECTION S. 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 Ord. No. 2010 Page 6 of 8 v7 4.20.2010 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 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 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 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. [remainder of page intentional left blank — signature page follows] Ord. No. 2010 Page 7 of 8 v7 4.20.2010 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 v7 4.20.2010 ejh �`� C-= To: Mayor & Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Asst. Town Manager Mgmt Services Date: April 27, 2010 Re: Public Hearings for Outdoor Use of Amplified Sound Applications Summary: The third Annual Doggie Dash event has received special event permits through the Avon Recreation Center. This event will utilize an amplified sound system. A public hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound before 9:00 AM or after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). This event will utilize amplification sound systems to help provide entertainment, organize & inform the participants and spectators throughout the morning. Discussion: Please find attached a memo from Special Events staff (Danita Chirichillo) and the application and maps for the event. The public notice was printed in the Vail Daily and public hearings are required on the applications because the event will begin earlier than the 9 AM time frame allowed for in Harry A. Nottingham Park. Financial Implications: The applicants have submitted the $25 processing fee for the amplified sound permit & the related fees with the Recreation Department. Town Manager Comments: Attachments: ✓ Memo from Special Events ✓ Applications for Outdoor Use of Amplified Sound Equipment MEMORANDUM TO: Meryl Jacobs — Director of Recreation and Cultural Services Department Heads FROM: Danita Chirichillo — Special Events Supervisor DATE: March 16, 2010 REGARDING: Special Event Permit Application Staff has received a 2010 special event permit application for the third annual Doggy Dash. Following are the event details: Event Date: Sunday, June 13 Event Times: 9:00 a.m. to 12:00 p.m. Event Re -Can: This is the third year for the Doggy Dash event. It is a very low impact event with 75 -95 pet owners and dogs participating in a 5K fun run/walk around Nottingham Lake. In addition, there will be a raffle, dog competitions such as a look -a- like contest, etc. The route follows north around the lake to the recreation path along the river, cuts through the Westin at the gondola and stops for refreshments, then heads west along Riverfront Lane, crossing Benchmark Road at Lake Street and into the park from the south east corner. Police Department and Public Works will be been notified upon permit approval. Event Needs: The support needed by staff is minimal. They have not requested fencing, tents, charter bus service or police services through the application process. The Town will provide trash cans with liners, trash removal, and make sure park has sufficient "poop bags ". They will require a sound permit which is included. They will be installing a 30 x 30 tent provided/installed by Alpine Tents. Public Works will mark sprinkler heads. They will be bringing approximately 10 vendors some selling, some displaying. We are collecting the proper licenses and forwarding to Finance Dept. Recommendation: This is a one -of -a -kind event for the Town and even though the economic impact is minimal (or non - existent), it does support our mission statement "...bringing our community together..." and I would recommend moving forward with the approval process. TOWN OF AVON PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM EE: $25 FEE FOR PUBLIC NOTIFICATION COSTS. *THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S) TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING. DATE OF APPLICATION: 2-- -1 - 20 10 NAME OF APPLICANT gPxF REPRESENTING BUSINESS ORGANIZATION Vl� T 1 F tR S TELEPHONE NUMBER (r'fb () \1 10 ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM F VerW- "V16 JVl Q Nti 4M it it'MA, IQ emu—) DATES AND TIMES OF PROPOSED USE :j: ✓ N e-- o+, 7_c> 3 k-, 8 '. 30 --$ `{ S qty-1, 1�, N DCfJ *ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT AND DIRECTION OF SOUND PROJECTION. -`7 -200 SIGNAAIRE OF APPLICANT DATE MAILING ADDRESS OF APPLICANT APP O D: AV SPECIAL EVENTS SUPERVISOR DATE TOWN CLERK DATE Please acknowledge that each page is satisfactory by initialing: _ TOA Page 6 6/- Sponsor Co I) (D O C) c C) c 0 0 C 0 CO) 0 =r cf) -4 . . . . . . . . . . -4 TOWN OF AVON, COLORADO V O N AVON WORK SESSION MEETING FOR TUESDAY, APRIL 27, 2010 e o 10 R . n MEETING BEGINS AT 2 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 2:00 PM — 2:30 PM 1. EXECUTIVE SESSION a. Developing strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to pending litigation and settlement discussions regarding Town of Avon v. Traer Creek Metropolitan District, 2008 CV 0385 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 2:30 PM — 3:00 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. ECO Transit Update (Ron Wolfe, Mayor) b. Temporary Fee Reduction and Waiver Program for Zoning, Design Review, and Building Permit Applications (Sally Vecchio, Assistant Town Manager Community Development and Larry Brooks, Town Manager) Notice that Reduction of the Community Development Fees reverts to original fee structure c. 2010 Town of Avon Street Improvements (Justin Hildreth, Town Engineer) 2010 Projects update Memo Only d. Financial Matters (Finance Department) Update on revenue collections, i.e. sales tax, accommodations tax, building permit activity Memo Only 3:00 PM — 5:00 PM 4. AVON DEVELOPMENT CODE (Sally Vecchio, Assistant Town Manager Community Development, Eric Heil, Town Attorney) Review several aspects of the development code including Development and Design Standards 5:00PM 5. ADJOURNMENT Avon Council Meeting.10.04.27 Page 1 of 4 MEMORANDUM To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio 54) Date: April 22, 2010 Re: Temporary Fee Reduction and Waiver Program for Zoning, Design Review, and Building Permit Applications. Background On July 28"', 2009 the Town Council approved a temporary fee reduction and waiver program for certain development and building permit applications, as follows: 1. 100% of all Zoning fees 2. 100% of all Design Review fees 3. 100% of all Building Permit fees for interior remodels, replacement of exterior stucco and /or siding, and roof covering repair and replacement 4. 10% for all other Building Permit fees The fee waiver program was intended to jump start the local construction industry and related businesses and initially ran from August 1, 2009 to February 12, 2010. In February, the Council extended the fee waivers until May 12, 2010 and agreed not to adopt the bi- annual building permit fee increase (approx 2 %). Discussion Since the fee waiver program was initiated in August 2009, the Community Development Department has waived $56,726.67 in building and development fees (Table 1.1). A comparison of fees collected in 2009 between January and August and fees collected in 2010 between Jan and April indicates that Building Permit and Plan Check Fees in the first four months of 2010 have already exceeded the fees collected in those categories in the first 9 months in 2009. This is not the result of increased construction activity. The higher fees in 2010 are due to one $30K building permit for a new home in Mountain Star and one home addition building permit also in Mountain Star. Table 1.3 indicates that construction activity in 2009 and 2010 remains substantially below 2008 activity. Revenue from building and development fees in 2009 was $113,077.95. We are expecting construction activity to remain the same in 2010. Town Manager Comments mi Building Permit and Development Application Revenues January 1- April 20 2010 Table 1.1 Building Permit Revenue By Type Jan — Dec 2009 Table 1.2a Building Addition/Remodel Revenues Waived Revenues Revenues $1,430.00 Received Revenues Received Waived Fees/Revenue $3,669,614.00 New Residential Permits Issued 15 4 1 Jan -Aug 2009 Aug -Dec 2009 Jan — April 2010 Jan. — Apri12010 Contractor License Fees $5,205.00 0 0 0 Building Permit Fees $43,097.62 $25,849.37 $45,482.58 $15,403.63 Plan Check Fees $12,609.79 0 $31,132.84 $1,434.00 Subdivision Review $4,627.50 $877.50 $2,160.00 0 Fees Design Review Fees $12,925.00 $7,886.17 0 $5,275.00 TOTALS $78,464.91 $34,613.04 $47,642.58 $22,112.63 Building Permit Revenue By Type Jan — Dec 2009 Table 1.2a Building Addition/Remodel $25,803.00 New Building $14,418.00 Mechanical $1,430.00 Plumbing $600.00 Building Permit Revenue By Type January 1 —April 20, 2010 Table 1.21% Building AdditionlRemodel $11,690.89 New Building $32,783.63 Mechanical $933.06 Plumbing $75.00 Building Permit Valuations 2008-2010 Table 1.3 Permit Valuations 2008 2009 Jan. — April 2010 New Commercial Construction Valuation $2,525,749.00 $0 $0 New Residential Construction Valuation $11,165,780.00 $3,521,000.00 $3,669,614.00 New Residential Permits Issued 15 4 1 TOTAL PERMITS ISSUED 143 60 1 2 Memo Summary: This memorandum is to provide Town Council with an update on the street improvement projects that will be completed in 2010. The Street Improvements projects that will be completed and their descriptions are: Section 1- Town Hall West Parking and Police Parking - Mill and prepare asphalt surface for 2- inch asphalt overlay matching existing concrete curb and gutter surfaces, replacement of concrete sidewalk, and installation of ADA curb ramps. Selected areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back w /asphalt prior to 2 -inch asphalt overlay. Parking areas will be striped to match existing conditions Section 2 - East Benchmark Crosswalk — Remove and replace two concrete crosswalks and their interlocking pavers, and remove and replace four existing concrete curb ramps and associated concrete curb and gutter. Selected adjacent areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back w /asphalt. Staff will work with local businesses to mitigate traffic impacts. Section 3 — Bridge Deck Resurfacing for Buck Creek Road and West Beaver Creek Boulevard - The concrete deck will be sandblasted and cleaned, and a new textured polymer surface will be applied. Section 4 — Nottingham Road Guardrail Replacement — Remove and replace guardrail on Nottingham Road. Discussion: Sections 1 and 2 will be funded from the 2010 Street Improvements project. The award of the contract to complete Sections 1 and 2 is on tonight's Regular Town Council Meeting agenda. These sections were selected for the 2010 project due to their poor condition. Section 3 will be self performed by the Town of Avon Public Works Department. Self performance of the work by town employees will save a significant amount in labor costs. Resurfacing materials were purchased with funds remaining from the 2009 Street Improvements project. Section 4 will be completed by Cruz Construction and is funded by monies carried forward from the 2009 Street Improvements project. rr�als To: Honorable Mayor and Town Council ThRC Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth P.E., Town Engineer' ►y- Shane Pegram P.E., Engineer II Date: April 9, 2010 Re: 2010 Street Improvements — Project Update (Memo Only) Summary: This memorandum is to provide Town Council with an update on the street improvement projects that will be completed in 2010. The Street Improvements projects that will be completed and their descriptions are: Section 1- Town Hall West Parking and Police Parking - Mill and prepare asphalt surface for 2- inch asphalt overlay matching existing concrete curb and gutter surfaces, replacement of concrete sidewalk, and installation of ADA curb ramps. Selected areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back w /asphalt prior to 2 -inch asphalt overlay. Parking areas will be striped to match existing conditions Section 2 - East Benchmark Crosswalk — Remove and replace two concrete crosswalks and their interlocking pavers, and remove and replace four existing concrete curb ramps and associated concrete curb and gutter. Selected adjacent areas of existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate material, and patched back w /asphalt. Staff will work with local businesses to mitigate traffic impacts. Section 3 — Bridge Deck Resurfacing for Buck Creek Road and West Beaver Creek Boulevard - The concrete deck will be sandblasted and cleaned, and a new textured polymer surface will be applied. Section 4 — Nottingham Road Guardrail Replacement — Remove and replace guardrail on Nottingham Road. Discussion: Sections 1 and 2 will be funded from the 2010 Street Improvements project. The award of the contract to complete Sections 1 and 2 is on tonight's Regular Town Council Meeting agenda. These sections were selected for the 2010 project due to their poor condition. Section 3 will be self performed by the Town of Avon Public Works Department. Self performance of the work by town employees will save a significant amount in labor costs. Resurfacing materials were purchased with funds remaining from the 2009 Street Improvements project. Section 4 will be completed by Cruz Construction and is funded by monies carried forward from the 2009 Street Improvements project. 2010 Street Improvements Update April 9, 2010 Page 2 of 2 The following is a tentative schedule for completion of these projects: Section 1 and 2 —Town Hall Parking and East Benchmark Section 3 — Bridge Deck Resurfacing Section 4 — Nottingham Road Guardrail May 17, 2010 —June 4, 2010 June 14, 2010 —June 18, 2010 May 3, 2010 — May 12, 2010 Town Manager Comments: �' ��i 4/`�. ✓�� �% %� _ ,.''�`y�:l/ -� A � /CAL / /�� �� FINANCIAL MATTERS April 27, 2010 1. YTD Building Revenue Report Actual vs Budget - March 2. Detail - Real Estate Transfer Taxes - March 3. Accomodations Tax Worksheet Actual vs Budget - February 4. Sales Tax Worksheet Actual vs Budget - February r l \ N N O O Ln N N N N Q M M O N r M r r r EW 7+ M M IO ID � O; O; OY u w ,1 � 00 0000 0 0 0 ,� rnm o00o m m m W Cl) r r O O O O r r-r > m 0 0 0 a a Q` L Ln Ln dw co r N N N ID ID N H V ri H ri rI rI ri M O N W p7 O O 0 0 0 0 O O O Q W N N C% m O O O ri Ln w N In N N In Ln O W m M OD M H - N Fa O H N N N N d' RC in W r-I O N fn 00 0000 O O a 1f1 W 00 0000 O O o w 0 H N W N U in W a F a o a o zw N oa N n Qv, LnLn 0000 H H �] 0 ui ui 0000 ui Ln Ln ui a W o 0 0 0 0 0 ,-I W aW ww a w w zri) N 3 N a E°• w a w •.� a u a OF 00 0000 0 o O U W 00 0000 o O O U C7 Q O O O O O O O O O a 00 0000 O O O 00 0 0 00 O O O d1 b ui ui ui o o ui Ul F r- r r N N Ul N N N N N ri rl ri i Town of Avon Real Estae Transfer Tax Calendar Year 2010 Purchaser Name Property Amount Received Riverfront PUD Feb -10 Sundial Associates Christie Lodge Timeshare Land Title Guarantee Falcon Pointe 204 -13 Land Title Guarantee Falcon Pointe 208 -24 Quality Timeshare Falcon Pointe 212-6 Land Title Guarantee Falcon Pointe 313 -3 Land Title Guarantee Falcon Pointe 313 -5 Title Company Rockies Mtn. Vista 09 -10 Title Company Rockies Mtn. Vista 10 -10 Title Company Rockies Mtn. Vista 11 -10 Title Company Rockies Mtn. Vista 13 -10 Title Company Rockies Mtn. Vista 112 -10 Michael Manfred Avon Lake Villas L-4 VIP /Beaver Creek LLC Canyon Run D -201 & E Bette E. Todd Canyon Run E -202 Reed, Elizabeth, Joan, Hanlon Mtn. Villa Townhomes B Anthony & Estelle Ressler 2245 Old Trail Road B Dando & Sheryl Dando 3070 Wildridge Rd C Work Family U.S. Real Property Trust Lot 35 Bik 4 WR Ticor Title Ins Riverfront 09 -10 Ticor Title Ins Riverfront 10 -10 Ticor Title Ins Riverfront 11 -10 Ticor Title Ins Riverfront 12 -10 Kathryn L. Leininger Riverfront 149 Janet St. Amand Riverfront 203 Ryan Herman Riverfront 228 Scott Herman Riverfront 237 Denny & Jennifer Fish Riverfront 300 John's & Rhoda Phillips Riverfront 306 JSH Investments CO LLC Riverfront 321 MH Westion CO LLC Riverfront 326 Thomas J. Hyland Riverfront 328 Pablo & Luz Maria Cabrera Riverfront 333 Gavin Smith Riverfront 337 Riverfront Village Hotel LLC Riverfront 347 JWT INC. Retirement Trust Riverfront 421 John & Lisiie Glenn Riverfront 429 Joely Nelson Riverfront 441 East West Resorts LLC Riverfront 449 Rhett & Amy Quist Riverfront 514 Deborah Drachman Riverfront 612 JSH Investments CO LLC Riverfront 622 Total March Revenue Total YTD Revenue Total 2010 Budget The Gates at Beaver Creek 84,891.02 $ 514,961.20 $ - 116.00 40.00 16.00 50.00 110.00 130.00 1,235.90 2,029.00 1,236.95 1,631.00 796.00 5,800.00 10,600.00 12,500.00 6,800.00 5,100.00 10,400.00 12,000.00 5584.90 11472.20 4275.80 17654.90 14640.00 11940.00 4420.00 4290.00 15060.00 22440.00 16140.00 5395.00 4550.00 4550.00 4420.00 6565.00 16440.00 5135.00 5525.00 15540.00 5785.00 5915.00 5915.00 70,590.85 213,652.80 155,481.87 728,614.00 1,000,000.00 1,091,798.00 Variance, Favorable (Unfavorable; $ (844,518.13) $ (363,184.00) $ 0) O O) C O L N CD U E 0 to C O N O CD O O V N 0 �a CA O N r W 111 W 2 Y C I.f. 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C, N o N O Co N MEMORANDUM To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Asst Town Mgr Date: April 22, 2010 Re: Land Development Code Work Session - Topic 2 Development Standards Background As proposed, the Land Development Code includes seven new Development Standards which establish minimum requirements for design and development in the Town. The standards included requirements for Parking, Loading and Access, Mobility and Connectivity, Landscaping, Screening, Walls and Fences, Design, Natural Resource Protection and Sustainability. The Development Standards apply to all new development in all zone districts. The Development Standards can be found in the Part 2 of the draft Code, pgs 4 - 66 and pgs 110-115. To encourage creative and unique design an "Alternative Equivalent Compliance" process has also been included in the Code, which allows a developer to propose an alternative design that does not strictly adhere to the standards. This memorandum provides a summary of the Development Standards and the Alternative Equivalent Compliance process. Areas highlighted in RED indicate issues that require policy direction from the Council and PZC. Code Diagnosis Currently, the Town's zoning ordinance has limited baseline development standards with mandatory applicability. The Town has addressed many basic provisions found in almost all modern zoning codes, such as site layout, fencing requirements, and landscaping, but only in the non - binding Design Guidelines. In practice this has resulted in a somewhat uneven application of standards and limited enforcement ability when projects deviate from the guidelines. In addition, the Avon Comprehensive Plan identifies a range of topics and issues of importance to the town that are not addressed in the existing code or guidelines, including sustainability related concerns such as erosion and steep slope stability, water quality and energy efficiency. During the diagnosis process Avon stakeholders expressed desire for a more robust set of standards along with sufficient room for flexibility and creativity in the development proposals. Proposed Development Standards 1. Parking, Loading and Access • The off - street parking requirements have not changed, however, there the maximum number of parking spaces permitted on a commercial or industrial site is limited to no more than 125% of the required parking. • A reduction in parking space size for compact cars has been eliminated, as well as a 15% reduction for single use projects such as a big -box or grocery store. • Vehicle staking requirements for drive - through facilities such as restaurants and banks has been added. • Driveways design for lots with slopes greater than 30% has been added to ensure that driveways follow natural contour lines and result in minimum disturbance to the site. • Shared parking requirements and the payment -in -lieu program are still contained in the Code, although as discussed in earlier work sessions, the payment in lieu program requirements will need to be adjusted to ensure that the program produces the desired results. • Bike facility requirements have been added to encourage bike travel throughout the Town. • Design and maintenance requirements have been added and snow storage and removal requirements have been consolidated into this section of the Code. 2. Mobility and Connectivity This is a new development standard intended to support alternative transportation modes and improve pedestrian connectivity consistent with the Comprehensive Transportation Plan. Standards include: • Minimum sidewalk requirements (design and location). • Bicycle and pedestrian connection requirements to parks, transit, and shopping areas for new residential subdivisions. • Requirements for weather protecting pedestrian areas; and • Connectivity requirements to public right -of -way. 3. Landscape, Screening, Walls and Fences • Landscape standards have been added which require new developments to include specific quantities of planted landscape materials, including parking lot landscaping (interior and perimeter). The preferred landscape material list has not changed and continues to include drought - tolerate materials. • Screening standards are also new to the Code and require certain site features to be screened from public view with landscaping, fences or walls. Site features which must be screened include mechanical equipments, outdoor storage and loading areas and dumpsters. • Standards related to retaining walls and fences have been expanded to include height limitations, material standards and compatibility requirements. 4. Design Standards The design standards are intended to improve the appearance and function of new development in the Town of Avon. The standards are based on the policies and recommendations of the Comprehensive Plan and the East and West Town Center District Investment Plans. The standards apply to residential, commercial and industrial development and prescribe requirements for architecture, site design, building orientation, colors and materials. The design standards are intended to replace the Residential, Commercial and Industrial Design Guidelines. Key elements of the design standards include: • Residential Districts Architectural design and placement standards are required for single family, duplex, multi - family and townhome units. New buildings must be orient 2 onto the street, maintain or create enhanced streetscape and pedestrian qualities, and reduce visual impact of parking lots, garages and storage areas. Commercial Districts Architectural design and placement standards are required for commercial and industrial structures. This includes special standards to ensure compatibility between non - residential uses in or adjacent to residential uses or zones and pedestrian amenities. The preferred architectural design reflects the recommendations in the Town's district planning documents. Design techniques addressed in the standards include building modulation, variation in roof pitch, recessed and covered entries, porches, natural building materials and color schemes. Do the design standards support the desired design and development patterns as articulated in the Comprehensive Plan and the East and West Town Center Investment Plans? 5. Natural Resource Protection New standards have been added to regulate development in locations where certain natural resources or hazards exist. The regulations include standards for: • Steep Slopes; • Streams, Rivers, Water bodies and Wetlands; • Erosion Prevention and Sediment Controls; • Tree and Vegetation Preservation; • Wildlife Habitat; • Wildlife Areas; • Geological Hazard Areas; and • Alternative Energy System Standards (Solar, Wind) 6. Sustainability New standards were added to promote sustainable development by establishing a minimum sustainability index score for new development. All new development must meet or exceed the minimum index score, which varies depending on the type development application submitted. Under this provision new development applications would be required to include least four different sustainable development features in the design of the project with a minimum point score. Recommended sustainable development features are listed in Table 16.06 of the draft Code (Part 2 pgs 111 -115), with corresponding index scores. The Zoning Advisory Committee (ZAC) found that the concept of a sustainable index score was desirable but the menu of sustainable design features included too many building code requirements and therefore should not be considered during the zoning phase of development. ZAC also noted that many of the features listed are already mandatory requirements for construction in the Town and therefore should not be included in the menu of choices. Solar orientation was identified as being the one sustainable design feature that should remain in the zoning code. Staff agrees with ZAC comments and requests direction as to whether the index score requirement should remain in the Code with a different menu of choices or should the scoring provision be eliminate altogether? 7. Alternative Equivalent Compliance Alternative Equivalent Compliance (AEC) allows a developer to propose an alternative design solution that does not strictly adhere to certain Development Standards. It is not intended to allow a waiver of the requirements. Rather, it permits a site - specific plan that is equal to or 3 better than the strict application of the standards. The Development Standards eligible for AEC are: 1) Mobility and Connectivity, 2) Landscaping, Screening, Walls and Fences, 3) Design and 4) Sustainability. AEC proposals are reviewed by the Planning Director and decided by PZC, except in the Town Core where Town Council will have final approval of the application. Alternative compliance may be approved only if the applicant demonstrates that the proposed alternative achieves the intent of the standard in the same or better degree then the subject standard. Does the AEC process provide sufficient flexibility to ensure that creative design proposals can be accommodated within the framework of the standards? Alternative Equivalent Compliance Application Review Process Minor Major Major Development Plan Development Plan Development Plan in Town Core Director Director Director Review Review Review PZC PZC PZC Decision Decision Recommendation TC Decision 2