TC Council Packet 10-26-2010TOWN OF AVON, COLORADO
WY OWN
AVON REGULAR MEETING FOR TUESDAY, OCTOBER 26, 2010
[ O l n A B
MEETING BEGINS AT 5:30 PM
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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. COMMUNITY & CITIZEN INPUT
5. CONSENT AGENDA
a. Minutes from September 28 and October 12, 2010
b. Community Heat Recovery Project Change Order 02 with GE Johnson Construction Company
(Jeff Schneider, Project Engineer)
6. NEW BUSINESS
a. Appeal Letter from AAA Boot Services (Nick Antuna) on the Revised Rules & Regulations
Governing Parking Enforcement and Towing Companies established by the Avon Police Chief
(Bob Ticer, Police Chief)
b. Swift Gulch Project: Grant Update and Action Items (Jenny Strehler) Review Swift Gulch grant
funding and related process and activities
7. ORDINANCES
a. Public Hearing on Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance
Adopting Local Designation of Noxious Weeds (Jenny Strehler, Director PW &T) Review proposed
ordinance that allows for 30 day public notice period as well as amends the list to include several weeds
designated by the State of Colorado for control or eradication / The Ordinance was continued from
October 12, 2010 meeting
b. Public Hearing on Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance
Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code;
Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2:
Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil,
Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission
Public Hearings held on July 27. 2010, August 10, 2010, August 17, 2010, August 24, 2010, August
31, 2010, September 28, 2010, October 12, 2010
Avon Council Meeting. 10.10.26
Page 3 of 4
TOWN OF AVON, COLORADO
"N
rAVON
REGULAR MEETING FOR TUESDAY, OCTOBER 26, 2010
c'a e. o 'tin
MEETING BEGINS AT 5:30 PM
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AVON TOWN HALL, ONE LAKE STREET
H. TOWN MANAGER REPORT
9. TOWN ATTORNEY REPORT
10. MAYOR REPORT
11. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS:
NOVEMBER 9T": Public Hearing on Budget, Chateau St. Claire PUD Amendment
NOVEMBER 23RD:Adopt 2011 Budget, Swear in Newly Elected Council Members, Reception for Outgoing Council
Members
Avon Council Meeting.10.10.26
Page 4 of 4
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: October 20, 2010
Re: Community Heat Recovery Project Change Order 02
Summary: This memorandum is to request that the Council approve Change Order 02 to the
construction contract for the Avon Community Heat Recovery Project to GE Johnson Construction
Company ( GEJCC). Change Order 02 will increase the construction contract by $37,999 from
$3,738,639 to $3,776,638. Change Order 02 consists of eleven changes to the base construction
contract, including deductive value engineering items, a change in pipe material at the effluent lift
station site, various additional work items based on unforeseen subsurface conditions, and some
adjustments based on errors in Change Order 01. Staff recommends approval of Change Order 02
for the Avon Community Heat Recovery Project.
Previous Council Action:
• April 28, 2009: Town Council approved the grant agreement with DOLA
• May 26, 2009: The intergovernmental agreement between ERWSD and Town of Avon
(TOA) was approved
• June 23, 2009: The Design Services Contract was awarded to Camp, Dresser, and McKee,
Inc. (CDM)
• November 24, 2009: Adoption of 2010 Town of Avon Capital Improvements Program
budget
• April 13, 2010: Base construction bid awarded to GEJCC
• July 13, 2010: Change Order 01 to the Construction Contract approved by Town Council
Discussion: The Avon Community Heat Recovery project is nearly complete, with both the Heat
Pump Building and Heat Distribution Building fully constructed. All underground installation work is
complete and paving, landscaping, and surface restoration is underway. The only remaining items
to be completed are interior electrical, mechanical, and instrumentation /control installations and
startup and testing.
Eleven items comprise Change Order 02, which is attached as Exhibit A. Those items, along with a
brief description, are shown below:
1. Value Engineering item related to a change in roofing material at the Heat
Distribution Building, credit of $12,039.
2. Credit related to a plan revision at the effluent lift station, removing three feet of
concrete manhole structure, credit of $1,919.
3. Changing the piping material from drainage sewer pipe to C905 pressure -rated 24"
diameter pipe at the effluent lift station, cost of $6,886.
4. Correction of an error in Change Order 01 requiring cost adjustment, cost of $3,000
Community Heat Recovery Project Change Order 02
October 20, 2010
Page 2 of 3
5. Additional work items related to unforeseen subsurface conditions, requiring
fabrication and installation of additional custom 23.6 degree elbows and additional
demolition, excavation, and replacement, cost of $11,924.
6. Additional work due to unforeseen storm sewer infrastructure requiring repair and
time delay, cost of $3,342.
7. Installation of an additional 24" diameter 45 degree elbow at the lift station due to a
conflict with the existing sand -oil separator vault, cost of $5,924.
8. Additional work due to unforeseen buried concrete structure, cost of $6,025.
9. Additional work to re- establish the drainage system in the soccer field, cost of
$15,465.
10. Repeal of a previously approved item under Change Order 01. A portion of Change
Order 01 included additional funds for 24" buried cast -iron mechanical joint butterfly
valves. Further investigation revealed that this item should have been included in the
original scope. This item has a credit of $6,140.
11. Additional work to add approximately 90 linear feet of sidewalk along Benchmark
Road to improve pedestrian circulation.
The total amount of Change Order 02 is $37,999. All of the items are typical of most projects and
easily absorbed in the project contingencies. Since underground work has been completed, the
chance for unforeseen subsurface conditions and related construction costs is negligible and no
items are currently outstanding. In addition, Staff recommends the addition of two days to the
duration of the construction contract to account for lost time in dealing with numerous unforeseen
circumstances since the project began. The additional days will revise the final completion date from
January 19, 2011 to January 21, 2011.
Financial Implications: The 2010 CIP budget includes $3,794,206 for construction of the Heat
Recovery Project. The current construction budget is shown in Table 1 below. Table 2 shows the
revised construction budget including Change Order 02. Note that Change Order 02 fits within the
existing project contingency.
Table 1: Current Heat Recovery Construction Budget
Line Item Amount
Construction Contract $ 3,738,639
Testing/Administration $ 10,000
Contingencies $ 45,567
Totals $ 3,794,206
• Page 2
Community Heat Recovery Project Change Order 02
October 20, 2010
Page 3 of 3
Table 2: Revised Heat Recovery Construction Budget
Line Item Amount
Construction Contract $ 3,755,642
Testing/Administration $ 10,000
Contingencies $ 7,568
Totals $ 3,794,206
Attachments:
Exhibit A — Change Order 02
Town Manager Comments:
�2
• Page 3
Town of Avon
Heat Recovery Project
CHANGE ORDER
No. 02
PROJECT: Avon Community Heat Recovery DATE OF ISSUANCE:
Project October 26, 2010
OWNER: Town of Avon
PO Box 975
Avon, CO 81620
EXHIBIT A
CONTRACTOR: GE Johnson Construction
Company
25 North Cascade Avenue, Suite 400
Colorado Springs, CO 80903
OWNER's Project No. CIP 41003
The following changes are hereby made to the Contract Documents:
Description:
Eleven items comprise this change order: Credit for Heat Distribution Roofing material value
engineering; credit for a change in manhole depth and size at the effluent lift station; additional
cost to switch piping material from gravi1y to pressure -rated C905; correction of a math error in
Change Order 1 requiring adjustment; additional work related to unforeseen subsurface
conditions requiring additional pipe fittings and site work; additional work due to unforeseen
storm drainage conflict; additional pipe fitting required at the effluent lift station due to
unforeseen subsurface conflict; additional work due to unforeseen buried concrete; additional
work to replace the drainage system for the athletic field; repeal of Item 4, Change Order 1, for
24 -inch diameter butterfly valves; and addition of apyroximately 90 linear feet of concrete
sidewalk. This change order also extends the final completion date two days due to the additional
work required.
Purpose of Change Order:
This change order has multiple purposes: it was a result of value engineering efforts between
Owner, Engineer, and Contractor to reduce project costs, a result of unforeseen site conditions,
plan omissions, correcting mistakes in Change Order 01, and ordering additional work.
Attachments (list documents supporting change):
Item
GEJCC Contract
Description
Amount
No.
Change No.
1
007
Roofing change value engineering credit
($ 12,039)
2
008
Effluent lift station depth decrease credit
($1,919)
3
009 Rev. 2
Cost for changing pipe material to pressure -rated pipe
$ 6,886
at effluent lift station
4
010
Cost for adjustment of math error in Change Order 01
$ 3,000
5
011 Rev. 1
Cost for additional piping and site work related to
$ 11,924
unforeseen subsurface conditions at 13 +90
6
012 Rev. 1
Cost for repair of unforeseen storm sewer pipe at
$ 3,342
12 +75
7
014
Cost for new 24" 45° elbow due to unforeseen
$ 5,924
subsurface conflict
Town of Avon
EXHIBIT A
Heat Recovery Project
Item
GEJCC Contract
Description
Amount
No.
Change No.
8
015
Cost for mitigating conflict with unforeseen buried
$ 6,025
concrete structure at 10 +80
9
016
Cost for re- establishment of soccer field subsurface
$15,465
drainage system
10
017
Credit for repealing Item 4 of Change Order 1 for 24"
($6,140)
buried butterfly valves at effluent lift station
11
018
Cost for adding new sidewalk along Benchmark Road
$ 5,531
south of the Recreation Center to improve pedestrian
circulation
Totals
3$ 7,999
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 3,576,850 Final Acceptance 1/19/2011
dates
Previous Change Orders No. 01 to No. 01 Net change from previous Change Orders
$ 161,789 N/A
days
Contract Price Prior to this Change Order Contract Time Prior to this Change Order
$ 3,738,639
Net increase of this Change Order
$ 37,999
Contract Price with all approved Change Orders
$ 3,776,638
Final Acceptance 1/19/2011
date
Net increase of this Change Order
2
days
Contract Time with all approved Change Orders
Final Acceptance 1/21/2011
date
Town of Avon
Heat Recovery Project
EXHIBIT A
This change order includes not only all direct costs of Contractor such as labor, materials, job overhead,
and profit markup, but also includes any costs for modifications or changes in sequence of work to be
performed, delays, rescheduling, disruptions, extended direct or general overhead, acceleration, material,
or other escalation that includes wages and other impact costs.
APPROVED:
by:
Owner
APPROVED:
by:
Contractor
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Patty McKenny, Asst. Town Manager Management Services
Bob Ticer, Police Chief
Date: October 19, 2010
Re: AAA Boot Letter of Appeal on Revised Rules & Regulations Governing Parking
Enforcement and Towing Companies
Summary:
The Town Council will find attached a red lined copy of revised "Rules & Regulations Governing Parking
Enforcement and Towing Companies as enacted by Police Chief Bob Ticer. One of the licensees, AAA Booting,
has submitted a letter appealing the rules as adopted. The Town Council will be briefed on the matter by
Police Chief Ticer and the applicant Nick Antuna will be present to explain his appeal. The Town Council will
consider the matter and make one of the following determinations:
• Uphold Police Chiefs decision to revise the Rules & Regulations as included in this packet
OR
• Leave Rules & Regulations in original format
OR
• Ask the Police Chief to make further revisions to the Rules & Regulations
Previous Council Action:
✓ Ordinance No. 09 -10 adopted June 23, 2009 creating Chapter 5.12 Vehicle Impoundment
✓ Ordinance No. 10-11 adopted July 27, 2010 amending Chapter 5.12
Background:
The following table outlines the timeline on this matter.
Date Chronological Description
August 2010 Police Chief and Town Clerk met to discuss renewal process for licensing of
booting and towing companies. Discussion resulted in some revisions to the
Rules & Regulations governing these types of businesses as related to the
background investigations on the employees. It was discovered that the
guidelines were written with some definitions that did not include a
background check on "all the employees "of these companies. It was
determined that the language should be inclusive of all the employees in
order to provide for the safety of the public — see red lined copy of Rules &
Regulations for suggested changes.
August 30, 2010 Letter outlining Proposed Changes to the Rules & Regulations was mailed to
the Vehicle Impoundment List of Licensees including AAA Boot Service
September 9, Appeal Letter received from AAA Boot Service
2010
September 10, Public Notice posted per Chapter 5.12.080 (5) Rules and Regulations;
2010 Authority of the Chief
September 16, Letter responding to AAA Boot Services letter dated September 9, 2010
2010
Date Chronological Description
September 30, Effective Date of Rules & Regulations
2010 There were no other comments received on this matter other than those
received from AAA Boot Services
October 5, 2010 Town Clerk had telephone conversation with Nick Antuna who confirmed
that he wanted to move forward with his letter request of an appeal on the
matter to the Town Council
October 26, 2010 Appeal to be heard at Town Council Meeting
Discussion:
The decision to revise the Rules and Regulations is explained by an excerpt from Police Chief Bob Ticer below:
Applicants of Towing Companies and Parking Enforcement Companies licensed to operate by the Town of
Avon are required to submit to a background investigation conducted by the Police Department prior to
receiving their license. The background check on the applicant is to determine whether he or she is a fit
and proper person to conduct or work in the proposed business and not been convicted of theft or
embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to
another person, or a felony; or if the applicant is a corporation, that its officers, directors and principal
stockholders are of good character and of good business repute and have not been convicted of theft or
embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to
another person, or a felony.
Towing and Parking Enforcement Operations often involve more than just an operator when conducting
their duties. Often times, additional employees are necessary to safely and efficiency manage a tow or
boot. These employees may be assistants, spotters, photographers, or general labor. As with the
operator, the additional employees may have contact with the public during towing/booting operations.
The requested rule change requires, not just the operator, but any employee involved in parking
enforcement and towing operation to have a background check conducted by the Police Department
prior to engaging in such operations. These additional background checks are to ensure employees meet
the same character background as the operators, thus ensuring public safety.
Financial Implications:
There are financial implications to the booting and towing company licensees with the following related costs,
total of $84.50 per employee:
Rules and Regulations: Employee Background Check breakdown:
1. The employee will pay for this service in the following manner:
a. Total of $50 in cash or money order made out to the Town of Avon for fingerprinting and
background investigation.
b. $18 money order made out to the Treasury of the United States (fee subject to change).
c. $16.50 money order made out to the Colorado Bureau of Investigations (fee subject to change).
Council Memo: Revised Rules & Regulations
2I;
Town Manager Comments:
Attachments:
A: Chapter 5.12 Vehicle Impoundment
B: Revised Rules & Regulations Governing Parking Enforcement Companies
C: Revised Rules & Regulations Governing Towing Companies
D: Letter from Police Chief dated 8/30/10
E: Appeal Letter from AAA Boot Service dated 9/9/10; follow up phone call on October 5, 2010
F: Letter from Police Chief dated 9/16/10
G: Public Notice Posted for Revised Rules & Regulations
Council Memo: Revised Rules & Regulations
31.
Chapter 5.12 Vehicle In
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5.12.090
5.12.100
5.12.110
5.12.120
5.12.130
5.12.140
TITLE 5
Business Taxes, Licenses and Regulations
ipoundment
Definitions
License — application — fee
License — application — investigation
License — application — decision appeal
License — grounds for denial, suspension or revocation
License — annual renewal fee
License may not be required — emergencies
Rules and regulations
Suspension or revocation — procedure
Written authorization to tow /immobilize required exceptions
Written notice of tow /immobilize -- rates and hours
Post - seizure hearing
Expired license plate
Compliance required
CHAPTER 5.12
Vehicle Impoundment
5.12.010 Definitions.
As used in this Chapter, the following words and terms shall be defined as follows:
Boot or booting means to place any immobilization device upon a motor vehicle not registered to the
person or company placing the immobilization device, for purposes of parking violation enforcement.
Chief means the Chief of Police of the Town or his or her designee or designees.
Operator means any person operating a towing vehicle or applying an immobilization device.
Normal business hours means 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays
recognized by the Town.
Parking enforcement company means any person, operator, property owner, property manager or company
who immobilizes or boots a vehicle for the purpose of enforcing private property parking rules or otherwise
protecting private property from trespass by a vehicle.
Towing list means a list maintained by the Police Department containing the names of those wreckers
licensed by the Town who are to be requested by the Police Department to respond to the scene of accidents or
emergencies involving vehicles.
Towing vehicle means any vehicle used by a wrecker for the towing or transporting of other vehicles (or
other property) in the course of his or her business.
Town Manager means the Town Manager of the Town of Avon and his or her designee or designees.
Wrecker means a person or company engaged in the business of, or offering the services of, a vehicle
wrecker or towing service, whereby motor vehicles are or may be towed or otherwise removed from one (1)
place to another by the use of a motor vehicle adapted to and designed for that purpose. (Ord. 09 -10 §2)
5.12.020 License — application — fee.
(a) No wrecker shall have his or her name included on the towing list of the Town and be requested by the
Police Department to respond to the scene of an accident or emergency for the purpose of towing a vehicle
without first having obtained a license from the Town Clerk.
(b) No parking enforcement company desiring to boot vehicles within the Town may engage in booting
operations without first having obtained a license from the Town Clerk.
(c) Any license application for a wrecker or parking enforcement company, other than a renewal thereof,
shall be accompanied by a nonrefundable application fee in the amount of four hundred dollars ($400.00). All
applications for licenses, including renewal, shall be made upon forms provided by the Town Clerk. The wrecker
or private enforcement company license application fee shall also serve as the business license fee for the Town.
Any wrecker or parking enforcement company that has paid a business license fee and that has been issued a
business license by the Town on or prior to May 1, 2009, which is in good standing and has not expired, shall not
be required to submit a license application fee in order to obtain a license in accordance with the provisions of this
Chapter but shall be subject to the renewal provision set forth herein.
(d) An applicant for a parking enforcement company license that is a corporation, partnership, association,
firm or other business entity shall include verification that the person designated on the application is authorized
to represent such business entity and hold the wrecker or parking enforcement license on behalf of the business
entity. (Ord. 09 -10 §2)
5.12.030 License — application — investigation.
Upon receipt of a license application and application fee under Section 5.12.020 above, the Town Clerk shall
forward the application to the Chief, who shall conduct such investigation and criminal background check as is
necessary to determine:
(1) That the applicant is a fit and proper person to conduct or work in the proposed business and has not
been convicted of theft or embezzlement, any offense involving the unlawful use, taking or conversion of a
vehicle belonging to another person, or a felony; or, if the applicant is a corporation, that its officers, directors
and principal stockholders are of good character and of good business repute and have not been convicted of
theft or embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to
another person, or a felony;
(2) That a wrecker applicant has received and has currently in force a permit to operate as a towing carrier
from the Colorado Public Utilities Commission. The failure of a wrecker to maintain a valid permit from the
Public Utilities Commission shall be grounds for denial of a license or, if a license is in effect at the time, shall
be grounds for revocation or suspension of the license as provided in Section 5.12.090 below;
(3) That the wrecker or parking enforcement company has adequate, safe equipment and an adequate
recordkeeping system and can otherwise comply with the rules and regulations promulgated by the Chief as
provided in Section 5.12.080 below; and
(4) That the wrecker has currently in force public liability and property damage insurance or a surety bond
providing coverage sufficient to meet the requirements of the rules and regulations of the Colorado Public
Utilities Commission governing towing carriers; and that the parking enforcement company has public liability
and property damage insurance or surety bond providing coverage of at least one million dollars
($1,000,000.00) per occurrence. (Ord. 09 -10 §2)
5.12.040 License — application — decision — appeal.
The Chief shall return the application form to the Town Clerk within fifteen (15) days, together with his or her
recommendation for the grant or denial of the license. The Chief shall state the reasons for a recommendation of
denial. The Town Clerk shall then grant or deny the license as the circumstances warrant. The applicant for a
wrecker or parking enforcement company license may appeal a decision by the Town Clerk to deny a license to
the Town Council. A request for appeal shall be provided in writing to the Town Clerk within ten (10) days of the
date of denial of the license application. The Town Council shall consider an appeal of the Town Clerk's decision
to deny a wrecker or parking enforcement company application within thirty-five (35) days of receipt of a proper
and timely written request to appeal a denial decision. The decision of the Town Council shall be final. (Ord. 09-
10 §2)
5.12.050 License — grounds for denial, suspension or revocation.
It shall be grounds for denial, suspension or revocation of a wrecker or parking enforcement company license
for any person to knowingly provide false information to the Town Clerk or to the Chief in or in conjunction with
an application for a license. (Ord. 09 -10 §2)
5.12.060 License — annual renewal fee.
The annual license renewal fee for a wrecker or parking enforcement company shall be one hundred fifty
dollars ($150.00), due upon the anniversary of the date of issuance of the business license for such wrecker or
parking enforcement company. (Ord. 09 -10 §2)
5.12.070 License may not be required — emergencies.
The Chief may permit wreckers not licensed by the Town to be called by the Police Department to the scene of
disasters, accidents or other emergencies when, in the opinion of the Chief, the public health, safety and welfare
require that such action be taken. (Ord. 09 -10 §2)
5.12.080 Rules and regulations.
The Chief shall, within seven (7) days after the enactment of the ordinance codified in this Chapter, set forth in
writing such rules and regulations governing the conduct of wreckers or parking enforcement companies as are
deemed necessary to ensure the inhabitants of and other persons within the Town safe, efficient and dependable
towing or parking enforcement service. These rules shall include, but not be limited to, the following:
(1) Equipment. The Chief shall specify equipment at least the equivalent of that required by the rules and
regulations of the Colorado Public Utilities Commission governing towing carriers for wreckers and such other
necessary equipment as determined by the Chief. Parking enforcement company vehicles are required to be
clearly marked with the business name and Avon license number and must have a blinking amber light on the
top of or above the vehicle when engaged in booting operations, and the operators are required to wear
reflective traffic safety vests.
(2) Records. The Chief shall require sufficient recordkeeping to ensure compliance with the terms of this
Chapter and the rules and regulations as promulgated.
(3) Personnel. The rules shall specify such steps as are necessary to determine that the operators and
employees of the wrecker or parking enforcement company are of good character and otherwise fit to
participate in towing or booting operations within the Town, which shall be determined according to the same
standards for applicants set forth in Section 5.12.030 above. Employees engaged in parking enforcement shall
display a picture identification card containing: the employee's picture, the employee's name, the employer's
name and the Avon business license number.
(4) Rates. Rates shall be determined by the following procedures and requirements:
a. A schedule of reasonable rates to be charged by wreckers operating on the Town's towing list shall
be established by the Town Manager, and it is unlawful for any wrecker to charge rates other than as set
forth in said schedule whenever such wrecker provides towing service in response to a call from the Police
Department. The schedule of rates shall be set forth as a part of the rules and regulations governing
wreckers, provided that such rates shall not be less than the permissible rates published by the Public
Utilities Commission as may be amended from time to time. The Town Manager shall annually review the
rate schedule to determine its adequacy and appropriateness and shall make such changes as he or she
deems necessary. In setting or revising rates, the Town Manager shall give consideration to the rates
charged for similar services in the County. The rate schedule as set forth in the rules and regulations shall
not apply to towing services conducted by a wrecker when his or her services are not rendered as a result of
a request by the Police Department.
b. A wrecker shall not charge rates higher than what is allowed by the Colorado Public Utilities
Commission for nonconsensual tows. A parking enforcement company shall not charge a boot removal fee
higher than seventy -five percent (75 %) of the rate allowed by the Colorado Public Utilities Commission for
the nonconsensual tow of a motor vehicle with a GVWR of less than ten thousand (10,000) pounds when
requested to remove the boot.
c. If the owner, authorized operator or authorized agent of the owner of a motor vehicle that is parked
without the authorization of the property owner attempts to retrieve the motor vehicle while the wrecker or
booting operator is still with the vehicle, a "drop charge" shall not be higher than what is established by the
Colorado Public Utilities Commission.
d. There shall not be any boot removal fee assessed if the boot cannot be removed within ninety (90)
minutes from the time of the request for removal by the vehicle owner or vehicle owner's designee. Any
dispute regarding the time frame proscribed herein may be refuted based on the phone records for the
parking enforcement company. A boot applied at the direction of a Town police officer shall be released at
the direction of a Town police officer.
(5) Authority of Chief. The Chief shall from time to time formulate, publish and promulgate such other
rules and regulations as are reasonably necessary to effectuate the purpose of this Chapter, including but not
limited to the type of security required at the vehicle storage location, the hours during which the vehicle
storage location will be open for the redemption of vehicles by their owners, the persons to whom towed
vehicles may be released and the procedures to be followed in connection with the release of towed vehicles
and the payment of fines, towing fees and storage charges. Any rules and regulations promulgated by the
Chief shall not conflict with or materially change any provision of this Chapter. The Chief may initiate a
request for proposal and select a designated wrecker service or parking enforcement company to provide
service for police- requested impounds. The Chief shall post notice of any proposed rules in the official places
of posting notices adopted by the Town, shall post notice on the Town's website and shall mail notice to all
licensed wrecking and parking enforcement companies at least twenty (20) days prior to adoption of such
proposed rule or regulation by the Chief, and the Chief shall consider all comments received on the proposed
rules and regulations prior to taking any action to adopt the proposed rules and regulations. The Chief shall
provide written notice of adoption of any rules and regulations to all persons who provide comments in
writing, along with a copy of the adopted rules or regulations and a statement that persons with standing
(defined as residents, property owners or business owners in Avon) may appeal the decision to adopt the rule
or regulation to the Town Council. Any person with standing may appeal the decision of the Chief to adopt a
rule or regulation by providing a request to appeal the decision in writing to the Town Clerk within ten (10)
days of the date of adoption of the rule or regulation by the Chief. Failure to provide a request (defined as
received by the Town) to appeal a rule or regulation adopted by the Chief within ten (10) days shall be deemed
a forfeiture and waiver of all rights to appeal such decision to the Town Council. The Town Council shall
consider all appeals of the decision of the Chief to adopt a rule or regulation which are properly and timely
provided to the Town, and the Town Council's action shall be final. During the pendency of an appeal, the
proposed rule or regulation shall not take effect. (Ord. 09 -10 §2)
5.12.090 Suspension or revocation — procedure.
Upon a showing that a wrecker or parking enforcement company has violated the provisions of this Chapter, a
Hearing Officer's order or the rules and regulations provided for in Section 5.12.080 above, the Town Council
may suspend for a period of up to six (6) months or revoke the license of any wrecker or parking enforcement
company. Prior to taking any action to suspend or revoke a wrecker or parking enforcement company license, the
Town shall provide at least ten (10) days' prior written notice to the licensee stating the grounds and allegations
for any action to suspend or revoke a license, and the Town Council shall conduct a hearing thereon. Service of
the notice shall be by personal service upon the wrecker or parking enforcement company or his or her agent or by
certified mail, return receipt requested, sent to the business address of the operator as shown on his or her license.
The decision of the Town Council shall be final. (Ord. 09 -10 §2)
5.12.100 Written authorization to tow /immobilize — required — exceptions.
No wrecker or parking enforcement company licensed by the Town and no operator shall commence or
originate the towing or immobilization of a vehicle within the Town without the written consent of the registered
owner, legal owner, person in control, driver or authorized agent of any of them or other person having a legal
right to possession of the vehicle, or from a police officer, save and except under the following circumstances:
(1) A tow which is otherwise lawful may be commenced or originated by a person engaged in the business
of towing vehicles, provided that such person notifies the Police Department within thirty (30) minutes of the
tow. Such notification shall include a description of the vehicle to be towed, the license plate and VIN number
if legible, the time of the tow, the destination of the tow and the reason for which the vehicle is being towed.
(2) The owner or person in lawful possession of private property, or the agent or employee of either of
them, may give written consent to have a parked vehicle towed from such property when the vehicle is parked
or obstructing a private driveway or is on private property without the express or implied consent of the owner
or person in lawful control of such a vehicle, and shall comply with the requirements of Paragraph (1) above
relating to notification of the Police Department when the vehicle is towed.
(3) The owner or person in lawful possession of private property, or the agent or employee of either of
them, shall give written consent to a parking enforcement company to immobilize vehicles for the purpose of
parking violation enforcement without the express or implied consent of the owner or person in lawful control
of such vehicle. The consent shall list the specific enforcement that is required and the procedure to determine
that a violation has occurred. A copy of the written consent shall be given to the Police Department. Parking
enforcement companies and owners or persons in lawful possession of private property shall not boot or
immobilize vehicles on the basis of expired license plates. The parking enforcement company operator shall
maintain a daily log of the cars that are booted by license plate, VIN number if legible, location, date and time
and provide that log to the Police Department before the end of the business day following immobilization of a
vehicle during normal business hours.
(4) Private parking lots which contain one (1) or more parking spaces and for which the property owner or
designees use booting or towing of vehicles for parking enforcement shall post a conspicuous sign on the
property. Such sign will provide notice, with reflective background, that unauthorized vehicles will be booted
or towed, and shall comply with the adopted rules and regulations for signage. (Ord. 09 -10 §2)
5.12.110 Written notice of tow /immobilize — rates and hours.
(a) Notwithstanding any other provision of this Chapter, a licensed wrecker shall receive a written
authorization from the person authorizing a tow prior to the commencement of a tow originating within the Town,
which authorization shall list the services offered and the rates and charges required therefor. A copy of such
authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and
telephone number of the wrecker's business and the days and hours the business is open for the release of
vehicles. Such copy shall also be signed by the towing vehicle operator performing the authorized service.
(b) After a boot is placed on any vehicle, the parking enforcement company shall:
(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name,
address, telephone number and license number of the parking enforcement company that placed the boot on
the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes
of contacting the parking enforcement company, the name of the property owner or manager authorizing the
boot, the signature of the parking enforcement company operator or designee, and a description of the right to
request a post - seizure hearing under this Chapter;
(2) Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver upon
the payment of any boot removal fee during such times as required in this Chapter; and
(3) Provide a receipt upon payment to the individual making the payment for removal of the boot or
release of the vehicle, listing the fees and advisement of the right to request a post - seizure hearing for vehicle
immobilization per Section 5.12.120 below.
(c) A parking enforcement company or wrecker shall not charge fees in excess of the fees as listed in the fee
schedule for booting or towing a vehicle.
(d) A parking enforcement company or wrecker shall not charge any fee related to the impoundment of a
vehicle that is not listed in the fee schedule.
(e) Charges for damages to booting equipment shall not be governed by this Section and shall not prevent the
vehicle's release if scheduled fees are satisfied. Damages or loss to parking enforcement equipment will be
investigated using other municipal and state statutes related to theft or criminal injury to property.
(f) The Town is authorized to audit the fees charged by a parking enforcement company or wrecker licensed
to do business in the Town upon reasonable notice and at reasonable times for the purpose of verifying
compliance with this Chapter. (Ord. 09 -10 §2)
5.12.120 Post - seizure hearing.
(a) The owner of a vehicle that has been immobilized pursuant to this Chapter has a right to a "post- seizure"
administrative hearing in accordance with this Section to determine whether there was probable cause to impound
the vehicle.
(1) The hearing shall be petitioned and conducted in the same manner as outlined in Title 10 of this Code.
(2) The parking enforcement company shall have the burden to establish that there was probable cause to
impound or immobilize the vehicle.
(3) The losing party shall be assessed a minimum hearing cost of one hundred dollars ($100.00) and shall
be required to pay for translation services, if used during the hearing. The Hearing Officer has the discretion
to waive court costs.
(b) When a vehicle is immobilized by a parking enforcement company, the vehicle owner or driver shall be
informed of his or her right to a post - seizure hearing with the following written statement:
"The vehicle was booted by the property owner for a private property parking violation as outlined in Avon
Municipal Code, Title 5. The Town of Avon was not involved in the action. The owner or operator of the
vehicle may request a hearing by one of the following methods:
"(1) By providing a written request to the Municipal Court Clerk for a post - seizure hearing to contest
the booting within ten (10) days of the date the vehicle was booted; or
"(2) By appearing in person at the Municipal Court within a ten - calendar -day period from the date on
which the boot was placed on the vehicle and requesting an initial appearance before a Hearing Officer."
(Ord. 09 -10 §2)
5.12.130 Expired license plate.
It shall be unlawful for a parking enforcement company to boot or immobilize a vehicle on the basis of an
expired license plate. (Ord. 09 -10 §2)
5.12.140 Compliance required.
It shall be unlawful for any private property owner or designee to immobilize any motor vehicle that is
trespassing or infringing upon the real property rights of that property owner without complying with this Chapter
and, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished in accordance with the
provisions of Section 1.08.010 of this Code. (Ord. 09 -10 §2)
RULES AND REGULATIONS GOVERNING PARKING ENFORCEMENT COMPANIES
TOWN OF AVON MUNICIPAL CODE, CHAPTER 5.12
ORIGINALLYADOPTED JUNE 23, 2009
REVISED AND EFFECTIVE SEPTEMBER 30, 2010
PERSONNEL:
1. The Licensee and any employees of the parking enforcement company, who will
immobilize vehicles or collect impound fees shall read Chapter 5.12 of the Avon
Municipal Code and associated rules and agree to abide by the ordinance. These
employees A'x'41l he r- fe�ed-to ag"operwars"
2. Within Three (3) days of hiring a new operator or employee the Licensee shall require the
employee to appear at the Avon Police Department to complete the Vehicle
Impoundment Employee Background Form.
a. The employee shall provide a valid U.S. government or state issued identification
card with a picture.
b. A valid Colorado driver's license shall be required if the operator will be required
to drive a vehicle.
c. The employee will pay for this service in the following manner:
i. Total of $50 in cash or money order made out to the Town of Avon for
fingerprinting and background investigation.
ii. $18 money order made out to the Treasury of the United States (fee
subject to change).
iii. $16.50 money order made out to the Colorado Bureau of Investigations
(fee subject to change).
d. The Avon Police will complete the preliminary background check and forward a
copy of the form to the Licensee within five (5) days. The form will either
approve or deny the employee as an eperatar. The complete fingerprint results
will be completed within sixty (60) days and the Licensee will be notified if a
change is required, based on the fingerprint results.
e. The licensee may appeal the decision in the same manner as outlined in Section
5.12.040 of the Municipal Code.
3. If the Licensee has knowledge that an operator or employee has been convicted of a
felony, theft, embezzlement or any offense involving the unlawful use, taking or
conversion of a vehicle belonging to another person, the person shall immediately be
removed from epenAer- duties.
4. The Licensee shall notify the Avon Police Department within five (5) days the name of
the operator or employee, who is no longer acting in that capacity.
5. Operators or employees, engaged in parking enforcement, shall display a picture
identification card containing: the employee's picture, the employee name, the
employer's name, and the Avon business license number.
6. Operators shall not use or display dogs or weapons in a threatening or intimidating
manner.
7. Before the operator or employee is allowed to engage in solo parking enforcement he or
she must complete "basic" training by the Licensee that includes (Licensees shall be
familiar with these issues):
a. Review of ordinance and rules associated with Chapter 5.12
b. Discussion of other legal and civil issues related to use of force.
c. Methods to defuse hostile confrontations, which may include walking away from
the situation and calling the police.
d. Court hearing process and rights of the vehicle owner or property owner.
e. Copy of written consent from property managers outlining the allowable
enforcement on their property.
8. The licensee,, ai operators, and employees shall report to the Avon Police Department
within thirty (30) days of their one year anniversary date as listed on the Vehicle
Impoundment Employee Background Form or last CBI Public Request for Arrest
Information Form to complete a new CBI Public Request for Arrest Information Form.
a. The employee shall bring a money order for $13.00 made out to the Colorado
Bureau of Investigations (fee subject to change).
RECORDS:
1. The parking enforcement company shall affix a notice to a vehicle that has been
immobilized as specified in Section 5.12.110. The notice shall contain the name, address,
telephone number and license number of the company. It shall also contain the removal
fee and right to request a post - seizure hearing and have the boot removed within ninety
(90) minutes of contacting the company. The notice shall also list the owner or manager
authorizing the boot and signature of the operator.
2. A receipt shall be given to the individual making payment for the boot removal. The
receipt shall list the fees collected and advisement of the right to request a post - seizure
hearing.
3. The parking enforcement company shall keep a copy of the receipt for one year (this only
fulfills the requirement of these rules. Other laws may require maintenance of records for
a longer period).
a. The company may use a triplicate form to meet the above rules. An example of
an acceptable form is attached and may be requested in an electronic format.
4. The operator shall maintain a daily log of the vehicles that are booted and provide that
log to the Avon Police Department before the end of the business day following
immobilization of a vehicle. The company shall maintain a copy of the logs for one year.
An example of an acceptable form is attached and may be requested in an electronic
format.
5. The Licensee shall maintain an employee file for each operator and employee for the
term of employment or until one year has passed from separation for the purpose of
verifying compliance with these rules (other laws may require employee files to be
maintained longer). The file shall contain:
a. Copy of the Vehicle Impoundment Employee Background Form.
b. Proof of "basic" training completed by the licensee.
c. Court subpoenas related to vehicle impoundment cases.
6. The owner or person in lawful possession of private property, or the agent or employee of
either of them, shall give written consent to the parking enforcement company to
immobilize vehicles for the purpose of parking violation enforcement and this shall be
maintained by the Licensee. The consent shall include:
a. List the specific violations the operator is permitted to immobilize a vehicle for.
b. The method to verify and confirm that a violation took place.
c. Hours of the day that enforcement is permitted.
d. Example of valid permits (if used).
e. Method to contact the property manager 24 hours a day to confirm enforcement
during disputes.
EQUIPMENT:
1. Vehicles shall be clearly marked with the business name and Avon license number and
must have a blinking amber light on the top of or above the vehicle when engaged in
booting operations and operators are required to wear reflective traffic safety vests.
2. The Licensee shall maintain an inventory of boots with their serial numbers.
3. The boots shall be marked with the business name.
OPERATIONS:
1. Vehicles may not be immobilized for license plate violations.
2. Government or emergency vehicles shall not be immobilized. If an undercover police
vehicle is immobilized it shall be released once identified as such.
3. Vehicles shall only be immobilized in accordance with the consent authorization as
specified by the property manger.
SIGNAGE:
1. The attached rules governing the use of signs as approved by the Community
Development Department shall be adhered to.
2. Damaged or faded signs shall be replaced in a reasonable time period.
RULES AND REGULATIONS GOVERNING TOWING COMPANIES
TOWN OF AVON MUNICIPAL CODE, CHAPTER 5.12
ORIGINALLYADOPTED JUNE 23, 2009
REVISED AND EFFECTIVE SEPTEMBER 30, 2010
PERSONNEL:
1. The Licensee and any employees, who will tow /impound vehicles at the direction of the
Avon Police Department shall read Chapter 5.12 of the Avon Municipal Code and
associated rules and agree to abide by the ordinance. These efnpiay .es w =11 be ref ,...e to
as "aperaters ".
2. Operators and employees shall provide good treatment to the public and prompt response
to calls for service.
3. Within Three (3) days of hiring a new operator-employee the Licensee shall require the
employee to appear at the Avon Police Department to complete the Vehicle
Impoundment Employee Background Form.
a. The employee shall provide a valid U.S. government or state issued identification
card with a picture.
b. A valid Colorado driver's license of the proper class shall be required if the
operator will be required to drive a tow truck.
c. The employee will pay for this service in the following manner:
i. Total of $50 in cash or money order made out to the Town of Avon for
fingerprinting and background investigation.
ii. $18 money order made out to the Treasury of the United States (fee
subject to change).
iii. $16.50 money order made out to the Colorado Bureau of Investigations
(fee subject to change).
d. The Avon Police will complete the preliminary background check and forward a
copy of the form to the Licensee within five (5) days. The form will either
approve or deny the employee as an @per-at . The complete fingerprint results
will be completed within sixty (60) days and the Licensee will be notified if a
change is required, based on the fingerprint results.
e. The licensee may appeal the decision in the same manner as outlined in Section
5.12.040 of the Municipal Code.
4. If the Licensee has knowledge that an operator or employee has been convicted of a
felony, theft, embezzlement or any offense involving the unlawful use, taking or
conversion of a vehicle belonging to another person, the person shall immediately be
removed from opetutetduties.
5. The Licensee shall notify the Avon Police Department within five (5) days the name of
the operator or em lovee, who is no longer acting in that capacity.
6. The licenseeia operators, and employees shall report to the Avon Police Department
within thirty (30) days of their one year anniversary date as listed on the Vehicle
Impoundment Employee Background Form or last CBI Public Request for Arrest
Information Form to complete a new CBI Public Request for Arrest Information Form.
b. The employee shall bring a money order for $13.00 made out to the Colorado
Bureau of Investigations (fee subject to change).
RECORDS:
1. The Tow Company shall maintain a copy of the Avon Police Vehicle Impound/Recovery
Report for a period of one year.
a. The name, address and phone number of the person who the vehicle was released
to will be documented on the form.
i. The company shall verify that the person is entitled to the vehicle.
ii. The person should have a current registration, driver's license and
certificate of insurance prior to release.
1. If the vehicle is towed from the premises a current registration and
certificate of insurance is not required.
iii. The Company will ensure all holds placed on the impounded vehicle are
cancelled by the Avon Police Department prior to release of the vehicle.
b. If the vehicle was entered into CCIC, the Police Department shall be notified
when the vehicle was released so it may be removed from CCIC.
2. A receipt shall be given to the individual making payment for the release of the vehicle.
The receipt shall list the fees collected. The company shall keep a copy of the receipt for
one year (this only fulfills the requirement of these rules. Other laws may require
maintenance of records for a longer period).
3. A list of fees for towing service will be provided to the Town of Avon at the time of
application or renewal or upon request.
4. Fees shall not be higher than what is allowed by the Colorado Public Utilities
Commission.
5. The Licensee shall maintain an employee file for each operator for the term of
employment or until one year has passed from separation for the purpose of verifying
compliance with these rules and shall contain a copy of the background investigation
form.
EQUIPMENT:
1. Trucks shall have equipment specified by the Public Utilities Commission, which shall
include:
a. Broom, shovel and bucket to removed Debris from the roadway at a crash scene
b. Oil absorbing materials
c. Properly working emergency lights
d. Spot light behind the cab
e. Electric flashlight
f. Fire extinguisher
g. Portable tail /stop and turn lights
h. Wheel chocks /dead -man blocks
i. Flares and safety triangles
j. Webbing and strapping
2. Trucks are subject to police inspection at a vehicle crash scene once the scene is safe.
3. Operators shall wear reflective traffic safety vests.
OPERATIONS:
1. Operators and employees shall follow the reasonable directions of a police officer or
firefighter at the scene of a crash.
2. Operators may request police assistance for traffic control if required to be in the
roadway.
3. As outlined in Colorado Revised Statutes, the operator will remove debris from the
roadway.
4. Operators shall verify the inventory /damage listed on the Avon Police Department
Vehicle Impound/Recovery Report when taking possession of the vehicle.
a. The same information shall be verified when releasing the vehicle.
4. The company assumes full responsibility and liability for all property entrusted to it,
including all property and equipment thereof.
IMPOUND:
1. The storage area shall be fenced with security precautions sufficient to protect any
vehicles or property contained therein.
a. Person claiming their vehicles should be able to do so during reasonable hours in
compliance with PUC rules, and the hours of operation shall be posted at the
designated storage area.
b. The company's designated storage area shall have signs clearly identifying the
Company including a twenty -four hour contact number.
2. The Police Department shall be contacted if any items of illegal contraband are found in
an impounded vehicle or if there is an allegation of property loss or damage.
3. Non - consensual impounds shall follow PUC rules and vehicle information shall be
reported to the Vail Police Dispatch within 30 minutes of the seizure.
Name of Parking Enforcement Company
Address
24 Hour Phone Number:
Avon Business License #:
Vehicle Type/Description:
Vehicle License Plate/State:
Property Name/Location:
Property Owner /Agent Authorizing:
Date/Time of Immobilization:
Signature of Booting Operator:
Violation Type:
Boot #:
This vehicle was immobilized (booted) by the property owner for a private property parking
violation as outlined in Avon Municipal Code, Title 5. The Town of Avon was not involved in
the action. The owner or operator of the vehicle may request a hearing by one of the following
methods:
(1) by providing a written request to the Avon Municipal Court Clerk for a post -
seizure hearing to contest the booting within ten (10) calendar days of the date the
vehicle was booted; or
(2) by appearing in person at the Avon Municipal Court within a ten (10) calendar
day period from the date on which the boot was placed on the vehicle and
requesting an initial appearance before a Hearing Officer.
If a hearing is requested, the losing party shall be assessed a minimum hearing cost of one
hundred dollars ($100.00) and shall be required to pay for translation services, if used during the
hearing. The Hearing Officer has the discretion to waive court costs.
The Boot may be removed by calling the 24 hour phone number above. Do not attempt to
move this vehicle or remove the tire lock. Doing so will cause damage and the violator is
liable for damage.
The boot removal fee of $ shall be paid in cash at the time of boot
removal. The boot shall be removed within ninety (90) minutes of contacting the parking
enforcement company.
Date/rime of Boot Removal:
Removal Fee Collected:
Signature of Vehicle Owner /Operator (NOT REQUIRED):
Signature of Booting Operator:
Booting Operator Notes:
White — Company Blue — Receipt to Vehicle Owner Yellow — Vehicle
Name of Parking Enforcement Company
Address
24 Hour Phone Number:
Vehicle Immobilization Lo
Date Time Location Plate# /State VIN
White — Company Yellow — Avon PD
Town of Avon
Vehicle Impoundment Employee Background Form
Within three (3) days of hiring a new operator or employee, the Licensee shall require the employee to appear at the
Avon Police Department to complete a background check. The employee shall provide:
1. A valid U.S. government or state issued identification card with a picture.
2. A valid Colorado driver's license, if the employee will be required to drive.
3. Total of $50 in cash or money order made out to the Town of Avon
4. $18 money order made out to the Treasury of the United States
5. $16.50 money order made out to the Colorado Bureau of Investigations
Employee Last Name:
First Name:
Middle Name:
Date of Birth:
I.D. Type/Number:
Social Security Number:
DL Number:
Address:
PO Box:
City/Zip:
Phone #:
Company Name:
I authorize the Avon Police Department to complete my background check for the purpose of
verifying compliance with Chapter 5.12 of the Municipal Code. I have not been convicted of a
felony, theft, embezzlement or any offense involving the unlawful use, taking or conversion of a
vehicle belonging to another person.
Employee Signature: Date:
APD Use
❑ Local Records Check Completed By: Date:
❑ FBI fingerprint results Obtained By: Date:
❑ CBI Fingerprint Results Obtained By: Date:
❑ The employee has been approved to operate in accordance with the provisions of Chapter
5.12 of the Municipal Code. However, this status may change if further information, such as
fingerprint results, is received at a later date that would cause a denial.
❑ The employee has been denied authorization to immobilize or tow vehicles within Avon.
The employee may come to Avon PD to request the reason and appeal the decision.
APD Vehicle Impoundment Coordinator: Date (Anniversary):
(Employee is required to appear at Avon PD within 30 days of one year from the anniversary date to complete an
annual records clearance to assure compliance with Chapter 5.12)
August 30, 2010
Mr. Nick Antuna
AAA Boot Service
PO Box 1212
Avon, CO 81620
Dear Mr. Antuna,
Please find attached a copy of proposed changes to the Rules and Regulations Governing Parking
Enforcement/Towing Companies, Town of Avon Municipal Code, Chapter 5.12. This rule
change is set to go into effect September 30, 2010. The change requires, not just the operator, but
any employee involved in parking enforcement and towing operations to have a background
check conducted by the Avon Police Department prior to engaging in such operations.
Secondly, the operator, and any employees involved in the operations shall submit to and have a
background check conducted by the Avon Police Department within 30 days of their one year
anniversary date as listed on the Vehicle Impoundment Employee Background Form or last CBI
Public Request for Arrest Information Form.
These changes will go into effect for your company upon hiring new employees and during your
annual renewal process.
As outlined in Avon Town Ordinance 5.12.080 (5):
"Any person with standing may appeal the decision of the Chief to adopt a rule or regulation by
providing a request to appeal the decision in writing to the Town Clerk within ten (10) days of the
date of adoption of the rule or regulation by the Chief. Failure to provide a request (defined as
received by the Town) to appeal a rule or regulation adopted by the Chief within ten (10) days
shall be deemed a forfeiture and waiver of all rights to appeal such decision to the Town Council.
The Town Council shall consider all appeals of the decision of the Chief to adopt a rule or
regulation which are properly and timely provided to the Town, and the Town Council's action
shall be final. During the pendency of an appeal, the proposed rule or regulation shall not take
effect. (Ord. 09 -10 §2)"
Sincerely,
Robert L. Ticer
Chief of Police
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September 16th, 2010
Mr. Nick Antuna
AAA Boot Service
PO Box 1212
Avon, CO 81620
Dear Mr. Antuna,
I received a copy of your hand written note dated September 9, 2010 from the Avon
Town Clerk appealing the new change in the booting ordinance. I have read the note in
its entirety. The change is not in the booting ordinance as you indicate in your document.
The change is in the Rules and Regulations Governing Parking Enforcement/Towing
Companies as outlined in the Town of Avon Municipal Code, Chapter 5.12.
In a letter dated August 30th, 2010 that I sent to you, I outlined the proposed changes to
the rules and attached a document with the listed changes. The reason for the change is
for public safety.
Thank you for your concern and after reviewing your note, I am still recommending the
changes. If you wish to discuss this matter with me in person, please contact the Avon
Police Department at 970 728 4040 and set up an appointment through either of our
Administrative Service Managers.
Sincerely,
Robert L. Ticer
Chief of Police
STATE OF COLORADO )
COUNTY OF EAGLE ) Ss
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE FOLLOWING PROPOSED CHANGES TO THE "RULES AND
REGULATIONS GOVERNING PARKING ENFORCEMENT COMPANIES AND TOWING COMPANIES ", WILL
TAKE EFFECT ON SEPTEMBER 30, 2010. THESE ARE RULES THAT GOVERN THE CONDUCT OF PARKING
ENFORCEMENT AND TOWING COMPANIES, PER THE TOWN OF AVON MUNICIPAL CODE, CHAPTER
5.12. VEHICLE IMPOUNDMENT.
The following list outlines the changes to be made to the "Rules and Regulations Governing Parking
Enforcement and Towing Companies" as set forth by Avon's Police Chief:
✓ The change requires, not just the operator, but any employee involved in parking
enforcement and towing operations to have a background check conducted by the Avon
Police Department prior to engaging in such operations.
✓ The operator, and any employees involved in the operations shall submit to and have a
background check conducted by the Avon Police Department within 30 days of their one
year anniversary date as listed on the vehicle impoundment employee background form or
last Colorado Bureau of Investigation public request for arrest information form.
It is also noted that an "appeal process" is outlined in Avon's Municipal Code, Section 5.12.080 (5)
as follows:
"any person with standing may appeal the decision of the chief to adopt a rule or regulation
by providing a request to appeal the decision in writing to the town clerk within ten (10) days of the
date of adoption of the rule or regulation by the chief. Failure to provide a request (defined as
received by the town) to appeal a rule or regulation adopted by the chief within ten (10) days shall
be deemed a forfeiture and waiver of all rights to appeal such decision to the town council. The
town council shall consider all appeals of the decision of the chief to adopt a rule or regulation
which are properly and timely provided to the town, and the town council's action shall be final.
During the pendency of an appeal, the proposed rule or regulation shall not take effect. (ord. 09 -10
§2)
Please note that a copy of the REVISED Rules is attached with changes marked in red.
This notice is given and posted by order of the Avon Town Clerk of the Town of Avon, Colorado
to be in compliance with Avon Municipal Code Section 5.12.080 (5).
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 10, 2010
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ AVON PUBLIC LIBRARY
✓ OFFICE OF THE TOWN CLERK
Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Jennifer Strehler, Director of Public Works and Transportation
Date: October 26, 2010
Re: Swift Gulch Project: Grant Update and Action Items
Summary
This is an informational memoranda intended to provide Town Council with an
update about the expected process and activities associated with accepting the
recent $7.5M State of Good Repair grant from the Federal Transit Administration for
the Swift Gulch Project.
Previous Council Actions
April, 15, 2008 - Approved the Professional Services Agreement (PSA) for
design services with CDM, Inc.
February 10, 2009 -- Approved Amendment 1 to the PSA for design services
with CDM, Inc.
May 12, 2009 - Approved the design development architectural renderings,
color pallet, and materials proposed for the Swift Gulch project (including site
layout, bus Storage Building, Administration Building, Bus wash, fueling, car
wash, parking, and Public Works Buildings (3))
November 24, 2009 - Approved of the renewal of the lease with Stone Creek
School for the Lot 5. Lease expires June 30, 2011.
October 12, 2010 - Approved of the bond documents to re- finance the Fleet
Maintenance Building and generate approximately $3,000,000 in available
funding to match grants for the Swift Gulch project.
Background
The Master Planning Phase
Avon initiated work on master and design planning of the 26.75 ac site located at
500 Swift Gulch Road (Swift Gulch Site ") in 1994. In 1995, the Fleet Maintenance
Building, vehicle washbay, and fuel island was constructed. Several portable
buildings were installed at that time too, to create office space for about 85
individuals working out of the site at that time. In 2002, the Town acquired the
property at 375 Yoder Ave in the Village at Avon PUD ( "Lot 5 ") which is 4.03 ac in
size. Lot 5 was dedicated to the Town as a requirement of the Village (at Avon)
Annexation and Development Agreement. In 2007, a build -out plan was created
for both of these two town -owned parcels, which includes the programming
summarized in Table 1.
Table 1. Summary of Site Programming
Swift Gulch Site Lot 5 1
Transportation Operations
Road and Bridge Equipment
Administration
Storage
Fleet Maintenance
Parks Division Center
Transit Bus Storage
Greenhouse
Commercial Driver's License Course
Bulk Materials Storage
Road and Bridge Maintenance Center
Recreational Facilities Storage
Trails and Sidewalk Maintenance
Vehicle and Equipment Storage
Facilities Maintenance
Police Impound Lot
Vehicle and Equipment Storage
Cinder & Salt Covered Storage
Traffic Management and Sign Shop
Electrical Shop
Plumbing Shop
The Preliminary Engineering and Architectural Design Phase
The Engineering Department issued a Request for Proposals (RFP) for design and
construction management assistance services for this project in 2008. The Town
received three qualified proposals and selected CDM, Inc. as the prime design
consultant. A contract was executed and Notice to Proceed was initially given on a
limited set of tasks which targeted creation of a "conceptual design" for the Swift
Gulch site (only). A Letter of No Prejudice (LONP) was issued on July 1, 2008 which
allows the Town to be reimbursed up to $1,600,000 for design services from FTA,
once a grant was awarded. Preliminary design documents, environmental impact
report, geological report, construction cost estimate, and documents to support
grant applications were delivered by CDM in the fall of 2008.
Having local design approval in hand was a necessary component of creating a
nationally competitive grant application and in allowing the project to be "shovel
ready" once grant funding was awarded. An amendment to the PSA was authorized
in early 2009 which directed CDM to complete a set of engineered drawings and
specifications for the Siwft Gulch Site (only) to a "design development" level. The
2
resulting design was evaluated by both the Planning and Zoning Commission and
the Avon Town Council over the course of several meetings held between March
and May 2009. At the work session on May 12, 2009, the conceptual design of the
planned buildings and associated site work was reviewed one final time by the Avon
Town Council. Town Council expressed the consensus opinion to the staff and the
architects that they liked the changes made and approved of the architectural
conceptual design. This formed the basis of design for the remaining deliverables
from CDM. A set of 130 drawings and two volumes of specifications were delivered
in September 2009. This set represented about a 25% level of design and created
sufficient detail that the Town could issue a design /build contract if we so desired.
Further design was "put on hold" from about September 2009 until just recently
while the Town sought grant funding. Staff applied for more than a dozen state
and federal grants during 2009 -2010.
Discussion
The Town was recently notified that the Swift Gulch project was selected to receive
$7,500,000 in federal grant funding from the State of Good Repair (SGR) and
possibly also another $500,000 from the American Resource and Recovery Act
(ARRA) program. Other grant funding has been or will be requested in order to
complete the transportation - related elements of the site. Announcements from the
following programs are expected during the period October 2010 - March 2011.
Awarded grants and other key grants that remain possible are described in Table 2.
There are several upcoming activities necessary to accept grant funding for the
Swift Gulch Project. These activities will require timely actions from staff and from
the Avon Town Council. A suggested order and approximate dates for these
activities are offered here:
1. Disenfranchised business enterprise (DBE) purchasing policy - The
Town is required to have an organizational -wide DBE purchasing policy in
place that meets federal guidelines. A public notice was issued on October
25 to alert the public and the DBE businesses in the region about this
pending action. The resolution and public hearing will be scheduled for the
December 9, 2010 Town Council meeting. A minimum notice period of 45
days is required to take public comments on the draft policy. Based on the
survey completed by the Town Engineer, a DBE target goal of 0.03% of all
purchased goods and services is recommended. There is no penalty for not
meeting a DBE target.
2. Professional Services Agreement - The PSA with CDM, Inc. needs
updating to extend term, add federal clauses, specify tasks for final design,
bidding, and assistance during construction. The Town Attorney is working
with staff and legal counsel for FTA and CDOT to finalize this document.
Planned for Avon Town Council's November 9, 2010 meeting.
3. Stone Creek School Lease - This lease automatically expires on June 30,
2011. No formal action may be needed by Council unless the charter school
requests another lease extension. Use of this town -owned site is essential
3
for construction staging and would be occupied with staff offices, equipment,
vehicles, goods, and materials as soon as it was available or no later than
July 1, 2011. No other suitable site alternatives have been made available
to the Town by school officials or others. We have recently engaged in multi-
party discussions regarding alternative sites in order to otherwise satisfy the
space requirement, but it is problematic given the need to duplicate the
capabilities of the Town -owned site at no cost to the Town.
4. Issue RFP for Construction Services - The Town will ask for assistance
from the design team to prepare this RFP document. An alternative
procurement approach (such as "general contractor /construction manager"
or GC /CM) is anticipated in order to meet tight federal schedule requirements
as well as insure a high level of coordination with existing operations and
overall quality. (GC /CM is often used in architectural projects and was
recently used by Summit County in their ARRA- funded transit facility.)
Assuming GC /CM is used, contractors will be ranked by the Town in
accordance with their qualifications and then negotiations will proceed
regarding price. Release of the RFP is expected on /before November 29,
2010. A 4 -week period is expected.
5. Sign Grant Award Contract(s) - FTA is motivated to obligate grant
funding in order to demonstrate that the federal dollars are " "going to work"
to stimulate the local economy. Eligible costs incurred by the Town prior to
the date of the signature of this agreement can be reimbursed up to
$1,600,000 under our existing Letter of No Prejudice. A grant contract
between CDOT (administrator for FTA) and the Town of Avon is expected by
about December 17, 2010.
6. Select Constructor and Initiate Negotiations - Negotiations on this
contract should initiate around January 3, 2011. The preferred contractor
must offer a guaranteed maximum price (GMP) that fits the project budget
and accomplishes the required scope, schedule, and quality requirements of
the Town. If he does not, the Town would proceed to negotiate with the next
most qualified bidder.
7. Award Construction Contract —Award is expected by January 25, 2011.
8. Conduct Final Design and Value Engineering - The drawings and
specifications will be finalized to match the final project budget. It is
expected that multiple separate bid sets will need to be prepared which
would be bid by the general contractor for award to the lowest -cost, qualified
subcontractor. Value engineering ( "VE ") is a federally- required discrete step
in the process which should be done between 60% and 100% design, in
order to meet the goal of producing the best value (i.e., cost and quality).
VE would be performed by discipline experts who not directly affiliated with
the project and presented to the Town's design team for consideration. Town
Council will be updated if cost - savings changes are proposed as a result of
VE, which would significantly alter the design. These activities would occur in
about March 2011.
4
9. Building Permit - The selected general contractor is responsible to obtain a
Building Permit from Community Development. Assuming no major
modifications are proposed compared to the design previously approved
(June 2009), permit reviews may be handled administratively. Any
significant deviations would be presented to Town Council during a work
session. Building permit review is expected during April 2011.
1O.Mobi/ization of construction on site - Expected May 1, 2011.
Town staff is working hard to prepare the deliverables to meet the schedule
recommended above. Town Council will be notified if the schedule changes from
that shown here.
Financial Implications
The total estimated local cash requirement for the upcoming construction is
$3,000,000. This provides the 20% match for the transit -grant funded portion of
the project ($1,875,000) plus the cost for 100% of the allocated public works
portion of shared components such as buried utilities and access roads
($1,125,000). This amount of local funding is expected to be sufficient to accept the
following grants: State of Good Repair, ARRA, and FASTER. Based on grant award
estimates described in Table 2, the total value of construction planned for May
2011 -May 2013 is about $11,000,000. With a local cash outlay of about
$3,000,000, this represents a cost to the Town of $0.25 for every $1 spent.
Subsequent phases of construction at the Swift Gulch site (e.g., bus storage
building, administration building) will be dependent on further grant funding from
one of the possible sources listed in Table 2. When another grant is awarded for
one of these larger buildings, the Town will be able to use the value of the impacted
land as our local match. Should this happen during the next 6 -12 months, the
Town will be well positioned to program those funds using the design team and
general constructor already under contract.
Town Manager Comments
5
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Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Jennifer Strehler, Director of Public Works and Transpo atior
Date: October 26, 2010
Re: Ordinance No. 10 -18 Adopting Local Designation of Noxious
Weeds and Approval of the Updated Avon Noxious Weed
Management Plan
Summary:
This meeting is a continuation of the public hearing held on October 12, 2010 to
consider proposed Ordinance 10 -18 and the associated updated Avon Noxious Weed
Management Plan. The public hearing was continued to receive and review comments
submitted by representatives of Traer Creek -RP, LLC and its affiliates. Second reading
of this ordinance and adoption of the updated management plan is proposed for this
meeting.
Previous Council Actions:
October 12, 2010 - Meeting continued from September 24, 2010.
September 24, 2010 - 1St Reading of Ordinance 10 -18 "An Ordinance Adopting local
Designation of Noxious Weeds" and motion to adopt a revised "Avon Noxious Weed
Management Plan" (updated plan dated August 27, 2010).
August 27, 2010 - Public Notice posted for Ordinance 10 -18.
July 13, 2010- Informational presentation on the progress of implementing Ordinance
10 -06 and associated noxious weed identification, control and abatement methods.
April 27, 2010 - 2nd Reading of Ordinance 10 -06. This ordinance was approved and
the motion to adopt the "Avon Noxious Weed Management Plan" passed.
April 13, 2010 - 1St Reading of Ordinance 10 -06 "An Ordinance Enacting Noxious
Weed Control Regulations ".
Background:
Please see the detailed memo published for the September 24, 2010 Avon Town
Council meeting and the slides of the presentation given on October 13, 2010.
Page 1 of 3
Discussion:
Please see attached comments from Mr. Bill Kyriagis from Otten Johnson, Robinson,
Neff + Ragonetti. The cover letter of this is dated October 6, 2010. Mr. Kyriagis
states that he has submitted these comments "on behalf of Traer Creek -RP, LLC and
its affiliates ( "Traer ") ". A summary and analysis of Mr. Kyriagis's comments is offered
below. No other public comments have been received.
In several places, Mr. Kyriagis states his desire for the Town of Avon to have a
fair, effective, rational, and consistent enforcement method regarding noxious
weeds. Town Staff believe that the program and enforcement methods are fair,
effective, rational, and consistent. Technical review comments provided by the
State Department of Agriculture and the Colorado State Extension Office
support the Town's position.
Mr. Kyriagis alleges that the Town "did little or nothing to address such
failures ". This is incorrect. Town staff contacted property owners in person, by
mail, and by telephone. A total of 79 certified letters were sent out plus many
other non - certified letters. Copies of the communication ledger and all letters
and notices were made available to Traer.
Mr. Kyriagis commented that "many Avon property owners made no serious
efforts, if any, to comply ". This is incorrect. Avon Public Works weed
notification ledger identifies that 76 properties took action to address noxious
weeds out of the 79 properties that were notified. This represents a 96.2%
positive response rate.
Mr. Kyriagis states that the Avon Noxious Weed Management Plan lacks
qualitative and quantitative standards for measuring compliance. Compliance is
already defined by the State of Colorado. Eradication is measured by the
absence (success) or presence (failure) of noxious weeds. Control and
suppression is measured by the absence (success) or presence (failure) of
seeds or new shoots of noxious weeds on the property.
Mr. Kyriagis requests clarification as to what an acceptable schedule is for
compliance. He suggests that the Town was acting arbitrarily to give his client
e.g., 2.5 weeks while waiting over 4 weeks for CDOT to take proper action
along I -70. On this point, the Town of Avon certainly would have preferred a
faster response from CDOT. But because a local government cannot lien state -
owned land, political pressure is really all that can realistically be applied. Avon
Public Works notified CDOT via certified mail, consistent with the Town's
notification process to other property owners.
Mr. Kyriagis claims that the Union Pacific Railroad had standing noxious weeds
adjacent to Traer properties. No photos were provided by Mr. Kyriagis to
document this allegation. The Town's records show that UPRR property within
the Avon Town Limits was chemically sprayed on June 23, 2010 by the Town's
contractor. Within a few days, these noxious weeds were dead and were not
producing or distributing viable seeds.
Page 2 of 3
The Town received an open records request from Mr. Bill Kyriagis on September 7,
2010 for information regarding the Noxious Weed management program. Town Staff
prepared copies of the requested public records. The requested public records have
been available for pick -up since September 17, 2010; however, as of the date of this
memorandum, representatives of Traer Creek have not picked up this information. It
appears that Mr. Kyriagis prepared his comments on Ordinance 10 -18 without the
benefit of the requested public records.
Financial Implications:
No change.
Recommendation:
Staff recommends passage of Ordinance 10 -18 and approval of the updated Noxious
Weed Management Plan.
Motion:
°I move to approve Ordinance 10 -18, Series 2010, Adopting Local Designation of
Noxious Weeds."
'"I move to approve adoption of the `Avon Noxious Weed Management Plan' dated
August 27, 2010.
Town Manager Comments:
Exhibits:
• Comments submitted by Mr. Bill Kyriagis from Otten Johnson, Robinson, Neff +
Ragonetti on behalf of Traer Creek -RP, LLC and its affiliates
• Copy of Packet item from September 28, 2010
Page 3 of 3
TTENJHNS ®N
ROBINSON NEFF + RAEGONETTl�
October 6, 2010
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND EMAIL
(JSTREHLERaPAVON.ORG; WEEDS @AVON.ORG)
Jennifer Strehler
Town of Avon
Director ol' Public Works
PO Box 975
Avon. Colorado 81620
Re: Noxious Weeds and Ordinance No. 10 -18
BILL E KYRIAGIS
303 575 7506
BKYRIAGIS @OTTENJOHNSON COM
Dear Ms. Strehler:
I am writing on behalf of Traer Creek -RP, LLC and its affiliates ( "Traer ") to submit comments concernin
Town of Avon's (the "Town ") proposed Ordinance No. 10 -18 (the "Proposed Ordinance''), and the relate
of the Towns enforcement of its existing noxious weeds ordinance (the "Weeds Ordinance").
As you know, Traer and other affiliated written letters � the � 1 concerning
enforcement otthe Town's Weeds Ordinance as t relates to I iaera dal also other property owners. im
I refer you to a July 7, 2010 letter from Brad Schacht to you, and a September 7. 2010 letter from me to
Attorney, )✓ric Heil, both of which letters (the
clude thissletter and tlhe Letters�nto t1 ecpubl'c redCOrd for t et
reference. I respectfully request that you in
Proposed Ordinance.
As enforced this year by the Town, the Weeds Ordinance falls far short of ensuring fair and effective
enforcement of noxious weeds mitigation. Enforcement of the Weeds Ordinance has been uneven, thus,
undermining the goal of mitigating noxious weeds on affected properties.
With respect to the Proposed Ordinance, o� seems
to previously nothing
conclernshas t does I>otdsetglortl
noxious «eeds. It does not address y
meaningful standards and guidelines that would ensure fair and effective enforcement of noxious weed!
mitigation.
Given what happened this year, this is a problem, as it appears that many Avon property owners made r
noxious weeds on their properties. In most cases, the Town did
serious efforts, if any at all, to address
95G SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENIO k
DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS
Jennifer Strehler
October 5, 2010
Page 2
nothing to address such failures. This is a very serious issue for all property owners in the Town, as weed
mitigation is a futile exercise if conducted on a particular property while weed issues on neighboring properties
go unaddressed.
This relates to another problem with the Town's Weeds Ordinance, both as it currently exists, and given the
noxious weed management plan to be adopted pursuant to the Proposed Ordinance. There are simply no
meaningful standards for measuring compliance with whatever it is that the Town may require. The noxious
weed management plan lists various methods of management for the various scheduled noxious weeds, but
provides no qualitative or quantitative standards concerning mitigation.
The Weeds Ordinance is similarly vague. For example, as set forth in Avon Municipal Code § 8.36.100(c), in
response to a 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." (Emphasis added.) What kind of schedule will qualify as "acceptable to the Town "?
As written, property owners have no way to reasonably know what is expected of them, and the lack of
standards creates a significant risk that the Town will not enforce its Weeds Ordinance in a rational and
consistent manner.
TraeCs concerns are not unfounded. This year, Traer experienced firsthand the unfettered discretion with which
the "Town has approached this issue. In one instance, without any basis, you personally set a wholly arbitrary
deadline of two - and -a -half weeks after the date of an initial Notice of Eradication for Traer to remove every
single weed from an enormous piece of property. This date was set notwithstanding the fact that, at the time you
set the deadline, Traer had a very large crew that was actively cutting, spraying and mowing on the property. At
the same time that you conveyed your conclusion that Traer's significant efforts were simply not good enough,
the Town was content to allow CDOT's properties to go at least one month without aM attention to noxious
weed issues whatsoever. Similarly, no action was ever taken against Traer Creek Metropolitan District, despite
the Town's having identified a number of noxious weeds issues on its properties during this same general
timefrarne. With regards to Union Pacific, in your July 13, 2010 presentation to the Avon ToN&n Council. you
stated that Union Pacific's property had been mitigated and would require one more go around later in the
summer. Contrary to your comments, Union Pacific's property had not been fully mitigated and, in fact, had
areas infested with Canada Thistles and other noxious weeds that were within ten feet of the lot line of 'I raer
property.
The referenced entities' properties border on Traer's property, so their behavior is of particular concern to Traer.
However, all property owners in the Town should have similar concerns. Observation of conditions this year
revealed that there was little, if any, noxious weed mitigation efforts made on significant portions of the
property within the Town.
If this pattern continues, it will likely severely undercut the willingness of property owners to engage in noxioua
weed mitigation efforts on their own properties, and will render the entire process ineffective. Noxious weed
management efforts can be quite expensive. In order to be fair and effective, the Town must have a system that
ensures equal treatment. The case of CDOT provides an example, since it appears that the Town considered it
sufficient for CDOT to mow its lands once or twice during the entire summer. If the Town considers this to be a
sufficient level of mitigation efforts for some property owners, that level of mitigation efforts should be
Jennifer Strehler
October 5, 2010
Page 3
considered sufficient for all property owners. Without adequate standards to measure progress and against
which to test compliance, there is a significant risk that the Town's future enforcement efforts will unfairly
burden particular property owners. This is both unjust, and undercuts the purported ultimate objective of
implementing an effective noxious weed mitigation program throughout the Town.
Accordingly, Traer urges the Town to consider and enact further changes to its Weeds Ordinance that will
ensure that its weed management program is effective, fair and enforced in an evenhanded and
nondiscriminatory manner.
Sincerely,
Bill E. Kyriagis
for the Firm
BEK
9x9181 ;
cc: Eric Heil, Esq. (by Email)
Thomas J. Ragonetti, Esq. (by Email)
Munsey L. Ayers, Esq. (by Email)
Brad W. Schacht, Esq. (by Email)
Frances A. Koncilja, Esq. (by Email)
Marcus Lindholm (by Email)
Michael Lindholm (by Email)
Dan Leary (by Email)
0 T T E N J 0 H N S 0 N
ROBINSON NEFF +RAGONETTI „,
July 7, 2010
By CERTIFIED MAIL
RETURN RECEirr REQIIES'rED AND EMAIL
(JSTREHLER(a AVON.ORG; WEEDS@AVON.ORG)
Jennifer Strehler
Director of Public Works
500 Swift Gulch Road
Avon, CO 81620
Re: Notice of Noxious Weed Violation Dated July I, 2010
Dear Ms. Strehler:
BRAD W SCHACHT
303 575 7527
BRAD (MOTTENJOHNSON COM
I am writing in response to the Noticc of Noxious Weed Violation dated July 1, 2010, and sent to Traer Creek -
RP, LL,C ("Traer -RP”) (the "Notice "). The Notice alleges "noxious weed" violations for certain identified
properties (the "Property ").
I would first like to note that the Notice was, at least partially, addressed incorrectly pursuant to the Town of
Avon's ('Town ") ordinance. See Avon Municipal Code ( "AMC ") § 836.100(a) (requiring that notices of
eradication be sent by certified mail to the property owner at the address of record according to the Eagle
County Assessor's Office). Traer -RP is not the owner of record of all of the Property. For example, Traer
Creek Plaza, LLC ( "Traer Plaza") is the owner of the property described as Lot 2, Filing I, Village at Avon (the
"Plaza Property "). The Notice was not sent to Traer Plaza's attention, though Traer Plaza has already removed
any "noxious weeds" from the Plaza Property. These issues have been brought to the Town's attention in the
past. For clarity, the various owners of the Property are referred to herein as the "Owners."
Regardless of the validity of the mailing of the Notice, as you are aware, the principals of the Owners of the
Property, Magnus, Marcus and Michael Lindholm, are currently in Sweden attending the funeral of Magnus
Lindholm's mother. In their absence, it is difficult for the Owners to address this issue. We expect the
Lindholtns to return some time during the week of July 11. In these circumstances, we would ask that the
Owners be afforded additional time to evaluate the issue, and formulate a more complete response.
That said, my initial evaluation of the situation reveals a number of relevant issues. Some of the Property
identified in the Notice is located south of' 1 -70 (the "Southern Property ") and some of the Property is located
north of 1 -70 (the "Northern Property "). Generally speaking, significant questions remain concerning the
Town's authority to impose "noxious weed" management requirements on the Owners, whether under the State
9 .. S= ,_tiTEENTN TREET SL,! 1660 1ENVFR COL0PAi•0 80202 P 34i 62.5, 8400 F 303 82.. 61i.. OT?ENi(IIINCCN C01!
DENIVER ASPEN VAIL VALLEY STEAMBOAT SORPNGS
.Icnnilcr Strchler
July 7, 2010
Page 2
statute or the Town's ordinance. Aside from any regulatory requirements, in the context of the Southern
Property, the Owners view weed management as but one component of an overall program of sound land
management and ownership practices. This, and not Town compulsion or authority, is the reason that the
Owners have been actively addressing weeds on the Southern Property. Indeed, before the Notice was even sent
out, the Owners were already actively engaged in "noxious weed" mitigation efforts on ul1 of the Southern
Property. Traer -RP previously submitted a Noxious Weed Management Plan for Lot I, Filing 1 Village at
Avon, which the Owners continue to apply to the rest of the Southern Property. Accordingly, with respect to the
Southern Property, it does not appear that the Notice was even necessary here. I have confirmed with the
Owners' on -site agents that their efforts are nearly complete, but as of yesterday, they were still actively
engaged in continued "noxious weed" mitigation activities on the Southern Property. You may have seen them;
they had a very large crew of workers engaged in these efforts.
Unlike the Southern Property, which is essentially surrounded by development, the Northern Property presents a
vastly different set of circumstances. Indeed, the situation with respect to the property neighboring the Northern
Property may make weed mitigation or management on the Northern Property a completely futile exercise. 'I he
Northern Property borders on 'Town rights -of -way, e.g., Swift Gulch Road, and /or the COOT right- of =�tiay for 1-
70. As you know, motor vehicles and rights- of=way are likely the primary vector by which weeds are spread,
and it does not appear that '`noxious weeds" have been fully eliminated from these rights -ol =way. In recognition
Of this issue, the State prohibits the Town from taking any action against private property until it first applies the
same rn• greater management measures to any land or rights -of -way owned or administered b,, the I -own that are
adjacent to the private property at issue. See C.R.S. § 35- 5.5- 108.5(9)(6); C.R.S. § 35- 5.5- 109(5)(6). Making
matters worse, the North Property is essentially surrounded by U.S. Forest Service land. Obviously, the Town
and the State have no authority to compel the Federal Government to address "noxious weeds" on its property,
and it is my understanding from local contacts and contacts in the industry that the Forest Service essentially
does nothing to manage "noxious weeds" on its lands. The Town cannot reasonably expect the Owners to
maintain a weed -free island surrounded by a sea of neglected and unmitigated weed - filled lands.
Furthermore, in the context of the State's overall "noxious weed" management program, the "noxious weeds"
allegedly identified on the Northern Property are not particularly "noxious." With respect to the Northern
Property, the Notice identified only four "noxious weeds ": Canada Thistle, Musk Thistle, Floundstongue, and
Yellow Sweet Clover. None of these "noxious weeds" is included among the State of Colorado's List A
species, all of which are designated for eradication. nor are they included among those List B species designated
for eradication in Eagle County. See 8 C'.C.R. 1206 -2. Part 4.10.7 (houndstongue not designated for eradication
in Eagle County). Indeed, the State of Colorado has not even developed "noxious weed" management plans for
Canada Thistle or Musk 'thistle, and Yellow Sweet Clover is not even on the State's list of designated "noxious
weeds."
As you know, the Northern Property is undeveloped land, essentially surrounded by wilderness and rights-of-
way. The Owners actively use the Northern Property to graze sheep, and these sheep are sold for human
consumption. The Owners are thus very concerned about the use of any chemical agents on their Property. The
Owners also have practical concerns about the effectiveness. safety and economic feasibility of "noxious weed"
management activities on the rough, steep terrain that makes up the Northern Property. While they have not yet
had a full opportunity to evaluate all of the circumstances, the Owners are not inclined to endanger the health
Jennifer Strehler
.1 Lily 7, 2010
Page 3
and safety of their employees and agents, or that of their livestock in an effort to mitigate "noxious weeds" on
the Northern Property. They arc especially reluctant to do so considering that the Northern Property is
surrounded by other lands infested with the same "noxious weeds," since the circumstances with respect to those
lands is not likely to change. In this context, what the Town is appearing to require is simply not a component
of sound land management and ownership practices.
In light of the overall circumstances, my initial conclusion is that eradication of the "noxious weeds- identified
in the Notice on the Noithern Property is not economically feasible, safe, or prudent, let alone required.
1- lowever, in light of the absence of the Owners' principals, we request that you allow the Owners additional
time to respond to the Notice. With respect to the Southern Property, the Owners were proactively addressing
"noxious weeds" and were thus already in compliance with the Notice before it was sent. if the Town simply
needed to have a Noxious Weed Management Plan on file for the Southern Property, the Plan previously
provided for Lot I, Filing 1, Village at Avon is sufficient.
The identified '`noxious weeds" have been present throughout Eagle County for decades —long before my
clients' representatives left for Sweden to attend the funeral of their mother /grandmother. These "noxious
weeds" will surely remain on the Forrest Service land for decades to come. Accordingly. I request that you
allow additional time Ior the Lindholnts to return so that the Owners can have an adequate opportunity to
address this issue directly. Additionally, considering my clients' current unavailability, please advise me prior
to taking any enforcement action against the Property or the Owners. 'Thank you.
Sincerely,
Brad W. Schacht
for the Firm
BWS
115.1611
cc: Eric Heil, Esq. (by Email)
Thomas J. Ragonetti, Esq. (by Email)
Munsey L. Ayers, Esq. (by Email)
Bill E. Kyriagis, Esq. (by Email)
Magnus Lindholm (by Email)
Marcus Lindholm (by Email)
Michael Lindholm (by Email)
OTTENJ®HNSQN
ROBINSON NEFF + RAGONETTI.
September 7, 2010
131' CERTIFIED MAiL
RETURN RECEiP -r REQI ESTER AND EMAiL
(ERiCHEILLAW�G:1tAiL.COI%I)
Eric Hcil
Town Attorney —Town of Avon
Heil Law & Planning, LLC
1499 Blake Street, Unit I -G
Denver, CO 80202
Re: Notices of Entry and Inspection Dated August 20, 2010
Dear Eric:
BILL E KYRIAGIS
303 575 7506
BKYRIAGIS@OTTENJOHNSON COM
I am writing to follow up On our conversation from Thursday, and regarding the Town of Avon's ( "Town ")
Notices of Entry and Inspection dated August 20, 2010 (the "Notices "), and sent to this firm's clients, Traer
Creek -ItP LLC, "Traer Creek -1-2 LLC, Traer Creek -WMT LLC, Traer Creek -FID LLC, and Alkali Company
(collectively, "Traer "). The Notices were sent pursuant to Avon Municipal Code ( "AMC ") § 8.36.100(a) and
they sought permission to enter and inspect certain property that Traer owns, as more particularly described in
the Notices (the "Property").
As you know, my clients have been actively engaged in significant weed management efforts for the past Ices
months. 'phis includes weed management efforts undertaken on the Property. These efforts have been ongoing,
and in the coming days, sheep will begin grazing on the Property, as they have in the past. The sheep will have
a significant impact on any remaining weeds on the Property, as the sheep eat weeds. It should also be noted
that the presence of grazing sheep influences and constrains the scope of other weed management efforts that
can be applied on the Property. Given that the sheep eat weeds, chemical spraying is simply not a reasonable
weed management technique, and overly aggressive cutting may deprive the sheep of adequate feed. In fact,
there isn't enough feed for the sheep this year, due to this kind of overly aggressive cutting. These issues will
remain relevant in coining years.
In our conversation, you and I discussed the possibility of arranging consensual inspections of the Property.
However, Thursday, you also sent me a Notice of Public Hearing Regarding Declaration of Additional Noxious
Weeds (the "Hearing Notice "), which states that the Town intends to declare the weeds listed therein as noxious
weeds. Given the timing, and based on our conversation, it seems that the Town will not be requiring further
weed mitigation efforts from property owners this year.
950 SEVENTEENTH STREET SUITE ;600 DENVER COLORADO 60202 P 303 625 8400 F 303 825 6525 OTTENJ04NSON.Coki
DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS
Eric Heil
September 3, 2010
Page 2
After our conversation, I had an opportunity to confer with my clients. In the circumstances, we feel that the
requested inspections are without basis, and without purpose. The Notices do not specify the basis for the
requested inspections, and there is no apparent basis for the inspections. Given that the Town will not be
requiring further weed mitigation efforts this year, the requested inspections also seem to have no purpose.
Further, the Notices quote AMC § 8.36.100(a), which allows the "Town to seek an inspection warrant "in
accordance with C.R.S. § 35- 5.5- 108.5(4)(6)" if a property owner does not respond to a notice of inspection or
denies access. However, by its terns, C.R.S. § 35 -5.5 -108.5 only applies "to noxious weeds that have been
classified as list A species and to populations of list B species designated for eradication pursuant to section
35/5- 108(2)(a)." As we discussed Thursday, the "Town has never identified any list A species on Traer's
Property, nor any list B species designated for eradication in Eagle County pursuant to C.R.S. § 35-5.5 -
108(2)(a). Moreover, C.R.S. § 35- 5.5- 1.08.5(4)(b) is not even a provision that addresses issuance of inspection
warrants.
In the absence of further information suggesting that an inspection of the Property is, in fact, authorized
pursuant to law, we are not inclined to consent to the requested inspections. This decision is also informed by
the history here. In June and July of this year, the Town began efforts to impose weed management
requirements on Traer. When I told you on July 22, 2010, that my client's representatives would be in Avon
and prepared to meet and discuss the weeds issues in early August, you responded that you suspected "that a
time frame of'early August' for the property owner(s) to determine to evaluate the existing conditions internally
will not be satisfactory for the Town." You also said you would get back to me early the week of July 26, 2010
with any response by the Town. Despite the expressed urgency, you never contacted Inc. Indeed, the next I
heard from you on the weeds issue was your email on August 23, 2010 transmitting the Notices. Those Notices
represented the beginning of an entirely new process, completely unrelated to the process from June and July.
In the I fearing Notice and during our conversation Thursday, you essentially acknowledged that the Town is
starting over on the process. Accordingly, it appears that Traer has been subjected to unnecessary and
unjustified pressure from the Town to address noxious weeds on their properties. Even minimal observation of
the conditions throughout the Town indicates that there are unabated noxious weeds on a significant number of'
properties in Town. Along with the Notices. you also sent me seventeen other notices that were addressed to
entities that this firm does not represent, relating to properties not owned by my clients. In June. Jenniler
Strehler also told Michael Lindholm that the Town had sent noxious weeds notices to six other property owners
in Town. Accordingly, I know that the Town has sent notices, but I question whether the Town has vigorously
followed up on such notices.
All the evidence available at this time indicates that the Town has been singling Traer out for aggressive weed
enforcement, while doing relatively little to address other properties in Town. One instance of the Town's
aggressiveness toward my clients is illustrative. On June 11, 2010, the "Town sent a notice of noxious weed
eradication to Traer Creek -RP LLC concerning Lot I of the Village (at Avon) Filing 1. Traer informed the
Town on June 18, 2010 that a significant amount of work had already been performed on Lot 1, and invited
Jenniler Strehler or other Town representatives to visit the property with a Traer representative to see the
progress that had been made to that point. On June 23. 2010, Ms. Strehler wrote an email to Michael Lindholm
stating that she had observed Lot I the previous day and "lots of noxious weeds" were still on it.
Eric Heil
September 3, 2010
Page 3
Acknowledging that "Traer had submitted a noxious weed management plan and had been actively engaged in
weed management efforts, Ms. Strehler stated that all the weeds should have been removed by that time. She
also set an arbitrary deadline of June 30, 2010 for all of the weeds on Lot I to be removed. There is simply no
authority in the state statute or Town ordinance for setting a deadline to have every single weed removed from a
property two - and -a -half weeks after a notice to eradicate is first issued, especially for a property as large as
Lot I. Regardless, Ms. Strehler stated that, if her deadline were not met, the Town would enter Lot I and use
chemical sprays, mowing and trimming to remove the weeds itself.
Has the Town conducted any formal inspections of properties for noxious weeds? Has the Town pursued and
obtained inspection warrants for other properties in Town? Has the Town set deadlines of two- and -a- halt =weeks
for the absolute eradication of every single weed on any other property in Town? Has the Town entered any
private property to abate weeds where the property owner was unresponsive or unwilling to abate weeds on his
or her property? I [as the Town even threatened to do so? Particularly, in the case ol'Traer's neighbors, has the
Town taken any significant action with respect to noxious weeds management for property owned by the
Colorado Department of Transportation, Union Pacific Railroad or the Traer Creek Metropolitan District?
Significant portions of my clients' property border on lands owned by these entities, and if these property
owners are not controlling the weeds on their lands, it will be absolutely futile for my clients to attempt to do so
on their properties.
Generally, the Town needs to coordinate the effort to mitigate noxious weeds, and this effort needs to be To«�7-
i,vifle.
In addition to this letter, Traer intends to submit an open records request to the Town, seeking further
information on the Town's efforts to enforce noxious weed management requirements on property owners in the
Town. Information produced in response to that request should shed additional light on whether the Town has
been pursuing the weeds issue in an evenhanded fashion.
Sincerely,
Bill E. Kyriagis
for the firm
BI;K
/57;14
cc:
Thomas J. Ragonetti, Esq. (by Email)
Munsey L. Ayers, Esq. (by Email)
Brad W. Schacht , Esq. (by Email)
Frances A Koncilja, Esq. (by Email)
,r
Magnus Lindholm (by Email)
Marcus Lindholm (by Email)
Michael Lindholm (by Email)
Dan Leary (by Email)
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 Transportation 7
Date: ,-2&1-9— C)c+06.e_r' 2, AG)1 U
Re: Ordinance No. 10 -18 Adopting Local Designation of Noxious
Weeds
Summary:
Town Council originally passed an ordinance in April 2010 amending the town code
regarding noxious and nuisance weeds. Approval of the ordinance is now needed to
fulfill a state requirement regarding a 30 -day public notice period. Public notice for
this September 28th hearing was posted on August 27, 2010 at the Town's customary
public notice locations. Also the associated noxious weed management plan has been
amended to add several weeds designated by the state for control or eradication in
Eagle County which were previously not included. A motion approving of the updated
management plan is also needed.
Previous Council Actions:
On April 13, 2010, Town Council discussed proposed Ordinance 10 -06, "An Ordinance
Enacting Noxious Weed Control Regulations" which revised § §8.24.046 of the Avon
Municipal Code entitled "Undesirable Plants" (1992) and also § §8.24.045 entitled
"Weeds" (1983). It was approved upon first reading but with the request that the
originally proposed language regarding non - noxious but nuisance weeds and grass
mow heights be removed. Staff made these changes and submitted a revised
ordinance for consideration on April 27, 2010.
On April 27, 2010, a public hearing was held regarding Ordinance 10 -06. The Town
Council approved Ordinance 10 -06 upon second reading. The new ordinance language
can be found in §8.36 of the Avon Municipal Code.
Town received communications disputing the Town's legal authority to enforce locally
designated noxious weeds. Although the Town did post notice of Ordinance No. 10 -06
Adopting Noxious Weed Regulations 30 days prior to the first reading of Ordinance No.
10 -06; the Town Attorney has recommended that the Town re- notice the local
designation of noxious weeds.
Page 1 of 4 Council Memo
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 Transportatiogq�_
Date: September 24, 2010
Re: Ordinance No. 10 -18 Adopting Local Designation of Noxious
Weeds
Summary:
Town Council originally passed an ordinance in April 2010 amending the town code
regarding noxious and nuisance weeds. Approval of the ordinance is now needed to
fulfill a state requirement regarding a 30 -day public notice period. Public notice for
this September 28th hearing was posted on August 27, 2010 at the Town's customary
public notice locations. Also the associated noxious weed management plan has been
amended to add several weeds designated by the state for control or eradication in
Eagle County which were previously not included. A motion approving of the updated
management plan is also needed.
Previous Council Actions:
On April 13, 2010, Town Council discussed proposed Ordinance 10 -06, "An Ordinance
Enacting Noxious Weed Control Regulations" which revised § §8.24.046 of the Avon
Municipal Code entitled "Undesirable Plants" (1992) and also § §8.24.045 entitled
"Weeds" (1983). It was approved upon first reading but with the request that the
originally proposed language regarding non - noxious but nuisance weeds and grass
mow heights be removed. Staff made these changes and submitted a revised
ordinance for consideration on April 27, 2010.
On April 27, 2010, a public hearing was held regarding Ordinance 10 -06. The Town
Council approved Ordinance 10 -06 upon second reading. The new ordinance language
can be found in § §8.36 of the Avon Municipal Code.
Town received communications disputing the Town's legal authority to enforce locally
designated noxious weeds. Although the Town did post notice of Ordinance No. 10 -06
Adopting Noxious Weed Regulations 30 days prior to the first reading of Ordinance No.
10 -06; the Town Attorney has recommended that the Town re- notice the local
designation of noxious weeds.
Page 1 of 4 Council Memo
Background:
The Colorado Noxious Weed Act §§ 35- 5.5.101 through 119 (CRS 2003) requires local
governments to rules set forth in 8 CCR 1206 -2 and in the Act to control the spread of
noxious weeds. The state requires counties, cities, and towns to adopt a specific
noxious weed management plan. Avon is compliant this regard, with the Town
Council acting as the local Weed Management Advisory Commission.
A copy of the public notice posted for this hearing is attached. This notice was posted
on August 27, 2010 at the Town's customary public notice locations.
Discussion:
Avon's Noxious Weed Management Plan includes all of the state's List A species plus
the species listed below. Species ID # 18 -26 have been added to Avon's plan since
the previously approved April version. These were added because they are identified
for control or eradication in Eagle County in 8 CCR 1206 -2. In the event the state
adds another species to List A or to List B with an explicit requirement for eradication
in Eagle County, Avon's management plan "automatically updates" to include such
added species.
Management Method #
1
2
3
4
5
Common Name:
Leafy Spurge
Russian Knapweed
Diffuse Knapweed
Spotted Knapweed
Canada Thistle
6
Musk Thistle
7
Plumeless Thistle
8
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
18
Black henbane
19
Bull Thistle
20
Chinese clematis
21
Eurasian watermilfoil
22
Perennial pepperweed
23
Russian -olive
24
Spurred anoda
25
Sulfur cinquefoil
26
Venice mallow
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 ofcinalis
Hyoscyamus niger
Cirsium vulgare
Clematis orientalis
Myriophyllum spicatum
Lepidium latifolium
Elaeagnus angusifolia
Anoda cristata
Potentilla recta
Hibiscus trionum
At a minimum, the state requires the local authority to eradicate all of the List A
Page 2 of 4 Council Memo
species and either eradicate or control all List B species. Some List B species are
more or less of a threat in a particular geographic area, as described in 8 CCR 1206 -2.
It is important to understand that the state's rules and regulations regarding noxious
weeds and best management practices are still evolving. For example, at the time of
adoption of 8 CCR 1206 -2, the state did not have a formal management approach to
all List B species (e.g., Canada thistle, Russian Olive). Since that time, federal, state,
and county best management practices have been developed. In using the term
"control," the state rules may mean either "elimination of all populations" or
"suppression ", with the distinction depending on the specific plant and a specific
geographic area.
Local home rule authorities are legally empowered to include additional species in the
locally managed noxious weed list. Local governments are not limited by state law to
regulate only those plants on the state's List A, B or C. Also, Local governments do
not need to wait for the state to publish their plan for management of a particular
species in order to take local action.
Yellow Sweet Clover ( #17 in list above) is the only species on Avon's designated
noxious weed list that is not currently included on any of the states A, B or C list. This
plant is highly prevalent on many disturbed or poorly re- vegetated sites in Avon.
Town staff originally included this plant in the April list because technical sources
report it to be invasive, produce over 100,0000 seeds per plant, outcompete native
vegetation, cause anti - coagulation properties in the blood of grazing animals, and be
very high in pollen.' Eagle County's Weed Coordinator, Tim Girard, commented that
this plant has been used in re- vegetation mixes and can be beneficial for bee keepers.
Weed While Avon staff recognize this, they recommend continued inclusion of this
species in Avon's noxious weed list due to all of its other negative attributes.
Financial Implications:
No change.
Recommendation:
Staff recommends passage of Ordinance 10 -06 and approval of the updated Noxious
Weed Management Plan.
Motion:
"I move to approve Ordinance 10 -18, Series 2010, Adopting Local Designation of
Noxious Weeds."
Town Manager Comments:
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.us /fha /invasive plants/weeds /yellow 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
http: / /plants. usda.Qov /eava/profile ?svm bol =MEOF.
Page 3 of 4 Council Memo
Exhibits:
Copy of Notice
Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
Exhibit A: Noxious Weed Management Plan to Ordinance No. 10 -18
Page 4 of 4 Council Memo
NOTICE OF PUBLIC HEARING REGARDING DECLARATION OF ADDITIONAL
NOXIOUS WEEDS
Notice is hereby given, that the Town Council of the Town of Avon, shall conduct a public hearing
at the Avon Town Hall, located at One Lake Street, Avon, Colorado, on September 28h, 2010, at
5:30 p.m. or as soon thereafter as possible, regarding the designation of additional noxious weeds.
Written comments may be e- mailed to Avon Public Works weeds ,� avon.ort,! or may be mailed to
Town of Avon, P.O. Box 975, Avon, CO 81620. Written comments received by September 22,
2010 shall be included in the Town Council materials for their review and consideration. Copies of
the Town of Avon Noxious Weed Management Plan may be obtained from the Town Hall during
normal business hours or by Gary Padilla, Avon Road and Bridge Superintendent, Avon Public
Works (970) 748 -4100 or via e-mail at weeds(u`avon,org.
The Town of Avon has adopted by reference the List A species as designated by the State of
Colorado, Department of Agriculture, in 8 CCR 1206 -2. The authority for local declaration of
noxious weeds is pursuant to the Colorado Noxious Weed Act, Article 5.5, Title 35, Colorado
Revised Statute, Ordinance No. 10 -06 AN ORDINANCE ENACTING NOXIOUS WEED
CONTROL REGULATIONS, and by the Town of Avon's home rule authority.
The declaration of additional noxious weeds includes:
Black henbane (Hyoscyamus niger)
Bull Thistle (Cirsium vulgare)
Canada thistle (Cirsium arvense)
Chinese clematis (Clematis orientalis)
Common tansy (Tanacetum vulgare)
Dalmatian toadflax, broad - leaved (Linaria dalmatica)
Diffuse knapweed (Centaurea diffusa)
Eurasian watermilfoil (Myriophyllum spicatum)
Hoary cress (Cardaria draba)
Houndstongue (Cynoglossum officinale)
Leafy spurge (Euphorbia esula)
Musk thistle (Carduus nutans)
Oxeye daisy (Chrysanthemum leucanthemum)
Perennial pepperweed (Lepidium latifolium)
Plumeless thistle (Carduus acanthoides)
Russian knapweed (Centaurea repens)
Russian -olive (Elaeagnus angusifolia)
Salt cedar (Tamarix chinensis, T.parviflora, and T. ramosissima)
Scentless chamomile (Matricaria perforata)
Scotch thistle (Onopordum acanthium)
Spotted knapweed (Centaurea maculosa)
Spurred anoda (Anoda cristata)
Sulfur cinquefoil (Potentilla recta)
Venice mallow (Hibiscus trionum)
Yellow sweet clover (Melilotus officinalis)
Yellow toadflax (Linaria vulgaris)
Copy of Notice
TOWN OF AVON, COLORADO
ORDINANCE 10 -18
SERIES OF 2010
AN ORDINANCE ADOPTING LOCAL DESIGNATION OF NOXIOUS WEEDS
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council is authorized to declare nuisances, establish fines and
penalties, and require abatement of public nuisances pursuant to its home rule authority and
pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and
WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant to
Colorado Revised Statutes §31- 15- 401(1)(d); and
WHEREAS, the Town Council is authorized to implement and enforce the Colorado
Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and
WHEREAS, C.R.S. §35 -5.5- 108(3) provides that the governing body of a municipality may
declare additional noxious weeds after a public hearing with thirty days notice to the public; and
WHEREAS, notice of the local designation of noxious weeds was posted on August 27,
2010 in accordance with requirements in Home Rule Charter of the Town of Avon; 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; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Adoption of Local Designation of Noxious Weeds. The Town Council, as the
governing body of the Town of Avon, hereby adopts the local designation of noxious weeds as
such weeds are set forth in the Town of Avon Noxious Weed Management Plan, dated August
27, 2010, attached hereto as Exhibit A.
Section 3. Noxious Weed Management Plan Adopted. The Town of Avon Noxious Weed
Management Plan, dated August 27, 2010, attached hereto as Exhibit A is hereby adopted in its
entirety.
Ord. No. 10-18 Adopting Local Designation of Noxious Weeds
Page 1 of 3
V3 9.22.10
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. Severabilit_y. 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
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.
Ord. No. 10-18 Adopting Local Designation of Noxious Weeds
Page 2 of 3
V19.22.10
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 12,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on September 28, 2010 and October 12, 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 October 26, 2010.
Brian Sipes, Mayor Pro Tem
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. 10 -18 Adopting Local Designation of Noxious Weeds
Page 4 of 3
V19.22.10
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
TOWN OF AVON
NOXIOUS WEED MANAGEMENT PLAN
ADOPTED BY THE TOWN COUNCIL ACTING AS
THE LOCAL WEED ADVISORY BOARD
ON OCTOBER 12, 2010
The Town of Avon in accordance with "Colorado Noxious Weed Act ", C.R.S. §35 -5.5 -101 et seq.
hereby designates the following plants as Noxious Weeds:
Management Method #
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Common Name:
Scientific Name:
Leafy Spurge
Euphorbia esula
Russian Knapweed
Acroptilon repens
Diffuse Knapweed
Centaurea diffusa
Spotted Knapweed
Centaurea maculosa
Canada Thistle
Cirsium arvense
Musk Thistle
Carduus nutans
Plumeless Thistle
Carduus acanthoides
Scotch Thistle
Onopordum acanthium
Houndstongue
Cynoglossum officinale
Whitetop/Hoary Cress
Cardaria draba
Yellow Toadflax
Linaria vulgaris
Oxeye Daisy
Chrysanthemum leucanthemum
Dalmatian Toadflax
Linaria dalmatica
Common Tansy
Tanacetum vulgare
Scentless Chamomile
Matricaria perforate
Salt Cedar
Tamarix chinensis
Yellow Sweet Clover
Melilotus ofcinalis
Black henbane
Hyoscyamus niger
Bull Thistle
Cirsium vulgare
Chinese clematis
Clematis orientalis
Eurasian watermilfoil
Myriophyllum spicatum
Perennial pepperweed
Lepidium latifolium
Russian-olive
Elaeagnus angusifolia
Spurred anoda
Anoda cristata
Sulfur cinquefoil
Potentilla recta
Venice mallow
Hibiscus trionum
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
ofcinalis) 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.'
' This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See:
Town of Avon: Noxious Weed Management Plan
Page 1 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List A"
species of noxious weeds to the extent they are found within the Town of Avon and identified for
mandatory eradication by the State of Colorado. It is also expressly understood that any and all
"List B" species of noxious weeds not currently listed above, but later found within the Town of
Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203-
19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to
taking enforcement action for the eradication of said species.
The Town of Avon may annually review and update this list of noxious weeds pursuant to state
statute, or sooner if necessary.
I. Introduction
The noxious weeds that have currently invaded our community have become 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
hftp://www.na.fs.fed.us/fhp/invasive plants/weeds/yellow sweetclover. df
Whitson, T.D. (ed.) at 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
http://Piants.usda.gov/iava/profile?svmbol=MEOF.
Town of Avon: Noxious Weed Management Plan
Page 2 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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.
IV. Managed Species Information
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.
Town of Avon: Noxious Weed Management Plan
Page 3 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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 diff isa) 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.
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:
Town of Avon: Noxious Weed Management Plan
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8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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 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.
Comments: 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 ofcinale) 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:
Town of Avon: Noxious Weed Management Plan
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EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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.
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.
Town of Avon: Noxious Weed Management Plan
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8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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.
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
1/2 feet to 6 feet tall with showy button -like flowers. Tansy is a member of the sunflower
family and has become widely established on the western slope of Colorado. Flowering
typically occurs from July to September. Tansy reproduces by both seed and creeping
rootstock. Management methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and
seed dispersal, eliminating seed production and maintaining healthy native communities.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: None known
Town of Avon: Noxious Weed Management Plan
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EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
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. This is an aggressive plant that
outcompetes native vegetation and consumes a lot of water. Management methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance.
Revegetation and active management of revegetated areas is needed for disturbed areas
to prevent growth of this weed.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: The Salt Cedar Leaf Beetle (Diorhabda elongate) larvae and adults feed on
foliage and can cause plant death if defoliation is consistent. This beetle is commercially
available for distribution.
d) Mechanical: A bulldozer, chainsaw, or prescribed fire can be used in conjuction with
follow -up herbicide treatment for returning sprouts.
17. Yellow Sweet Clover (Melilotus officinalis) is an annual or biennial legume which grows
from 2 to 6 feet tall. It has small yellow to white flowers in a multiflowered terminal and
along auxillary racemes, serrated trifoliate leaves, somewhat resembles alfalfa. It is not
native to Colorado and appears on disturbed sites. It is a drought - tolerant plant. Although
useful for honey producers, it causes bloat in cattle and anticoagulation of blood. The plant
degrades native grasslands and reduces biodiversity by competing for nutrients and by
covering and shading native sun - loving plant species. It reproduces by seed, producing as
many as 100,000 seeds per plant; seeds may remain viable for up to 20 years. Management
Methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance.
Revegetation and active management of revegetated areas is needed for disturbed areas
to prevent growth of this weed.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Sitona cylindricollis, the sweetclover weevil, may severely damage the plant.
Adults of the insect feed on the foliage and larvae feed on the roots of the plant. A
sweetclover root borer, Walshia miscecolrella, is a native insect that may damage
sweetclover plants on rare occasions. An ash -gray blister beetle, Epicauta fabricii, a
striped blister beetle, Epicauta vittata, and a margined blister beetle, Epicauta pestifera,
have also been found feeding on the plant. Yellow sweetclover is palatable by livestock
- within the risks mentioned above - and plant infestations may be reduced if heavily
grazed.
d) 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.
18. Black henbane (Hyoscyamus niger) was introduced from Europe as an ornamental and
medicinal herb; it is now found across on the western slope of Colorado. A mature plant
reaches 1 to 3 feet in height with foliage that has a fowl odor. Fruits are approximately 1 inch
long with 5 lobes. It is often found in disturbed open spaces, roadsides, fields, waste places
and abandoned gardens. It grows in most soil types but likes sandy or well drained loam
Town of Avon: Noxious Weed Management Plan
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EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
soils. The seed viability or longevity is considered to be 1 to 5 years. All parts of Black
henbane are poisonous to both livestock and humans when ingested. The plant is a strong
competitor for moisture and nutrients and produces a persistent litter effecting germination
and growth of native plants. Management Methods:
a) Cultural: Cultural controls are possible in theory, but are very time consuming and
expensive. Complete removal of any seedlings or newly established plants by continual
hand pulling is also possible.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: N/A
d) Mechanical: Hand pull or dig from moist soil, so the entire tap root system can be
removed. Tillage will control henbane, but is usually not recommended due to the land it
occupies: rangeland, roadsides and pastures. Be sure to bag specimens carefully if
removed during or after flowering.
Comments: A preventable measure is to guard against disturbance and overgrazing.
Controlling plants in the spring or early summer prior to seed production is most effective,
follow -up treatments are recommended to pick up missed or late bolting plants.
19. Bull Thistle (Cirsium vulgare) is a biennial forb that was accidently introduced to North
America as a seed contaminant. In Colorado, Bull thistles are the only species that are
prickly hairy on the top and are cottony -hairy on the undersides of the leaves. Mature plants
can produce up to 4,000 seeds per plant. Commonly seen in areas such as pastures,
overgrazed rangeland, roadsides, and logged areas. It is not especially shade tolerant.
Bull thistle is an aggressive weed and is often a transient species, appearing in recent clear
cuts or disturbed areas and becoming a dominant species for several years. It has been
reported to cause hay fever in some individuals and is often confused with musk thistle. Bull
thistle infestations have been reported to occur in nearly all Colorado counties west of the
continental divide, in the Upper Arkansas Watershed, and in pockets on the plains. Heavy
infestations can reduce livestock forage. The presence of bull thistle in hay decreases the
forage value and lowers the market price. Management Methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and
seed dispersal, eliminating seed production and maintaining healthy native communities.
Contact your local Natural Resources Conservation Service for seed mix
recommendations. Maintain healthy pastures and prevent bare spots caused by
overgrazing.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Urophora stylata, a fly predator, is used to help control this thistle. The
female fly lays eggs in the seed head of the thistle. The maggot then consumes the seed
in the flower. This species has overwintered in Colorado but the limited numbers will not
allow for general redistribution. For more information, contact the Palisade Insectary of
the Colorado Department of Agriculture at 970 -464 -7916.
d) Mechanical: Because biennial thistles do not reproduce from their roots, any mechanical
or physical method that severs the root below the soil surface will kill the weed. It is
necessary to revegetate the site with desirable plants. Tillage, hoeing, or even hand -
pulling should be successful (not on rangeland), providing it is done before the
reproductive growth stages.
Town of Avon: Noxious Weed Management Plan
Page 9 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
Comments: The key to effective control is maintaining healthy pastures and rangeland,
guarding against disturbance or overuse, and to limit seed production by collecting and
destroying plants with seeds. Chemical control is most effective when plants are in rosette
stage, spring or early fall. Mechanical controls can be used to eliminate small patches or
plants in a later growth stages.
20. Chinese clematis (Clematis orientalis) is an herbaceous to woody vined perennial which
can climb up to 12 feet. It is native to Eurasia. It has solitary flowers with four yellow
sepals (flowering from August to September) which produces numerous feathery, long- tailed
fruits which are conspicuous all winter. This plant prefers roadsides, riparian corridors, and
rocky slopes although it is sometimes found in open woods. This species can cause death to
young trees and brush. It outcompetes native shrubby and herbaceous species. Plants will
completely cover rock walls, trees, bushes and fences. The juice of freshly crushed leaves
and stems have blister causing agents. Management Methods:
a) Cultural: N/A
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: N/A
d) Mechanical: Handpull or dig when soil is moist. Make certain to pull all the roots. Bag
specimens carefully so as to not scatter seeds if flowering.
21. Eurasian watermilfoil (Myriophyllum spicatum) is an aquatic weed with feathery
underwater foliage that is native to Northern Europe and Asia. Eurasian watermilfoil spreads
most commonly by stem fragmentation, runners, and from free floating plants which
eventually root. It can also spread by seed. The plant is typically submersed with stems to 4
m long. Habitats for Eurasian watermilfoil include: ponds, lakes, rivers, streams, canals, and
ditches. Usually the plant inhabits slow moving water areas but can infest fast moving
water, such as streams and rivers. Eurasian watermilfoil is very invasive. The plant forms
very dense mats of vegetation on the surface of the water. Mats interfere with recreational
activities (e.g. swimming, fishing, skiing, boating, etc.), create mosquito habitat, reduce
native vegetation, and clog intake structures in power generation, irrigation systems, and
potable water intakes. Management Methods:
a) Cultural: Prevention of Eurasian watermilfoil is the best cultural control. Other methods
of cultural controls are possible in theory, but are very time consuming and expensive.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: There is biological control available for Eurasian watermilfoil, but it is not
yet approved for use in Colorado. For more information, contact the Palisade Insectary
of the Colorado Department of Agriculture at 970 - 464 -7916.
d) Mechanical: Hand pulling, raking, harvesting are effective at reducing current abundance
of plants and is useful to clear channels or maintain access. However; it is not a very
good long term control and is very expensive, labor intensive, and several removals are
needed each year.
Comments: The key to effective control is typically prevention of uncontrolled
monocultures . Chemical and mechanical controls are well developed, but provide short to
medium -term control.
22. Perennial pepperweed (Lepidium latifolium) is an extremely invasive perennial forb
introduced from Europe and Asia as a containment in sugar beet seed. Pepperweed
reproduces both by seed and vegetatively by roots and shoots. Pepperweed has tiny white
Town of Avon: Noxious Weed Management Plan
Page 10 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
spoon - shaped petals on the flowers. It readily invades disturbed and bareground areas.
Pepperweed is a serious threat because it alters ecosystems by acting as a "salt pump"
absorbing salts from deep in the soil. The plant then excretes the salt through the leaves and
deposits it on the surface soil. Since most desirable plants do not tolerate high saline
concentrated soils, the entire plant composition and diversity of the area changes. Large
monocultures and dense litter layers prevent native plants from regenerating. Pepperweed
displaces native plants and wildlife habitats, reduces food quality for wildlife and reduces
agricultural and pasture production. Management Methods:
a) Cultural: Prolonged spring flooding of new growth will kill pepperweed. Grazing is not
recommended because the plant may be toxic. Reestablishing the native or desired plants
can take years, so repeat plantings must be repeated, but it can aid in controlling
populations.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Biological control is not a viable option because 11 other species of native
Lepidium are on the Endangered species list, and the risk to these species as well as
agricultural species is too great.
d) Mechanical: Due to the deep, brittle root, most mechanical methods are not recommend,
and can actually propagate, spread and increase the density of pepperweed. Hand pulling
can also bring seeds to the soil surface, and spread pieces of root, which will sprout.
However, spring mowing combined with chemical treatments can be effective.
Comments: It is important to prevent establishment of large populations via early detection
and removal. Planting desirable and competing grasses and forbs is recommended
Herbicide treatments are a good option if used during the bud to flowering stage of the plant.
23. Russian -olive (Elaeagnus angusifolia) is a perennial tree or shrub that is native in Europe
and Asia. The plant has olive- shaped fruits, silver color at first then becoming yellow -red
when mature. Russian olive can reproduce by seed or root suckers. Seeds can remain viable
for up to 3 years. The plants extensive root system, sprouts root suckers frequently. The
lower surface is silvery white with dense scales, while the upper surface of the leaf is light
green in color. Previously thought to be a beneficial windbreak tree, it since has been
deemed detrimental to the environment because it competes native vegetation, interferes
with natural plant succession and nutrient cycling, and taxes water reserves. Russian olive
can grow in a variety of conditions. Although Russian-olive provides a plentiful source of
edible fruits for birds, ecologists have found that bird species richness is actually higher in
riparian areas dominated by native vegetation. The key to effective control of Russian olive
is preventing establishment of the trees or shrubs. The state of Colorado mandates control
state -wide and requires eradication in most riparian areas. Management Methods:
a) Cultural: N/A
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
Biological: Tubercularia canker overwinters on infected stems and spreads via rain -
splash, animals, or pruning implements to open wounds in the bark. Infected tissue
becomes discolored or sunken. Entire stems may be girdled and killed, and the disease
can deform or kill stressed plants over time. For more information, contact the Colorado
Department of Agriculture's Insectary in Palisade, Colorado at 970 - 464 -7916.
d) Mechanical: Cut down the tree. Mowing with a brush type mower, followed by removal
of cut material, is another options for smaller shoot - hedges. Stump sprouting commonly
occurs after cutting down the tree, and excavation of the entire stump can trigger root
Town of Avon: Noxious Weed Management Plan
Page 11 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
sprouting. Burning is practical when conditions support a long hot fire and most effective
in summer or early fall (burn permit required, call the Eagle River Fire Protection
District at 748 - 9665).
Comments: As a water conservation measure, Avon requires elimination of existing Russian
Olive trees from water courses but allows continued stand on higher ground where property
owners commit to control measures. Avon's weed management requirements on this species
are as follows:
• Removal is required if the tree is within 25 feet of the high water mark of a permanent
creek, stream, river; or within 25 feet of the top or rim of an irrigation canal, ditch or
ephemeral water course.
• Removal or control is allowed if tree is outside of water course boundaries.
A written commitment by the property owner or property manager for controlling the spread
of this species must be on -file to remain in compliance with Avon's Noxious Weed
Ordinance. Contact Avon Public Works, 500 Swift Gulch Rd, Avon 81620, call 970 -748-
4100 or by e-mail at weeds @avon.org.
Replacing with native trees is important once Russian olive has been removed, and is
required when the tree had previously been part of approved site landscaping. Contact Avon
Community Development at 970 - 748 -4030 for information about modifying your
landscaping plan.
24. Spurred anoda ( Anoda cristata) is a summer annual forb with a low growing, spreading
profile. The seedlings have one round and one heart- shaped cotyledon with hairs along the
margins of the leaves. The flowers appear August through November and are light blue to
lavender in color. Habitats include: ditches, within crops, along roadsides, gardens, waste
areas and disturbed sites. Spurred anoda is considered an agricultural weed and is found
mainly in agricultural crops (corn, cotton, beans, etc.). 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: N/A
c) Biological: N/A
d) Mechanical: Hand pulling or digging when soil is moist, making sure to get the roots to
prevent resprouting. Removing flowers before the plant sets seed will also be effective.
Be sure to bag specimens carefully as not to spread seeds.
Comments: Preventing seed production is key. Small patches can be controlled by hand
pulling or hoeing
25. Sulfur cinquefoil (Potentilla recta) is a perennial forb that is native to Eurasia. Leafstalks
have conspicuous perpendicular hairs and leaves appear green on the underside; plants can
grow 28 inches in height. The flowers are pale yellow. Sulfur cinquefoil grows on dry
sandy, gravelly, and rocky soils. Bareground is prime habitat for weed invasions. It is important
to properly identify sulfur cinquefoil, since it resembles the native cinquefoils. Management
Methods:
a) Cultural: Increasing the competitiveness of native species can assist in preventing
establishment of Sulfur cinquefoil. Contact your local Natural Resources Conservation
Service for seed mix recommendations.
Town of Avon: Noxious Weed Management Plan
Page 12 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Biocontrol species have been used in trials, since Sulfur cinquefoil is similar
to strawberries though, the insects used are considered pests. For more information,
contact the Colorado Department of Agriculture's Insectary in Palisade, Colorado at 970-
464 -7916.
d) Mechanical: Mowing is not effective, as new shoots will replace the cut steams. Hand
dig or pull when soil is moist is effective on small infestations. Be sure to dig up as much
of the root system as possible, especially since root fragments can produce new plants.
Comments: Hand pulling or digging when infestations are small and the soil is moist
combined with use of herbicides has proven to be effective.
26. Venice mallow (Hibiscus trionum) is a summer annual forb that has a spreading profile and
is native to Europe. The seeds are dark brown and can remain viable for 50 years. The
cotyledons are round with hairy petioles. The stems are erect and hairy, growing to about 18
inches tall. The first true leaves have toothed margins and are alternate. Flowers are a light
sulfur to yellow color with a red to purple center which only last a couple of hours. Venice
mallow is an agricultural weed. Management Methods:
a) Cultural: Outcompeting Venice mallow, is difficult with native grasses and forbs, since
Venice mallow likes agricultural crop areas. But, contact your local Natural Resources
Conservation Service for seed mix recommendations that may help in rangeland areas.
Bareground is prime habitat for weed invasions.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: N/A
d) Mechanical: Hand pulling or digging when soil is moist, making sure to get the roots to
prevent resprouting. Removing flowers before the plant sets seed will also be effective.
Be sure to bag specimens carefully so as not to spread seeds.
Comments: Best control is to prevent establishment of the plant and seed production with
early detection and physical removal. Herbicide treatments are another control option.
Multiple applications or a pre- emergence application will be most effective. When soils are
moist, hand pulling or digging is effective provided that you bag the removed plants.
V. Acknowledgements
The Town of Avon sincerely appreciates the great work done by botanists, scientists, and
others at the State of Colorado, Department of Agriculture and at the Colorado State
University Extension offices. These resources were the primary source of all of the technical
information contained in this plan. State and CSU staff reviewed this document prior to the
Town's 2010 adoption.
Town of Avon: Noxious Weed Management Plan
Page 13 of 14
8/27/2010
EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010
Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds
State of Colorado
Department of Agriculture
Noxious Weed Program
(303) 239 -4100
http: / /www.colorado.gov /cs /Satellite /A,grriculture- Main/CDAG/ 1174084048733
Colorado State University Extension
Eagle County Office
P.O. Box 239
441 Broadway
Eagle CO 81631
(970) 325 -8630
http: / /www.eaglecounty.us/c u/
For more information, including color photos of all the species listed here, please
contact either of the above resources.
If you have general questions on noxious weeds or have received a noxious weed
violation notice, please call Avon Public Works at (970) 748 -4100.
Town of Avon: Noxious Weed Management Plan
Page 14 of 14
8/27/2010
Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst. Town Manager — Community Development
Date: October 19, 2010
Re: Second Reading of Ordinance 10 -14 Amending the Avon Municipal Code by Enacting
Title 7: The Avon Development Code, Repealing Title 16: Subdivisions, Repealing
Title 17: Zoning, and Repealing Portions of Title 2: Administration and Personnel.
Summary
This is the second reading by the Avon Town Council of Ordinance 10 -14, adopting the Avon Development Code
and repealing Title 16 (Subdivision), Title 17 (Zoning) as well as related sections of Title 2 (Administration &
Personnel), Title 5 (Building and Construction) and Title 8 (Health and Safety) of the Avon Municipal Code.
Background
On July 6, 2010, the Planning and Zoning Commission (PZC) approved Resolution 10 -03 recommending
adoption of the Avon Development Code with conditions. The Town Council began its review of the Code on
July 23, 2010. After considering the PZC recommendation and all public comments, the Council completed its
review of the proposed Code on August 24th and directed staff to prepare a revised Code for a first reading of
Ordinance 10 -14, adopting the Avon Development Code.
The Council approved the first reading of Ordinance 10 -14 on September 28th, and agreed to additional Code
revisions as described in the Town Attorney's memorandum dated October 5, 2010, and the Community
Development memorandum dated October 10, 2010.
In addition, staff added a definition of "Out Parcel" and clarified that Revocation of a Final PUD (Sec 7.16.0600)),
is applicable only to PUD's with an underlying zoning classification.
Grammatical and typographically errors have also been corrected.
Manager Comments:
rf
Attachments:
Exhibit A - Ordinance 10 -14
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended �nly 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
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
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.
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 2 of 4
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
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.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC BEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
Brian Sipes, Mayor Pro -Tem
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 October 26, 2010.
Brian Sipes, Mayor Pro -Tem
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -14 Adopting Avon Development Code 10 -20 -10 ejh
Page 4 of 4
Sally Vecchio
From: Chuck Madison [cmadison @eastwestpartners.com]
Sent: Thursday, October 21, 2010 9:48 AM
To: Sally Vecchio
Cc: Larry Brooks; Eric Heil Email
Subject: Avon Development Code
Sally,
I noticed a couple of items in the land use code that you may want to take another look at:
Pg.158 7.28.090(8)(4) Townhouse Design Standards
This section seems to encourage or require repetition of architectural elements "so it is evident where the unit begins
and ends ". You may want to consider emphasizing the language that suggests varying the offsetting building walls,
varying materials etc. and eliminating language that supports repetition of architectural elements. This would
encourage more variety and architectural interest for the building elevations in townhome projects.
Pg. 62 7.26.060(b)(5) Unified Control (of a PUD)
This section reads in part "The entire area of the proposed development shall be under single ownership or unified
control, such that there is a single entity having responsibility for completing the entire project."
This seems too broad. Perhaps it is meant to say that a single ownership is responsible for the infrastructure of a PUD.
Having a single ownership responsible for all infrastructure may even be difficult in some PUD's.
In the Riverfront PUD, we have sold two parcels of land to Starwood Vacation Ownership so we as the master developer
are not "completing the entire project ".
Hope these comments are helpful.
chuck madison
east west
970.748.7582 o 1970.845.7205 f
po drawer 2770 1 126 riverfront lane 5th floor ( avon, co 81620
www.eastwes!partners.com
Agc!,)STUMS, INC.
a_
�/I � ��l
ARC19ECNRE DESIGN � STRATEGY
10119110
To: Town Council —Town of Avon
Re: Avon Development Code —September 21, 2010 TC Strikethrough Draft
Review Commentary
Page: l of 3
Upon a preliminary partial review of the referenced documents I respectfully submit the following comments for your consideration:
Pg 24 Definition: Basement
The International Building Code (IBC) defines basement as:
BASEMENT. That portion of a building that is partly or completely below grade(see "Story ahoregrod4
1 Even thought this is a land use code I believe that it is appropriate to have this type of definition coordinate with
the building code that will govern the structure that will be built on the land the land use code governs.
Pg 44/45 lodude a definition for the term "Outporcel"
Pg 144 (6) Question the term "better" in line 5. Who determines what this moons? Is it more efficient, safer, easier to access?
Pg 145 (ii) There is no doubt that safety is a key concern in driveway design. This particular revised douse aeates the
unintended consequence of potentially creating larger (higher and longer) retaining wails to contain the driveway
design required by this language. The Town of Avon Planning and Zoning Commission has been working to mitigate
the visible impact of long and high retaining walls whether concrete, stone or MSE (Mechanically Stabilized Earth —
commonly known as keystone blocks) as a significant concern in residential lot development specifically in Wildridge.
There are alternatives to the proposed language that can meet both the safety and design criteria we all seek.
Pg 157 (h) (ii) Why are we preventing property owners from removing dead plant materials from their she, or more specifically
placing the control of that activity on the desk of the Community Development Director? This seems to be o very
unnecessary bit of she control that does not currently exist.
Pg 166 (9) To be sure I strongly support providing solar access to sites. When we use the language that is currently added in red
in this specific section: "To ensure that optimal solar access and exposure is available for all sites and buildings." The
following should be considered-
1 There is no definition for solar access in article 7.08.010
Without a definition of solar access the proposed language could be construed as protecting daylighting access to a
ground floor retail space which could then be negatively impacted by proposed adjoining development that meets
the entitled height and size criteria.
This code should therefore probably clarify the type of solar access this language intends to address with this
language: solar renewable, daylighting, public space access or other.
upstudios.com
Media ON74110474
fax 070i148i9476
2989 June Creek Trail #1
PO Box 19457
Avon, Colorado 81620
AgOSTUDIOS, INC.
ARCHITECTURE DESIGN; STRATEGY
10119110
To: Town Council — Town of Avon
Re: Avon Development Code — September 21, 2010 TC Strikethrough Draft
Review Commentary
Page: 2 of 3
Pg 161 2.v When terms such as... "in an equitable manner." This is a subjective definition and should be more dearly defined to
remove the subjective nature of this evaluation.
Pg 110 (4) It is my professional opinion the language reading "The contrast between buildings and the environment shall be
minimized" is unnecessary. This is covered in subsequent language of this article and article 4 iv in the some section.
Pg 180 (3) ii Define Out parcels
Pg 183 (4) 1 The tern "positive" in line 2 is subjective and should be removed or more dearly defined
Pg 187 (D) This language should note the primary entry to these spaces should be from the sidewalk and should not prevent
secondary entry from a lobby or internal spans.
Pg 187 (H) I don't think prohibiting all glass or oil metal doors does anything to improve the architectural character of Avon and
would strongly urge this language be struck.
Pg 188 (vii) A line 4: Now do we define fake or faux materials?
Pg 188 (vii) B Masonry and Stone Veneer: This language overly regukrtes stone masonry, design, joints and types of coursing. I
believe we are trying to encourage stone masonry and we should define the general manner in which we want to
review the proposed masonry, rather than micro managing specifics.
Pg 190 (ix) C I understand why this language is in this document but do not feel it adequately describes what the Town is
attempting to achieve and would recommend the language be modified to more dearly identify the architectural
character we seek.
Pg 191(H) I The language as currently written does not make compliance easy. Do we teed a document from a window
manufacturer to state their product was specifically designed for the project in which that window is being installed?
Pg 191 (H) 2 Line 5: This does not complement the language previously cited on pg181 that prohibits all glass or all metal doors.
agostudios.com
studio 1910114819414
fax 1910114819416
29091uoe Creek Trail #1
PO Box 18451
Avon, Colorado 81620
AgO STUDIOS, INC.
10119110
To: Town Council — Town of Avon
Re: Avon Development Code —September 21, 2010 TC Striketbrough Draft
Review Commentary
Page: 3 of 3
ARCHITECTURE i DESIGN i STRATEGY
Pg 192 (IQ 3 Prescribing windows and limiting them to 25% to 50% of the upper facades is overly restrictive and does not
necessarily support new daylighting requirements of codes currently being developed that promote daylighting.
Overly prescriptive language such as this should be replaced with language that more dearly defines intent and
provides an opportunity to promote a performance based compliance path to the code. This type of language is being
moved away from at a national code development level.
Pg 221 Q 1 How will the council define that an entity has adequate funding for road maintenance in perpetuity? While I
understand the concept the term perpetuity essentially means forever. Is that what is intended?
GENERAL:
1 When we use subjective terms the code is more difficult to administer. I would recommend all subjective terms be removed from
the proposed code language.
Thank for t opportunity rovide this commentary / review for your consideration.
Christopher 1. Gr n, AIA, i:EED AP
President i
apstudios.com
studio 010174819474
fax 1910174819476
2909 June Creek Tmil #1
PO Box 18457
Ayes, Colorado 81620
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: October 21, 2010
SUBJECT: Ordinance No. 10 -14 Adopting the Avon Development Code
Summary: This memorandum describes the voting requirements and procedural
considerations for second and final reading of Ordinance No. 10 -14 Adopting the Avon
Development Code and describes the request and response for Town Staff analysis
related to the Riverfront Village PUD.
Voting Procedures: Section 6.2 Voting of the Avon Home Rule Charter ( "Charter ")
states, "Every ordinance shall require the affirmative vote of a majority of the
membership of the entire Council for final passage." Section 4.1 Town Council of the
Charter defines Town Council as seven (7) members. In the absence of the Mayor, the
Mayor Pro -Tem has the power to break tie votes but shall not have a vote as a council
member when so acting, Section 4.5 Mayor Pro -Tem. Therefore, the passage of an
ordinance on second and final reading requires the concurring affirmative vote of four
(4) Council members NOT INCLUDING THE MAYOR PRO -TEM.
Procedurally, in the event that there are not four (4) concurring votes to approve
Ordinance No 10 -14 on Tuesday evening the following options remain:
1. Council can entertain a motion to reject Ordinance No 10 -14, which motion would
only require a majority vote of the voting members of Council present (i.e. 3
concurring votes). If this motion passed then the process to amend the Avon
Municipal Code would need to start at the beginning with a notice and public hearing
by the Planning and Zoning Commission, public hearing by Town Council, and
consideration of new ordinance.
2. Council can entertain a motion to continue the public hearing and consideration of
Ordinance No 10 -14 on second and final reading to the next regular Town Council
meeting on November 9, 2010.
3. Council can take no action, in which case Ordinance No 10 -14 would be deemed
rejected and the process to amend the Avon Municipal Code would need to start at
the beginning.
East West Partners: East West Partners requested an analysis by Town Staff of the
potential applicability of the Avon Development Code on the Riverfront Village PUD and
subdivision. Attached is the response letter which has been provided to Rick Travers,
representing East West Partners.
Thanks, Eric
Heil Law & Planning, uC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
HEIL LAW
& PLANNING, LLC
Eric Heil, Esq., A.I.0 P.
1499 Blake Street, Unit 1 -G
Denver, CO 80202
October 21, 2010
Richard D. Travers, Esq.
Sherman & Howard L.L.C.
1000 S. Frontage Rd. W., Suite 200
Vail, CO 81657
Office: 303.975.6120
Fax: 720.836.3337
e -mail: ericheillaw@gmaii.com
Sent via E -Mail: rtraversr,'ashermanhoward.com
RE: Riverfront Village PUD, Avon, Colorado
Dear Rick,
This letter responds to your request for an assurance by the Town of Avon that the Riverfront
Village PUD project is vested as defined and stated in the Amended and Restated Development
Agreement, The Confluence, dated March 14, 2006 ( "Development Agreement "). This letter
replaces and supersedes the previous letter I provided dated October 13, 2010, based upon
subsequent discussions.
As you may be aware, the Town of Avon has adopted a number of amendments to the Avon
municipal code since 2006, including revisions to the building code and vested property rights
regulations. Also, the Avon Town Council is currently considering the adoption of an Avon
Development Code, which would revise and re- codify subdivision, zoning and certain
administrative provisions of the Avon Municipal Code.
The Development Agreement does establish a vested property right for a term of twelve
years. Paragraph 3.4 of the Development Agreement states as follows:
"3.4 Property Rights Vested. The rights identified below shall constitute the
vested property rights under this Agreement:
(a) The right to undertake and complete the development and use of the
property within the Confluence in the manner and to the extent set forth in and
pursuant to this Agreement and the Development Standards.
(b) The Town shall not initiate any zoning or land use action that would have
the effect of materially altering, impairing, preventing, diminishing, imposing a
moratorium on development, or otherwise delaying the development and use of
the property as set forth in this Agreement or the Development Standards."
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 2 of 8
The Development Agreement expressly allows the Town to apply newly enacted or revised
regulations to the Riverfront Village PUD provided that such regulations do not materially
impair the Owner's rights under the Development Agreement. Paragraph 3.8 states as follows:
"3.8 Compliance with General Regulations. Except as otherwise provided in
this Agreement or the PUD Development Plan, the establishment of vested
property rights under this Agreement shall not preclude the application on a
uniform and non - discriminatory basis of Town regulations of general applicability
(including, but not limited to, building, fire, plumbing, electrical and mechanical
codes, the Municipal Code, and other Town rules and regulations, except as
otherwise provided in this Agreement and the PUD Development Plan) or the
application of state or federal regulations, as all of such regulations exist on the
date of this Agreement or as may be enacted or amended after the date of this
Agreement, provided that such newly enacted or amended Town regulations shall
not directly or indirectly have the effect of materially altering, impairing,_
preventing, diminishing posing a moratorium on development, delaying or
otherwise adversely and materially affecting any of Owner's rights set forth in
this Agreement or the PUD Development Plan. Owner does not waive its right to
oppose the enactment or amendment of any such regulations." [emphasis added].
Therefore, in accordance with the language in the Development Agreement, the Town may
apply newly enacted or amended regulations provided that such new regulations do not
materially impair, etc., Owner's vested property rights. The terms of the Development
Agreement and Development Standards in the Riverfront Village Subdivision PUD Development
Plan ( "PUD Plan") define the vested property rights, as stated in paragraph 3.4 of the
Development Agreement. The application of new regulations which address matters that are not
specifically defined in the Development Agreement or Development Standards in the PUD Plan
and the determination of what constitutes a "material" impairment, etc., of vested property rights
ultimately cannot be determined until a specific application is submitted and the Town of Avon
renders a final decision on such application.
I acknowledge that you have expressed a different opinion on behalf of East West Partners
regarding the interpretation and application of vested property rights relative to the Riverfront
Village PUD and that we continue to disagree as to the scope and effect of such vested property
rights. Receipt by you of this letter and other recent communications discussing vested property
rights will not be deemed to in any way limit East West's right to assert its position relative to
these rights.
With the foregoing in mind, this letter outlines the Town Staff's understanding of the existing
approvals for the Riverfront Village PUD in relationship to the proposed Avon Development
Code. The existing Avon Municipal Code is referred to as "AMC." The proposed Avon
Development Code is referred to as "ADC."
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 3 of 8
ADC 7.16.020 General Procedures and Requirements. The general procedures and
requirements would apply to the Riverfront Village PUD with the exception that 7.16.020(h)
does not supersede the twelve year vested property right term.
ADC 7.16.060 Planned Unit Developments (PUD).
Review Criteria— Overall, I believe the review criteria in the ADC address similar subjects in the
AMC while improving the definition of such criteria. The PUD review criteria would only apply
to the review of applications to amend the Riverfront Village PUD and would not apply to
building permits, design review or other development application processes. A specific
comparison of the PUD review criteria in the ADC to the AMC is provided as follows:
7.16.060(e)(4)(i) — replaces 7.20.110(h)(6) and (8) and 17.28.085(3). This criteria requires a
finding that the PUD zoning is better than the underlying zoning.
7.16.060(e)(4)(ii) — this is a new criteria requires a finding that the PUD application would
promote the general health, safety and welfare. NOTE: This criteria is redundant with a
required general safety clause finding in the passage of ordinance, and is therefore intended as a
reminder of this required general findings.
7.16.060(e)(4)(iii) — in part, this provision is similar to 17.20.110(h)(1) (AMC states
"conformity" with Comprehensive Plan goals and objectives, ADC states "consistent" with Avon
Comprehensive Plan). Replaces 17.20.110(h)(2) "Conformity and compliance with ...design
theme of the Town ...." Replaces 17.20.110(h)(7) compatible with Transportation plan. This
criteria includes the purposes of the Development Code and the eligibility criteria in 7.16.060(b).
7.16.060(b)(4) and 7.16.060(e)(4)(vi) — replaces 17.20.110(h)(4). AMC states uses provide
compatible, efficient and workable relationship; ADC states PUD uses shall not "impede"
surrounding uses, and "not likely to result in significant adverse impact upon other property."
7.16.060(b)(8) and 7.16.060(e)(4)(v) — replaces 17.20.110(h)(5). AMC states identify, mitigate
and avoid impacts to natural and/or geologic hazards; ADC states site features would be
preserved which would otherwise be allowed by underlying zone district and "not likely to result
in significant adverse impacts" on natural environment.
7.16.060(e)(4)(iv) — replaces 17.20.110(h)(10) and (11). AMC states "Adequacy of public
services" and existing streets are "suitable and adequate." ADC states "will be available to serve
the subject property while maintaining adequate levels of service to existing development;"
7.16.060(e)(4)(vii) — replaces 17.20.110(h)(3). AMC states, "Design compatibility with
immediate environment, neighborhood and adjacent properties . . . . " ADC states, "uses ... will
be compatible in scale with uses or potential future uses ..."
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 4 of 8
7.16.060(b)(6) — replaces 17.20.110(h)(12) and 17.28.085. AMC demonstrates public purpose,
provides long -term economic, cultural or social community benefits, and results in better design,
etc. ADC states PUD provides benefit to general public which would otherwise be infeasible or
unlikely under the existing zoning.
17.20.110(h)(9) regarding phasing is not incorporated into the ADC.
7.16.060(b)(5) establishes a new requirement that requires unified control of the PUD to
complete the project.
Administrative Amendments — The provisions of paragraph 3.2(b) in the Development
Agreement supersede ADC 7.16.020(g) and therefore are not affected by the proposed Avon
Development Code. Paragraph 3.2(b) in the Development Agreement would not restrict or
prevent the owner of the Riverfront Village PUD from seeking administrative amendments in
accordance with ADC 7.16.020(g).
Revocation Procedures — 7.16.060(j) Revocation of a PUD does not apply to PUDs with vested
property rights; rather, revocation is intended to apply to situations where zoning is changed to
PUD, the PUD is not constructed as proposed, and the Town desires to revoke the PUD and
revert to the underlying zoning.
7.16.110 Variance. The review criteria are the same in the ADC as the AMC, with the
exception that 17.36.040(1) was not codified.
7.16.140 Vested Property Rights. AMC Chapter 7.14 Vested Property Rights was revised in
2006 and again in early 2009. The provisions for considering the forfeiture of a vested property
right establish notice and hearing procedures to afford a property owner due process rights. The
criteria for consideration of declaring a forfeiture tracks the language in the Vested Property
Rights Statute, i.e., "failure to abide by the terms and condition of the vested property right." I
acknowledge that you have expressed a different opinion on behalf of East West Partners with
respect to vested property rights and that you have reserved rights on behalf of your client as
discussed on page 2 of this letter.
The Town recognizes that the obligations set forth in section 3.5 of the Development
Agreement have been satisfied or are in compliance; therefore, the Town does not foresee any
issues arising from a "failure to abide by the terms and conditions" of the Development
Agreement.
Chapter 7.20 Zone District and Official Zoning Map and Chapter 7.24 Use Regulations are
not applicable to the Riverfront Village PUD.
Chapter 7.28 Development Standards.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 5 of 8
7.28.020 Parking and Loading. The Parking standards set forth in the Development Standards
of the Riverfront Village PUD Plan supersede both the AMC and ADC with regard to "specific
requirements by use" and with regard to the dimensional standards for Lots 1 and 3 (General: 3.)
Due to the specificity of designs for Lot 4 and other information submitted during the approval
process for the Riverfront Village PUD, the Town Staff has determined that the loading
requirements in the proposed Avon Development Code are not applicable to Lots 4, 5, 6 and 7.
7.28.020(b)(5) Ownership. This provision would be applicable to the Riverfront Village PUD.
Table 7.28 -1 would be applicable to the Riverfront Village PUD; however, the stall width would
need to be scaled as applied to the Riverfront Village PUD to use the 8'9" wide stall width.
NOTE: The ADC permits narrower drive lanes than the Riverfront Village PUD Plan.
Many parking standards appear less stringent in the ADC (retail and office) and some
standards are more stringent (2 spaces per residence in ADC rather than 1.2 in PUD Plan).
7.28.0200) Bicycle facilities, 7.28.020(k) Design and Maintenance, and 7.28.020(1) Snow
Removal and Storage, would be applicable to the Riverfront Village PUD. Snow Storage is
similar to the requirement set forth in the definition of Snow Storage in AMC 17.08.775.
7.28.050(f) Parking Lot Landscaping establishes new standards for parking lot landscaping
which replaces 17.24.020(a)(11). The AMC states that parking lot landscaping "shall be in
keeping with the character of the Town." The ADC establishes specific standards.
7.28.030 Access Drive Requirements. The Riverfront Village PUD Plan designates the vehicle
accesses on Page 3 of the Riverfront Village PUD Plan and the streets with driveway cuts have
already been constructed. The ADC standards for vehicle access would not apply unless a
substantial change in the location and/or use of the property was proposed.
7.28.040 Mobility and Connectivity. The Riverfront Village PUD already addressed this issue
with overall site layout, pedestrian connection across the railroad, connection to the river trail
through public plaza, and dedication of river front area. This standard is not applicable.
7.28.050 Landscaping. The landscaping standards found in the ADC are more restrictive and
specific than those found in Title 17 and apply to all new development. The Riverfront Village
PUD would meet the standards in the ADC provided the "master landscape and public design
plan" referenced in General Note 15 on the PUD ( Riverfront Subdivision and PUD Development
Plan, Ord. 06 -03) is implemented with new development in the PUD.
7.28.060 Screening. The ADC contains greater specificity than Title 17 and would apply to
new development in the Riverfront Village PUD except as otherwise depicted on the "master
landscape and public design plan" referenced in General Note 15 on the Riverfront Village
PUD.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 6 of 8
7.28.070 Retaining Walls. The standards in the ADC are less stringent than the existing AMC.
The new retaining wall standards would be applicable to the Riverfront Village PUD except as
otherwise specified on Sheet 2 of the Riverfront Village PUD (I.F.4 and II.C.2) and according to
General Note 15 on the Riverfront Village PUD, as stated above.
7.28.080 Fences. This provision would apply to the Riverfront Village PUD.
7.28.090 Design Standards. Neither the Development Agreement nor the Riverfront Village
PUD Plan includes a clear statement as to the relationship or hierarchy of the Design Standards
on Sheet 2 of the Riverfront PUD Plan. The Development Agreement expressly references the
"Development Standards" rather than the " Riverfront PUD Plan" (see Development Agreement
paragraphs 3.3 and 3.4). Regardless of whether the "Design Standards" are vested, the Design
Standards are approved in the Riverfront Village PUD Plan; therefore, the Riverfront Village
PUD Plan Design Standards apply so long as the PUD zoning is in effect. I acknowledge that
you have expressed a different opinion on behalf of East West Partners regarding the
interpretation of whether the Design Standards are vested under the Development Agreement and
that you have reserved rights on behalf of your client as discussed on page 2 of this letter.
Due to the extensive and specific nature of the Design Standards on page 2 of the Riverfront
Village PUD Plan many aspects of design as set forth in the existing Design Guidelines and
proposed Design Standards in the ADC are addressed in the Riverfront Village PUD Plan Design
Standards.
Most of the requirements in 7.28.090(c) Generally Applicable Design Standards are not
applicable because these design issues have been addressed and approved in the Riverfront
Village PUD, including:
(1) Site Disturbance Envelope,
(2) Site Design,
(3) Building Materials and Colors, and
(4) Roofs
7.28.090(c)(5) Weather Protection for Pedestrian Access would apply to the Riverfront
Village PUD.
7.28.090(d) Generally Applicable Residential Design Standards. These standards would only
apply to the townhome portion of the Riverfront Village PUD. Most aspects of the Residential
Design Standards are already addressed in the Riverfront Village PUD Design Standards, and are
therefore not applicable. 7.28.090(d)(4)(v) [materials for fences] is not addressed in the
Riverfront Village PUD Design Standards, therefore this standard would be applied the
Riverfront Village PUD for the townhome portion of the development.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 7 of 8
7.28.090(h) Multi- Family Design Standards. This design standard in the AMC would only
potentially apply to residential development on Lots 4, 5, 6 and 7. (1) Site Layout is not
applicable because the building footprints are already designated on the Riverfront Village PUD
Plan. (2) Patios and Balconies would be applicable for residential development. This
requirement would not apply to "accommodation units" as defined in the ADC. The ADC
establishes an Alternative Equivalent Compliance process whereby an applicant can propose
alternatives to the balcony requirement. (3) Common Areas would apply; however, any
residential development on Lots 4, 5, 6 and 7 would be entitled to apply any common area, patio
and/or balcony area in the Riverfront Village PUD project. (4) Building Design would apply as
supplemental requirements; however, Town Staff acknowledges and understands that the Design
Standards on page 3 of the Riverfront PUD permits architectural variation from the hotel and
accommodations development on Lots 1, 2 and 3 with the architecture on Lots 4, 5, 6 and 7.
7.28.090(i) Residential Parking Location and Layout. These standards would not apply
because they would only be potentially applicable to Lots 5, 6 and 7 which already indicate
building layout, driveway accesses and garage orientation.
7.28.0900) Mixed -Use and Non - Residential Design Standards. The standards set forth in this
section are not applicable because they are already addressed in the Riverfront Village PUD
Plan, including (3) Site Layout and Design, (4) Building Layout and Design, and (5) Scale
and Massing, with the exception that the application of 7.28.090(4)(vii) Storefronts and
Pedestrian Entrances would be applicable for mixed -use, non - residential development on Lots
4, 5, 6 and 7 because this level of detail has not yet been addressed.
7.28.100(a) Steep Slopes is not applicable to the Riverfront Village PUD because the Town has
already approved the subdivision and PUD Plan with building footprints sited. The steep slope
standards in ADC 7.28.100, 7.28.090, 7.28.030, 7.28.020 and other provisions of the ADC
discussing steep slopes would also not apply to applications for minor subdivision, major
subdivision, adjustments to interior side lot lines on Lots 4, 5, 6 and 7, or amendments to the
Riverfront Village PUD which collectively or individually do not propose increases to maximum
density or maximum site coverage.
7.28.100(b) Stream, River, Waterbody and Wetlands is not applicable to the Riverfront
Village PUD project because river set back and protection has already been addressed.
7.28.100(c) Grading, Erosion Prevention and Sedimentation Control would be applicable to
the Riverfront Village PUD.
7.28.100(d) Flood Damage Prevention is not applicable to the Riverfront Village PUD because
the platted lots do not include any floodzone areas.
7.28.100(e) Geologic Hazard Areas is not applicable to the Riverfront Village PUD because the
property is subdivided and there are no known geologic hazard areas.
Rick Travers
RE: Avon Development Code analysis
October 21, 2010
Page 8 of 8
7.28.100(f) Scenic Views is a reserved heading with no regulations and is therefore not
applicable.
7.28.100(8) Alternative Energy System Standards would only apply if the Riverfront Village
PUD proposed to develop alternative energy systems.
7.32.020 Layout and Design is not applicable because the Riverfront Village PUD is already
subdivided.
7.32.030 Streets is not applicable because the streets are already constructed.
7.32.040 Paved Trail Design is not applicable because the trail has already been constructed.
7.32.050 Storm Water Drainage is not applicable because storm water infrastructure is already
approved and installed.
7.32.060 Utility Requirements is not applicable because utilities are already installed.
7.32.070 Water and Sewer Service is not applicable because water and sewer service is already
installed.
7.32.080 School Site Dedication is not applicable because the property is already annexed and
subdivided.
7.32.090 Park Land Dedication is not applicable because the project is already subdivided.
Please feel free to contact me if you have any questions regarding this letter or wish to
discuss the applicability of the pending Avon Development Code to the Riverfront Village PUD
project.
X��y,
Eric Heil,
Avon Town Attorney
I have reviewed this letter and concur with the statement provided herein as the Director of
Community Development fiar h� Town of Avon.
Brooks, Tow Manager
on Behalf orjge Avon Community Development Department
TOWN OF AVON, COLORADO
AVON WORK SESSION MEETING FOR TUESDAY, OCTOBER 26, 2010 s ul 0
MEETING BEGINS AT 3:00 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
3:00 PM —4:00 PM 1. EXECUTIVE SESSION:
a. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)
related to pending litigation regarding Town of Avon v Traer Creek Metropolitan
District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316
b. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)
related to Ordinance No. 10 -18 Adoption of Local Designation of Noxious Weeds
c. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)
related to Ordinance No. 10 -14 Adoption of Avon Development Code
d. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)
related to Town of Avon's rights to access the Nottingham -Puder ditch for repairs
4:00 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
4:00 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Financial Matters (Scott Wright, Assistant Town Manager) Memo only / Report
on YTD Revenues collections
b. Business Registration Updates (Patty McKenny, Asst. TM) Memo only /
Report on YTD current businesses, terminated business in Avon
b. Community Heat Recovery Project Update (Jeff Schneider, Project
Engineer) Memo Only
c. Bond Refinancing Update (Scott Wright, Assistant Town Manager) Memo
d. Nottingham Powerplant Restoration Update (Matt Pielsticker, Planner II,
Shane Pegram, Project Engineer)
e. Update on Comcast Franchise Agreement Renegotiation (Eric Heil, Town
Attorney)
f. Transportation Department Financial Matters Pertaining to Contracts with
Beaver Creek Resort Company (Jenny Strehler, Director PW &T) Update on
two items: 1) Request for Funding of "Skier Shuttle ", 2) Termination of Dial a
Ride Maintenance Contract
4:30 PM — 5:00 PM 4. VAIL VALLEY FOUNDATION: REQUEST FOR FUNDING FOR 2015 WORLD
CHAMPIONSHIPS (Ceil Folz, Executive Director) Review proposal from Vail Valley
Foundation for funding request
5:00 PM 5. ADJOURNMENT
Avon Council Meeting. 10.10.26
Page 1 of 4
FINANCIAL MATTERS
October 26, 2010
1. Sales and Accommodations Cover Memo and Report — August
2. Detail - Real Estate Transfer Taxes — September
3. YTD Building Revenue Report Actual vs Budget — September
4. A/R Balances Outstanding — Traer Creek Metropolitan District
Memo
To: Larry Brooks, Town Manager
Thru: Scott Wright, Asst. Town Manager — Finance
From: Kelly Huitt, Budget Analyst
Date: October 5, 2010
Re: Financial Matters — Sales and Accommodations August, 2010
Summary:
• August Sales Tax is down - 3.54% from 2009, and YTD Sales Tax is down -.58%
• For the month of August Sales Tax on Home /Garden is up 25.67% and up 11.21% on
Accommodations, while Sporting Goods Retail/Rental has decreased -31.31% and
Other Businesses are down - 25.83% from August 2009.
• Year to date Sales Tax on Home/Garden, Sporting Goods Retail/Rental, and
Accommodations are up 11.16 %, 5.36 %, and 8.58% respectively. YTD Sales Tax on
Other Businesses has declined - 11.42 %, while Service Related Businesses are down
-9.11%.
• Year to date Sales Tax from West Avon has increased 7.53% over 2009, and the
Riverfront/West River District is up 15.60 %. Annual Sales Tax is down -.89% in East
Avon, - 17.70% on Out of City, and - 6.62% at the Village at Avon.
• Accommodations Tax is up 7.75% for the month of August, and up 8.85% for 2010.
• Accommodations Tax on Time Shares is down - 9.27% for the month of August, but
up 7.24% for the year, while Vacation Rentals were up 4.97% for August and down
- 5.40% for 2010 YTD. Accommodations Tax on Hotels is up 13.12% for August and
14.95% YTD.
• Accommodations Tax is up 27.97% in the Riverfront/West River District area for the
year, while all other areas are down. Town Center East is down - 11.04 %, Out of City
- 28.39 %, Town Center West - 2.26 %, West Beaver creek -2.42, and the East River
District is down - 10.01 %. for 2010.
Page 1
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2010
Purchaser Name
Property
Amount Received
Riverfront PUD
Aug -10
$ 339,564.53
$ 1,085,751.84
Land Title Guarantee
Falcon Pointe 109 -29
56.00
Land Title Guarantee
Falcon Pointe 112 -26
30.00
Land Title Guarantee
Falcon Pointe 112 -28
40.00
Land Title Guarantee
Falcon Pointe 213 -10
125.00
Land Title Guarantee
Falcon Pointe 305 -38
24.00
Land Title Guarantee
Falcon Pointe 400 -13
40.00
Land Title Guarantee
Falcon Pointe 402 -33
13.00
Land Title Guarantee
Falcon Pointe 403-46
19.90
Land Title Guarantee
Falcon Pointe 409-42
18.00
Land Title Guarantee
Falcon Pointe 513 -33
34.00
Land Title Guarantee
Falcon Pointe 502 -31
18.00
Land Title Guarantee
Falcon Pointe 507 -32
15.00
Land Title Guarantee
Falcon Pointe 513 -24
30.00
Title Comp Rockies
Mtn. Vista 1211 -50
218.00
Jra Services Inc
Mtn. Vista 1214 & 1216 -14
110.00
Title Comp Rockies
Mtn. Vista 36 -10
594.00
Title Comp Rockies
Mtn. Vista 39 -10
1,130.00
Richard & Patricia Cuny
Mtn. Vista B -209
5,000.00
William Knaus Trustee
Mtn. Vista F -101
12,500.00
Ozark Motor & Supply Company
Avon Town Square G -1 & 3
12,331.66
Delbert Morris Living Trust
Avon Lake Villas X -1
7,150.00
Joseph & Virginia Mello Trust
Mtn. Star Lot 38
30,000.00
Howard Anthony Ternes, III Revocable Trust
Lot 57 W Blk 4 WR
16,000.00
Kenneth & Debra Dunn
Lot 68 -A Blk 3 WR
21,000.00
Chicago Title Ins
Riverfront 35 -10
8,165.00
Chicago Title Ins
Riverfront 36 -10
13,809.60
Chicago Title Ins
Riverfront 37 -10
15,910.60
Chicago Title Ins
Riverfront 38 -10
9,300.80
Jennifer Klein
Riverfront 441
6,180.00
Total September Revenue
106,496.56
53,365.40
Total YTD Revenue 446,061.09 1,139,117.24
Total 2010 Budget 700,000.00 1,250,000.00
The Gates at
Beaver Creek
Variance, Favorable (Unfavorable) $ (253,938.91) $ (110,882.76) $ _
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Assistant Town Manager, Management Services
Date: October 19, 2010
Re: Business Registration Update for Avon
Summary:
Please find attached information that will update the Council on new businesses registered in Avon,
business that have closed in Avon, as well as the list of active booting and towing companies. This
information is current through the 3`d quarter of 2010. The breakdown is as follows:
➢ List of new businesses that have registered in 2010 - (19)
➢ List of businesses that have closed in 2010 - (17)
➢ List of Booting and Towing businesses registered with Avon PD - (7)
➢ Total # of businesses in Avon - (378)
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Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Manager SV
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: October 20, 2010
Re: Community Heat Recovery Project Update (Memo Only)
Summary: This memorandum is to provide Town Council with an update on the progress of the
Community Heat Recovery Project. When completed, the project will utilize the heat energy in
treated wastewater effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the
Recreation Center swimming pools and eventually provide snowmelt energy for Main Street. The
project consists of installing pumps, heat exchangers, process piping, and other new equipment in a
building at the Avon WWTF and trenching heat supply and return lines to another new building to be
located immediately east of the Recreation Center. The project is partially funded by a grant from the
Governor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being
conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD).
Previous Council Action: Town Council approved the grant agreement with DOLA at the April 28,
2009 regular meeting. The intergovernmental agreement between ERWSD and Town of Avon
(TOA) was approved at the May 26, 2009 regular Council meeting. The Design Services Contract
was awarded to Camp, Dresser, and McKee, Inc. (CDM) at the June 23, 2009 regular Council
meeting. Previous project updates were given to Council at the November 10, 2009 and February 9,
2010 meetings. The construction contract was awarded to GE Johnson Construction Company
(GEJCC) on April 13, 2010. Change Order 01 to the construction contract was approved by Town
Council at the July 13, 2010 meeting. Change Order 02 to the construction contract is on the current
Town Council agenda.
Discussion: The majority of the site work has been completed. The Heat Distribution Building
adjacent to the Recreation Center and the Heat Pump building at the WWTF site are fully
constructed, with only interior electrical and mechanical installations remaining. All below - ground
construction is completed, with landscaping, paving, and fine grading and restoration underway.
Trenching was difficult and hampered by additional utility conflicts at the western edge of the project
near Nottingham Lake. Despite these difficulties, all piping was installed and all trenches backfilled
by approximately October 18. Site work remaining to be completed includes some irrigation testing,
landscape installation, and interior and exterior punchlist items.
Remaining in the project are approximately 60 -70 days of system start up and testing. The testing
protocol is rigorous, with each individual system component receiving full field testing, followed by
the entire system. The entire system undergoes testing to ensure its operation, known as the
Functional Demonstration Test (FDT). The FDT ensures that the entire system and its components
run successfully prior to connection to the pool heating system. The entire system must run at 100
hours without failure before the FDT is even commenced.
Following the FDT is the 30 -day Site Acceptance Test (SAT), during which the system operates at
normal operating conditions (heating the four pools at the Recreation Center) without a single non -
field- repairable malfunction. During the FDT, the Owner (Town Staff) will be fully trained by the
Community Heat Recovery Project Update
October 26, 2010
equipment vendors and subcontractors in the operation of the system, and a gradual "change of
hands" occurs.
Finally, after successful completion of the SAT, the commissioning process begins. Commissioning,
currently scheduled to occur between January 4 and January 21, 2011, is when the Owner takes
over full use of the system with the Contractor providing immediate assistance. The commissioning
period is the last opportunity to correct deficiencies prior to final acceptance. Final completion for the
project expected to be January 21, 2011. Staff is planning a ribbon cutting event to be scheduled in
January; the exact date is to be determined.
Below are some photographs of the construction activity:
Photo 1: Trenching across the soccer field
• Page 2
Community Heat Recovery Project Update
October 26, 2010
Ll
.r ..� x
Photo 3: ERWSD Raw Water Booster Pump heat lines (left) and effluent supply and return lines
(right)
9 Page 3
Community Heat Recovery Project Update
October 26, 2010
Photo 4: Pipeline installation near Nottingham Lake
Photo 5: Interior process piping, Heat Distribution Building
• Page 4
Community Heat Recovery Project Update
October 26, 2010
Photo 6: Concrete replacement south of Recreation Center
Photo 7: Sod replacement, Soccer Field
Financial Implications: The current construction budget for the Avon Community Heat Recovery
Project is shown in Table 1 below. Note that this construction budget assumes approval of Change
• Page 5
Community Heat Recovery Project Update
October 26, 2010
Order 02, presented separately on the council agenda. Minimal additional change orders are
expected and the project is anticipated to remain within budget.
Table 1: Heat Recovery Construction Budget
Line Item Amount
Construction Contract $ 3,755,642
Testing/Administration $10,000
Contingencies $ 7,568
Totals $ 3,794,206
Town Manager Commen
v`
• Page 6
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager — Finance
Date: October 20, 2010
Re: Bond Refinancing Update
Summary:
Credit rating agencies Moody's and Standard and Poor's have both given the Town excellent
ratings this week for our 2010 COP issuance as well as the Town's overall credit rating.
Standard and Poor's have given the COP issue an A+ rating and Moody's has assigned an
Aa3 rating. Both of these ratings are considered investment grade, which bodes well for
marketing the bonds.
At the time of this memo, the Moody's rating report had been received and staff had provided
comments back. However we have not yet received the S &P report. Because the trading desk
of Piper Jaffrey (bond underwriter) felt that investors needed more time to review the reports,
the pricing has been moved from Thursday, October 21, to Monday, October 25.
We will be able to keep the closing date as originally planned for November 16, and I will
give the Council a verbal update on the pricing and marketing of the bonds on Tuesday.
Town Manager Comments:
Page 1
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Approved by: Sally Vecchio, Asst Town Manager, Com Dev
From: Matt Pielsticker, Planner II
Date: October 20, 2010
Re: Nottingham Powerplant Restoration Update
Summary
This memorandum serves as an update on the status of the Nottingham Powerplant Restoration
project (the Project). The Project received a State Historic Fund grant in May 2009, with the
expectation that Project would be completed and returned to its historic site by May, 2011.
Since the completion of Phase I of the Project in September, 2008, there has been a lack of progress
due to staff changes at Colorado Mountain College ("CIVIC"), the entity that was contracted by the Town
to complete the Project. As a result, the Town will need to execute a new contract with CMC to
complete the work and will need to obtain an extension of the terms related to the State grant, as this
Project moves forward.
Background
The Town's Historic Preservation Advisory Committee ( "HPAC ") applied for, and received a grant from
the State Historic Fund in 2005 for the completion of an archaeological assessment of the Nottingham
Power Plant to document and assess its significance. The assessment was completed in 2006, and
the information was used to successfully apply for a Colorado State Registry nomination, which was
awarded in November 2006.
The Town then hired Rocky Mountain EMTEC along with GES Tech Group, Inc. and Anthony &
Associates, to conduct a structural analysis of the Power plant remnants to assess the possibility of
rehabilitating and /or stabilizing the structure. After much investigation it was decided to maintain all
parts of the Power plant unless they were totally destroyed and that stabilization of the Power plant (with
minor restoration) would be the proper course of action.
Phase / Restoration
After agreeing on the method of restoration, the Town contracted with the Community Outreach Center
for Historic Architecture and Preservation (CO- CHAP), a branch of the Historic Preservation Program at
CIVIC, in September, 2008 to complete Phase I of the restoration of the Power plant. The Phase I
contract included two parts:
• Part A of the contract was completed in the winter of 2008 -2009, and included disassembling
the water wheel and related support timbers, and moving the parts to a controlled environment
at the CIVIC campus for assessment and secure storage. Attached are photographs
documenting this work.
• Part B of the contract addressed the restoration of the waterwheel, which was to be completed
by May 1, 2009. CIVIC never started this part of the contract work (due to staffing issues) and
the contract has since expired.
Phase 11 Restoration
In May 2009 the Town was awarded a State grant to complete Phase II of the Project. The scope of
work for Phase II included: 1) the construction of a new supporting structure for the water wheel, 2) the
preservation of the surrounding walls, 3) the return of the restored water wheel to the site, and 4)
archeological monitoring during site work. After receiving the grant, the Town entered into another
contract with CIVIC in December, 2009 to complete Phase II and conclude the restoration efforts.
CMC's work pursuant to the Phase II contract was to be completed by October 31, 2010. Given that
CMC's Phase I restoration work has not yet started, however, the work for Phase II will obviously not be
completed by this deadline. Under the terms of the Town's contract with the State the Phase II work
must be completed by May, 2011. Given the status of the Project to date, this completion deadline is no
longer feasible.
Engineering Review
The Engineering Staff will provide guidance and management of the Phase II of the Project once
engineered plans are produced for the concrete foundation and work commences on site. The
engineered construction plans will be provided by Rocky Mountain EMTEC.
The Engineering Staff will also provide the State Historic Fund with documentation from the Army Corps
of Engineers indicating that a permit will not be required to complete the Project.
Financial Implications
The Town's cost to complete Phase I (Part B) is approximately $7,500. The total cost estimate for
completing Phase II work is $27,317. The State is contributing $20,473 (or 75 %) and the Town is
contributing is $6,844 (or 25 %).
Summary
Staff is working with CIVIC to draft a revised Scope of Work to complete Phase I — Part B and
Phase II of the Project. Staff will return to Council with the revised contacts for authorization to
proceed.
Staff will also begin preparing a request to extend the terms of the State Grant to a later date in
2011.
Exhibits:
A. Phase I contract (9/8/08)
B. Photographs of the Site and Powerplant
• Page 2
�I
2MAOM III -W,
Exhibit A
Kr�
Colorado
Mountain
College 21
TO: Town of Avon
Timberline Campus
901 South Highway 24
Voice 719.486.2015
www,coloradorntn.edU
ATTN: Matt Pielsticker and Jeanette Hix
DATE: 09 -08 -08
Leadvtlle Colorado 8046,1
RE: Nottingham Power Plant Stabilization/Restoration Project: PHASE I (revised)
The Community Outreach Center for Historic Architecture and Preservation, "CO-
CHAP" a unit of the Historic Preservation Program at Colorado Mountain College is
pleased to present our proposal to complete the above captioned project.
CO -CHAP will complete the tasks as detailed in the Rocky Mountain Engineering and
Materials Technology, Inc. report: Nottingham Power Plant Stabilization, Final Report
dated March 3, 2008. Specifically, our scope of work incorporates the section titled
"Structural Analysis and Design Narrative" pp 27 -31. All work will be performed in
accordance with The Secretary of the Interiors Standards for the Treatment of Historic
Properties.
PHASE I Scope of Work:
PART A
• Disassemble water wheel and related support timbers
• Remove to controlled environment and assess for restoration/reconstruction and
securely store waterwheel and support timbers
• Total project cost for PHASE I PART A not to exceed: $8,500. (400 man hours)
• Estimated time for completion upon award: 3 months -on or before January 1,
2009
PART B
• Restore waterwheel and prepare for site installation
• Total project cost for PHASE I PART B not to exceed: $7,500. (300 man hours)
• Estimated time for completion upon award: 4 months — on or before May 1, 2009
Learn ingfor L if e
It is understood that Phase I Part A ($8500.) funding has been authorized. Payment
schedule to be: $3000. payable upon acceptance of proposal and the balance upon
completion of and acceptance by sponsor of PHASE I PART A work.
It is further understood that PHASE I PART B work will not commence until funding is
authorized by sponsor.
Thank you for considering us for this experiential learning opportunity.
RoberC`V�.A
ACCEI
Associate or DATE:
Historic Preservation Program Director
901 S. Highway 24
Leadville, CO 80461
719- 486 -4230
rogle(a7coloradomtn.edu
2
Disassembly & Documentation Work (2008)
Current Status of Waterwheel (Leadville, CO)
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manage UTA
FROM: Eric Heil, Town Attorney
DATE: October 21, 2010
SUBJECT: Update on Comcast Franchise Agreement renegotiation
Summary: The current franchise agreement between the Town of Avon and Comcast
expires on December 31, 2010. As you may be aware, the Town of Vail is currently
renegotiating its franchise agreement with Comcast. The Town of Vail held a public
hearing on October 19, 2010 where they received several comments expressing
dissatisfaction with the service provided by Comcast.
I received a draft franchise agreement from Comcast's representative Janet Renaldi on
Wednesday, October 20, 2010. 1 am currently reviewing the agreement to determine
differences between the existing franchise agreement and the new draft of the franchise
agreement. I have also collected examples of a cable franchise agreement recently
adopted by the City of Steamboat Springs and cable franchise agreements which are
pending in other jurisdictions.
I would like to request that the Town Council schedule a public hearing for November
22, 2010 to take comments related to cable services provided by Comcast. A draft
cable franchise agreement should be available for Town Council consideration by that
time, or at least specific issues in a potential cable franchise agreement with Comcast
will be identified. If the Town of Avon is not able to finalize a new cable franchise
agreement with Comcast prior to the end of 2010, a month to month extension of the
existing agreement may need to be approved.
Thank you, Eric
Heil Law & Planning, «C Eric Heil, Esq.. A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
Legal Review:
Eric Heil, Town Attorney
Approved By:
Scott Wright, Assistant Town Manager /Finance Z)!�L
From:
Jennifer Strehler, Director of Public Works & Transportations
Date:
October 26, 2010
Re:
Transportation Department Financial Matters Pertaining to Contracts
with Beaver Creek Resort Company
Summary
Beaver Creek Resort Company (BCRC) recently notified Town that BCRC is cancelling the
fleet maintenance contract with the Town of Avon to maintain their "dial a ride" busses.
The cancellation of this contract will result in a projected revenue loss of approximately
$600,000.00. This memorandum provides information regarding recent and past
decisions by BCRC which have financial implications for the Town of Avon.
Background
Fleet
Avon Fleet has been providing mechanical maintenance services to BCRC for their large
buses and to Vail Resorts (VR) for their "Dial -a- Ride" fleet since about 1990. Gross
Revenues to the Town under these contracts were $428,691 from BCRC and $606,624
from VR in 2009.
Transit
For many years, the Town of Avon operated the BCRC parking lot shuttle bus system
under a service contract. This service moved over 1,250,000 people each ski season,
generated $1,048,331 in revenue in 2007 for the Town, and created an economy of scale
over fixed costs for the Town's own Avon Transit operations. The Town also operated a
"lodging shuttle" for many years which circulated around the lodges near Avon Road and
connected to the Beaver Creek Covered Bridge stop during ski season. In about 2005,
the BCRC and VR decided that a new portal to the mountain should be opened to prepare
for future growth in skier -days while also limiting bus traffic at Beaver Creek's covered
bridge. Design of a gondola connecting Avon to "The Landing" commenced shortly
Page 1 of 3
thereafter in association with construction of the new Westin.
In the fall of 2007, the Riverfront Gondola opened and the Town sought to encourage its
use. As a result, the Town changed the route of the lodging shuttle to deliver riders to
Avon Station where they could access the gondola. There were complaints about this
change - especially from Avon's local lodges, ski school instructors, and on- mountain
employers. BCRC responded by initiating a bus route that operated between Avon
Station and the Covered Bridge. The Town did not contribute transit - related funding to
BCRC for that route.
In April 2008, BCRC cancelled its parking lot bus operations service contract with the
Town. This decision resulted in a loss of over $1,000,000 per year in gross revenues and
a reduction of about 50% of the work force in Avon Transit.
During 2008 -09, a shuttle between Avon Station and the Covered Bridge Service was
provided by BCRC from Sam through 5:30pm without interruption. A separate evening
shuttle between the Westin and the Covered Bridge was also provided by BCRC during
2008 -09; this service was paid for by the Westin. The Town did not contribute funding
to either BCRC transit service.
During the 2009 -10 season, BCRC offered to provide a "split service" during the hours of
8am -11am and 2:30pm- 5:30pm plus an evening service during 6pm -10pm and
requested a contribution from the Town. The Town Council opted to do this. Avon
Transit reduced its own service in order to generate a contribution of $42,499 which was
paid in FY2010 for this 2009 -10 ski season BCRC shuttle.
Discussion
Fleet
BCRC management recently decided not to renew their agreement with Avon Fleet for
maintenance of their Dial -a -Ride buses. Instead, BCRC intends to maintain these
vehicles with on- mountain staff and via outside contractors. High Country Taxi will be
operating and maintaining the Bachelor Gulch portion of this Dial -a -Ride fleet. This
change will be effective in mid - November 2010. BCRC's decision effectively will reduce
Avon Fleet's annual gross revenue by about $600,000 as compared to the draft FY2011
budget reviewed by Town Council on October 12, 2010.
Revenues to Avon Fleet from BCRC's for maintenance of their large bus fleet has
declined about 16% for this year compared to 2009. This is attributed to a reduced
number of on- mountain guests, reduced use of the buses, and a general effort by BCRC
to reduce fleet maintenance expenses.
Town staff is considering options to increase revenue from other sources and /or reduce
costs accordingly. At this time, no certain replacement funding has been identified.
Transit
On October 19, 2010, Chris Lubbers (Vail Resorts) proposed that the Town and BCRC
enter into another agreement for transit services to be provided by VR. In this scenario,
the Town would be obligated to pay $46,477 and in exchange, BCRC and VR would
provide the following service:
Page 2 of 3
1) A daily skier shuttle bus from Avon Station to the Covered Bridge during 8am-
11am and 2:30pm- 5:30pm (approximately every ten minutes) during Nov 24-
April 17.
2) Evening restaurant shuttle every 30 minutes from 6pm- 10:30pm with stops
during Dec 12 -April 3, 2011 with stops at the Westin, and BC's Covered Bridge.
It is important to note that no funding contribution to BCRC has been budgeted for the
upcoming ski season in either the FY2010 or FY2011 Town of Avon budgets. This is due
to the Town's reduction in received and projected revenues.
As a reminder, Avon Transit bus service has been cut compared to the previous year.
For ski season 2010 -2011, Avon Transit will be operating the following service:
• One bus on a Black Route figure -8 configuration (30 -35 min intervals) during
6:30am- 6:30pm daily. This is currently in operation and is planned to continue
through December 2011.
• A Gondola Express from Avon lodges to Avon Station (10 minute intervals) during
8:30am -11am and 2pm -6pm on:
o Friday, Saturday, Sunday and Monday from December 1 - March 31
• Daily during the holiday week of 12/24/10 through 1/3/11
• Saturday and Sunday during April and November when the mountain is
open.
This represents a very "minimum service level" for Avon Transit.
BCRC has been advised of the Town's planned transit services and the lack of available
funding in the current budget. They have also been given an invitation to request time
on an upcoming agenda
Financial Implications:
The draft FY2011 Town of Avon Budget will be adopted prior to a subsequent budget
amendment to reflect loss of Vail Dial -a -Ride revenue from Avon Fleet of approximately
$600,000 per year. Changes to the cost structure of Avon Fleet are also expected, as
this change will reduce the cost of parts, labor, materials, and other items associated
with providing service to VR. A net financial impact has not yet been determined.
No other changes to the budget are proposed.
Town Manageer� Comments -
Page 3of3
MEMO
TO: MAYOR AND TOWN COUNCIL
THROUGH: LARRY BROOKS, TOWN MANAGER
FROM: PATTY MCKENNY, ASSISTANT TOWN MANAGER MANAGEMENT SERVICES
DATE: OCTOBER 21, 2010
RE: 2015 WORLD CHAMPIONSHIPS FIS ALPINE SKI - REQUEST FOR SUPPORT
SUMMARY:
Please find attached the request for support for the 2015 World Championship AS Alpine Ski. Ceil Folz, Vail
Valley Foundation, will address the town council with this request.
Thanks.
Attachment:
❖ Exhibit A: Presentation to the Avon Town Council: Request for Support for 2015 World
Championships FIS Alpine Ski
2015 1 coLoRaoo I usa
Presentation to the Avon Town Council
REQUEST FOR SUPPORT
October, 2010
, LWORLD
CHAMPIONSHIPS
.1.11..1 FIS
ALPINE SKI
OVERVIEW
Background: In the spring of 2009, the Vail Valley Foundation, Vail Resorts and the
United States Ski Team agreed to move forward with a bid to host the 2015 World
Alpine Ski Championships. Throughout the remainder of 2009 and the first part of
2010, we proceeded at full speed to bring the World Championships back to the Vail
Valley. On June 3, 2010, the International Ski Federation Council voted in support of
our bid and we now begin the real work ... organizing the best ever World Alpine Ski
Championships.
Our first move in this endeavor is to secure all of our partnerships that will be
needed to ensure a successful World Championships. Those partners include:
Beaver Creek Resort Company
Denver Sports Commission
Eagle County
Lodging Community
Merchant Community
Ski Country USA
State of Colorado
Town of Avon
Town of Eagle
Town of Minturn
Town of Vail
US Olympic Committee
USSA
Vail Valley Partnership
Description: The World Alpine Ski Championships have been held in the Vail Valley
twice before, in 1989 and 1999. The Alpine Championships gather together the
greatest skiers from over 70 nations to compete over a two -week period of time in
every alpine discipline. The Alpine Championships attract more than 800 athletes,
coaches and officials; 2000 members of the media; 2000 volunteers; and large
international sponsors. In addition, more than 50 countries will carry the television
feed to more than one billion worldwide viewers.
The Championships represent the highest level of competition. Equal to the
Olympics in the eyes of many athletes, there is tremendous prestige for a community
in hosting a World Championships. To have been selected to host our third World
Championships is an honor only St. Moritz, Switzerland can match, with their trio of
Championships representing a 76 -year span. In 2015, the Vail Valley will have hosted
three Championships in just 26 years.
r? ; I I
1
L2015!VAILIBEAVER CREEK COLORADO IUSA
ECONOMIC RESULTS FROM 1999 CHAMPIONSHIPS
1999: In planning for the 1999 World Alpine Ski Championships, organizers
understood that it would be a challenge to provide increased business for the two -
week period of the event. Efforts were placed on improving business during the
event itself, but organizers again looked toward future returns to justify the efforts
of hosting a second World Championships.
Economic Impact: In an economic impact study created the year following the 1999
Championships, the following successes were reported:
❑ Lodging occupancy rates increased valley -wide from an average in 1998 of 67%
to an average for the same time slot of 84% in 1999.
❑ At a total event cost of $25 million, $17 million was generated from sources
outside of Colorado.
❑ Of the $25 million spent on the 1999 Championships, just over $20 million was
spent in Colorado.
❑ Of the $20 million spent in Colorado, $16 million was spent in the Vail Valley.
❑ Total economic impact to the state of Colorado was over $100 million.
❑ In a comparison of 1998 to 1999 for the two -week period of the
Championships, sales receipts showed a small percentage of growth.
However, for the same time period, Aspen, Steamboat and Breckenridge
reported a 10% drop in sales receipts.
Television Impact: Perhaps the most successful measure of the Championships
came from the television and marketing exposure received:
❑ There were 22 hours of domestic coverage through the combined efforts of
NBC and ESPN.
❑ Twelve national television networks were on site to cover the Championships
live.
❑ Over 350 hours of programming was produced during the two weeks of the
event.
❑ 31 countries broadcast to an estimated 400 million people.
Community Impact: In the spring of 2000, RRC Associates prepared an analysis of
the economic impact of the 1999 World Championships. As it relates directly to the
Vail Valley business community, a summary of the analysis follows:
❑ 90% felt the Championships met or exceeded their expectations.
❑ 100% indicated they would participate in a future World Championships.
❑ 96% felt that there would be a long term benefit to having hosted the
Championships.
❑ 89% felt the Championships had given the community a common purpose and
for a time, had created a strong sense of satisfaction for those who lived and
worked here.
The plan of organization and operation is to utilize the best assets from throughout
the Vail Valley to ensure the greatest success. To that point, our plan it to host all of
the men's races in Beaver Creek on the existing Birds of Prey course; to build a new
women's speed course in Beaver Creek; and to either place the women's Giant
Slalom and Slalom races in Vail or to host all races in Beaver Creek.
Of special interest to the Town of Avon is the fact that we intend to create a "media
village" in Avon, with the main media hotel and satellite press facilities located in
the Westin Riverfront Resort and Spa, along with a portion of the broadcast
facilities. In conjunction with the additional lodging properties located in Avon, the
town will serve as the perfect media gateway to the World Championships
competitions.
In addition, given the current success of the US Ski Team, especially the Vail Valley's
own Lindsey Vonn and Sarah Schleper, the 2015 World Championships will generate
even more excitement throughout the US skiing community, with a unique
opportunity to see their heroes and heroines compete in a major international event
on home soil.
In short, the 2015 World Alpine Ski Championships will be a single celebration of
skiing, conducted in two of the world's finest resorts.
ZU�WOIRLID
.......... FIS ..........
ALPINE SKI
EXPECTED IMPACTS FOR 2015
Community: As in 1999, it is expected that these Championships will allow all parts
of our diverse community to come together. This has not happened since the 1999
Championships and as the community has become even more polarized over the past
years, it is important for us to find common causes that can more tightly bind us
together. The World Championships allow us as communities to both foster that
which this community was created for, and to celebrate the world's best.
In addition, we are in a much different economic time than when the 1999
Championships were held. Upon the announcement that Vail /Beaver Creek had been
selected, the Vail Daily ran an editorial that summed it up best:
"People who were around 20 years ago might recall that talk went on for years
about the "bounce" provided by the 1989 championships. That bounce came across
the local economy, from room reservations to lift tickets to real estate sales.
The valley's economy was already humming along pretty well when the
championships came in 1999, but that celebration of the world's best skiers still
sent long - lasting ripples through the local economy.
Of course, 2015 is a long way off, and our valley's economy is still struggling. But it
seems as if many of us have been looking for something to aim toward — a point
that, if we could just make it to here, we'd probably be all right. "
Goal Line: There are many exciting projects being considered up and down the
valley corridor. A 2015 Championships provides a goal line for each community and
the county to look to complete these projects, thereby presenting the world with
the new face of the Vail Valley.
Grow Future Customers: A key element of the bid for the 2015 World
Championships was always a focus on our future. Not only is Vail /Beaver Creek the
host for the 2015s, we are at the very heart of our business, a ski resort. We all
depend on the maintenance and growth of the sport of skiing. We look to utilize the
2015 World Championships not only as a celebration of the sport, but as a
springboard for marketing exposure to entice new peoples and populations into the
sport of skiing.
Revenue Infusion: The operations budget for the 2015 effort exceeds $45 million. Of
this, over $34 million will come from outside our community. It is also expected that
much of this revenue will be spent with services and businesses in Eagle County. In
addition, the cost for the television setup, services and production will exceed $6
million and the majority of this will be spent in the Vail Valley.
Positioning: The image of the Vail Valley has benefited greatly by the annual
support and hosting of the World Cup. A future World Championships can only
reinforce that image of our community as a world -class ski resort. In addition, the
opportunities to present our community as a year -round resort is abundant through
television bumpers, special features and lead -up stories for the 2015 Championships.
The recently completed study by the University of Denver identified the importance
of "internationalizing the Vail Valley." The study concluded that there were five
key recommendations, one of which was to work hard to bring either the Winter
Olympics or the World Championships back to the valley.
Request for Support: While a significant amount of money to host the World
Championships will come from sources outside of our community, more than $11
million will need to be raised from within. Support is expected from all corners of
our county: from businesses, individuals and government agencies. The Vail Valley
Foundation humbly requests from the Town of Avon a commitment for cash and in-
kind support for the 2015 World Alpine Ski Championships.
Our formal request is for $250,000, to be contributed over a five -year term in the
following recommended payment schedule:
Year 2011
$50,000
Year 2012
$50,000
Year 2013
$50,000
Year 2014
$50,000
Year 2015
$50,000