The URL can be used to link to this page

TC Council Packet 11-23-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 23, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds. Brian Sipes absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, as well as other staff members and the public. AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Wolfe noted that the Executive Session would be convened at the end of the Regular Meeting, so new council would be able to hear and participate on the topics. He also noted that items j) & k) resolutions would be considered after the new council was sworn in. COMMUNITY INPUT Employees from the Christie Lodge commented on the revised winter bus schedule noting that the service which ended earlier than last season has impacted how they get home. They asked if the service might be extended until later in the evening. Mayor Wolfe noted that the council would schedule the topic for the December 14th work session meeting. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Councilor Ferraro moved to approve the consent agenda; Councilor Carroll seconded the motion and it passed unanimously. a. Minutes from November 9, 2010 PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT Town Attorney Eric Heil presented the topic of the Comcast Franchise Agreement, noting that the agreement expires at the end of 2010. The Town did request public input on the matter and Jamie Walker, Community Relations Officer, noted the number of responses received at 42, were both supportive as well as provided some suggestions for improvements to the service. Janet Rinaldi, Comcast Cable Services Representative, presented information to the council about a proposed term of an agreement and the services Comcast would offer in the future. Ron Wolfe opened the public hearing and the following people commented:  JK Perry, Channel 5  Phil Struve, Avon resident Mayor Wolfe closed public hearing. Staff noted that the agreement becomes effective at the end of the year on a month to month basis and negotiations would continue. RESOLUTIONS Scott Wright, Assistant Town Manager Finance presented the following budget resolutions; Council motions were made as follows: Councilor Phillips moved to approve Resolution Nos. 22 and 23; Councilor Carroll seconded the motion and it passed unanimously (Sipes absent).  Resolution No. 10-22, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget Regular Council Meeting Page 2 of 3 10.11.23  Resolution No. 10-23, Series of 2010, Resolution to Amend the 2010 Town of Avon Capital Projects Fund Budget Councilor Ferraro moved to approve Resolution Nos. 24 and 25; Councilor Dantas seconded the motion and it passed unanimously (Sipes absent).  Resolution No. 10-24, Series of 2010, Resolution to Adopt the 2011 Town of Avon Budget  Resolution No. 10-25, Series of 2010, Resolution to Accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2011 Capital Projects Fund Budget Councilor Ferraro moved to approve Resolution No 26; Councilor Carroll seconded the motion and it passed unanimously (Sipes absent).  Resolution No. 10-26, Series of 2010, Resolution Levying General Property Taxes for the Year 2010, to help defray the costs of government for the Town of Avon, Colorado, for the 2011 Budget Year Councilor Ferraro moved to approve Resolution No 27; Councilor Phillips seconded the motion and it passed unanimously (Sipes absent).  Resolution No. 10-27, Series of 2010, Resolution Levying General Property Taxes for the Year 2010, to help defray the Costs of government for the Town of Avon General Improvement District No. 1, Avon, Colorado, for the 2011 Budget Year After a brief discussion about the PEG Funds, Councilor Phillips moved to approve the following with a second by Councilor Carroll and it passed unanimously (Sipes absent).:  Resolution No. 10-28, Series of 2010, Resolution to Approve a Request for Allocation of PEG Funds; Eric Heil, Town Attorney, presented Resolution No. 10-29, Series of 2010, Resolution of the Town Council of the Town of Avon Consenting to the Dissolution of the Gates Metropolitan District. He noted that the District had never imposed a mill levy, nor constructed any improvements, nor have any outstanding debt, and therefore recommended approval of the dissolution of the district. It was noted that the public hearing was posted and published. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Phillips moved to approve Resolution No. 10-29, Series of 2010, Resolution of the Town Council of the Town of Avon Consenting to the Dissolution of the Gates Metropolitan District; Councilor Carroll seconded the motion and it passed unanimously (Sipes absent). Councilor Dantas moved to approve Resolution No. 10-30, Series of 2010, Resolution Appointing Municipal Judge; Councilor Carroll seconded the motion and it passed unanimously (Sipes absent). ORDINANCES Matt Pielsticker, Planner II, presented Ordinance No. 10-19, Series of 2010, Second Reading, Ordinance Approving Chateau St. Claire PUD Amendment with a review of the proposed ordinance amending PUD to remove requirement that prohibits dogs on the property. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Ferraro moved to approve Ordinance No. 10-19, Series of 2010, Second Reading, Ordinance Approving Chateau St. Claire PUD Amendment; Councilor Phillips seconded the motion and it passed unanimously (Sipes absent). Regular Council Meeting Page 3 of 3 10.11.23 Patty McKenny, Town Clerk, read the Names of Newly Elected Avon Council Members as Council Elect: Rich Carroll, Dave Dantas, Chris Evans, Todd Goulding. Buck Allen, Avon Municipal Judge, swore in the new members with the Oath of Office. Amy Phillips was elected to serve as the Temporary Chairperson. Councilor Phillips moved to nominate Kristi Ferraro for Mayor. Councilor Ferraro turned down the nomination due to other commitments and then nominated Rich Carroll for Mayor. Councilor Dantas nominated Buz Reynolds for Mayor. A vote was taken and Rich Carroll was elected as Mayor. Mayor Carroll nominated Kristi Ferraro for Mayor Pro Tem and Council Dantas nominated Buz Reynolds for Mayor Pro Tem. A vote was taken and Kristi Ferraro was elected as Mayor Pro Tem. R ESOLUTIONS After the following resolutions were read in full, motions were made:  Mayor Carroll moved to approve Resolution No. 10-31, Series of 2010, A Resolution in Appreciation of Mayor Pro Tem Brian Sipes’ Years of Service; Councilor Phillips seconded the motion and it passed unanimously (Sipes absent).  Councilor Phillips moved to approve Resolution No. 10-32, Series of 2010, A Resolution in Appreciation of Mayor Ron Wolfe’s Years of Service; Mayor Pro Tem Ferraro seconded the motion and it passed unanimously (Sipes absent). EXECUTIVE SESSION Councilor Phillips moved to convene into Executive Session at 6:45 PM to discuss the following matters; Mayor Pro Tem Ferraro seconded the motion and it passed unanimously. 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) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24-6-402(4)(d) regarding Grant Funding for Swift Gulch Project There being no further business to come before the Council, the regular meeting adjourned at 8:20 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans (newly elected) ________________________________ Kristi Ferraro ________________________________ Todd Goulding (newly elected)_______________________________ Amy Phillips ________________________________ Albert “Buz” Reynolds ________________________________ Brian Sipes ________________________________ Ron Wolfe ________________________________ TOWN OF AVON, COLORADO AVON AVON WORK SESSION MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 3:15 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 3:15 PM — 4:15 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) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24- 6- 402(4)(d) regarding Grant Funding for Swift Gulch Project 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:15 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. 1. US Forest Service Multi Party Land Exchange (Ron Wolfe, Mayor) 2. Open Space Advisory Committee Appointment (Ron Wolfe, Mayor) Update and discussion about next council member appointment to the Open Space Advisory Committee b. Noise Berm Update (Justin Hildreth, Town Engineer) Memo only c. Financial Matters (Finance Department) Memo only d. Avon Wastewater Treatment Facility National Pollution Discharge Elimination System Comments to Colorado Department of Public Health & Education (Jenny Strehler, Director PW &T) Analysis & review of the draft permit / Memo Only e. Funding Partnership for the Eagle River Monitoring and Assessment Program (Larry Brooks, Town Manager) Review status of funding proposal and response from Eagle River Watershed Council / Memo only f. Advisory Team Appointment from Town of Avon to review 1996 Eagle River Watershed Plan ( "ERWP ") (Larry Brooks, Town Manager) Review request from Eagle County to appoint Avon representative to advisory team who will help propose amendments to the ERWP / Memo only g. Eagle River Water Quality: Regional Storm Water Discussion (Jenny Strehler, Director PW &T) review of storm water and impacts to the town / Memo only 4:30 PM — 5:00 PM 4. STONE CREEK CHARTER SCHOOL AND SWIFT GULCH CONSTRUCTION (Larry Brooks, Town Manager John Goldstein, Vice President, SCCS) Update on Stone Creek Elementary School per SCCS's revised proposal 5:00 PM 5. ADJOURNMENT Avon Council Meeting. 10. 11.23 Page 1 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager - Management Services Date: November 17, 2010 Re: Open Space Advisory Committee Appointment Summary: Please find attached an email and OSAC Bylaws to help understand how the "Open Space Advisory Committee" appointment is made, see Sections III and IV. The email from Kris Valdez, Planner for Eagle County, notes that there is no issue with Ron continuing to represent the town on the OSAC once he finishes his town council term. She also points out that the bylaws do not dictate that the person representing Avon be a political appointee. Also, the Council should be aware that the BoCC is currently revising the appointment process, no changes have been adopted as of yet. The next OSAC meeting is scheduled for December 13, 2010; Ron Wolfe is planning on attending that meeting. The new council may want to schedule the discussion of this appointment with the other council committee appointments for one of their first organizational meetings, December 14"' or January 11, 2011. Attachment: ✓ Email correspondence between Kris Valdez, Eagle County, and myself ✓ Exhibit A: Eagle County Citizens' Open Space Advisory Committee Bylaws Patty McKenny From: Kris Valdez [Kris.Valdez @eaglecounty.us] Sent: Tuesday, November 16, 2010 3:21 PM To: Patty McKenny Subject: RE: OSAC:) Attachments: 11 -16 -10 Bylaws. pdf Hi Patty, Attached are the bylaws for your review. This is our current system, but the BoCC is currently reviewing the process. Staff is unsure what changes, if any, will be adopted in the future. There is no issue with Ron continuing to represent the Town. Nowhere in the bylaws does it state that the person must be a political appointee. If you have any questions, please feel free to contact me and I'd be happy to help. Sincerely, Kris Valdez Kris Valdez, Planner, AICP Eagle County Long Range Planning 500 Broadway P.O. Box 179 Eagle, CO 81631 Phone: 970.328.8752 Fax: 970.328.7185 Toll Free: 1.800.225.6136 From: Patty McKenny [mailto:PMckennyCaavon,org] Sent: Tuesday, November 16, 2010 1:53 PM To: Kris Valdez Subject: OSAC:) Thanks for your time talking about the Open Space Advisory Committee, 1 appreciate better understanding the nature of the town's appointing another member to the committee. Ron Wolfe will likely attend the last meeting on December 13, 2010. The Town Council will likely adopt another representative at its December 14, 2010 town council meeting. Quick question, could the council adopt Ron Wolfe to represent the Town or does it have to be a council member appointment? Just curious! Please, if you would, forward the section of the bylaws that set forth the appointment process. I will be writing a memo due by Thursday that will outline all of this information for the Avon Town Council. Thanks. Patty McKenny Assistant Town Manager- Management Services Town of Avon, Heart of the Valley Adft EXHIBIT A EAGLE COUNTY CITIZENS' OPEN SPACE ADVISORY COMNUTTEE BY- I. Name: The name of this committee shall be The Eagle County Citizens' Open Space Advisory Committee (hereinafter referred to as the "Open Space Committee" or "Committee "). II. Purpose. The purpose of the Open Space Committee shall be to function as an advisory board which duties shall include, but are not limited to: a. Make recommendations to the Eagle County Board of County Commissioners (hereinafter referred to as the "Board ") regarding the selection, development, maintenance, preservation, and use of the open space land in accordance with the responsibilities of the Open Space Committee as set forth in Referendum 1H and the Board of County Commissioners' Resolution No. 2003 -97. b. Provide a recommendation of approval or disapproval to the Eagle County Board of County Commissioners regarding all applications for open space funding and for all expenditures from the Open Space Fund. C. Recommend the acquisition and/or permanent preservation of open space by Eagle County or the County in partnership with other public or private entities, for inclusion in the open space program, utilizing funding sources or authorities other than Referendum 1H including acquisitions by donations, bequest, devise, dedication, or purchase, pursuant to Colorado Revised Statute 30 -11 -101. d. Make recommendations to the Board regarding management, maintenance or preservation of open space and associated natural pastoral wildlife conservation, public access or recreational values of lands, conservation easements or other interest in lands acquired by the county alone or in association with other entities. e. Make recommendations regarding the monitoring of any lands, conservation easements, or other interests in lands acquired and held by Eagle County, alone or in association with other entities and the enforcement of any terms, conditions, covenants, easements or other provisions pertaining to the open space preservation of any lands, conservation easements or interest in lands so acquired and held. 4 E III. Committee Members a. The Committee shall consist of fourteen (14) citizen members, who shall be full -time residents of Eagle County and shall be nominated and appointed in the following manner: 1. Seven (7) individuals shall be nominated, for the Board's consideration, by the Town Councils of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum and Basalt. In addition, the Edwards Metropolitan District, Berry Creek Metropolitan District, Lake Creek Metropolitan District and Arrowhead Metropolitan District (hereinafter collectively referred to as the "Metropolitan Districts ") shall collaborate and compile a list of perspective candidates and then forward said list to the Board. The Board shall appoint seven (7) individuals from the above -named towns that were either nominated or not and one (1) member from the Metropolitan District's list to serve as a member on the Citizens' Open Space Advisory Committee. Persons nominated shall not be paid employees of their respective governing entities. Notwithstanding, elected members may be nominated to serve on the Open Space Committee. If any of the above named governing entities fails to nominate an individual the Board shall then appoint a member who is a resident of the Town/District. 2. The Board shall appoint two (2) members each from their respective Districts who are from unincorporated Eagle County. The Board will make every effort to appoint a member in the business of ranching or agriculture and a member from the "Roaring Fork Valley. 3. If an unincorporated area incorporates as a municipality, the new municipality may be entitled to nominate an individual for appointment to the Open Space Advisory Committee, with an adjustment of the size of the Committee, as determined appropriate by the Board. 4. Members shall serve at the pleasure of the Board of County Commissioners. IV. Terms Members of the Open Space Committee shall serve staggered three -year terms. When a person is appointed to complete the term of a departing member, that person's term shall end at the time the departing member's term would have ended. The Board shall identify the term of each member at the time of appointment and members may be reappointed to successive terms. Members shall not be compensated for services, but may be reimbursed for expenses actually incurred in the performance of their duties 2 5 according to Eagle County policy. V. Officers a. Chan: It shall be the responsibility of the Chairperson to preside at all Open Space Committee meetings and to coordinate with Community Development staff on agendas for all regular and study meetings of the committee. b. Vice - Chairperson: In the case of absence or disability of the Chairperson, the Vice - Chairperson shall perform the functions of the office of the Chairperson. C. Other Officers: The Committee may elect other officers as it determines appropriate. Vl. Meetinos a. All Open Space Committee meetings shall be open to the public and shall be conducted in accordance with approved procedures and review processes, and as required by Colorado law. b. All Open Space Committee members shall attend all Open Space Committee meetings, unless excused by the Citizens' Open Space Advisory Committee t Chairperson. Notwithstanding, an unexcused absence from two or more meetings during a calendar year may result in termination of the member's service on the Open Space Committee. C. The Committee shall keep minutes of all meetings that shall be promptly recorded and such record shall be open to public inspection. Approved minutes shall be maintained as public records as the Board of County Commissioners determine appropriate. The Committee may by majority vote go into executive session to consider and discuss any matters as may be provided by law. No official action on any matter may be taken while in executive session. The minutes of a meeting during which an executive session authorized pursuant to C.R.S. § 24 -6- 402(4) is held, shall reflect the topic of the discussion at executive session. The minutes shall be prepared by a representative from the staff of the Eagle County Community Development Department and presented to the Committee for approval. d. The regular meeting schedule shall be determined by the Open Space Committee. e. Special meetings may be called by the Chairperson, the Director of Community Development, by majority vote of the Board of County Commissioners or by three Open Space Committee members acting jointly with a minimum of 24 hours notice to the Chairperson of the Open Space Committee, and to Staff. VII. Voting a. No official business of the Committee can be conducted without a quorum present. A quorum of the committee shall be at least seven members. b. Each Committee member shall be entitled to a vote, and must be present to vote. No proxy vote shall be allowed. C. Voting shall be either by voice or roll call vote. A roll call vote shall be conducted upon the request of a member of the Open Space Committee or at the discretion of the Chairperson. d. All actions shall require a simple majority vote of the quorum. In the event of a tie vote, the motion being voted on shall be deemed to have failed. The application will be passed on to the Board with a recommendation for denial. f. No member who has not personally visited the site of a proposed land acquisition to view and explore the land shall be entitled to vote on a proposal for recommendation of the Committee as to whether the Board of County Commissioners should not or should use open space funds to acquire an interest in the land. it � 0 VIII. Conflict of Interest. r a. As a matter of policy, the Open Space Committee members shall strive to promote public confidence in the Open Space Committee by assuring the citizens of Eagle County of the impartibility and integrity of the Committee members. As such, all Committee members will ensure that their actions present neither a conflict of interest, as defined by Colorado law, nor the appearance of impropriety or of a conflict with the public trust. b. An Open Space Committee member should not accept any compensation, gifts or service under circumstances in which it could reasonably be inferred that the gift was intended or could reasonably be expected to influence the official in the performance of his or her duties or was intended as an award for action on the Committee member's part. C. No Committee member shall vote or otherwise participate in a decision making process which affects any entity or property interest in which he /she has a financial interest or which any member of his/her family has a financial interest. Family is defined as a spouse, parent, brother, sister, grandparent, child, grandchild, step - child, step - parent, step - grandparent, mother -in -law, father -in -law, brother -in -law, sister -in -law, son -in -law, and daughter -in -law. In the event of such a conflict, or if for any other reason, the Committee member believes a conflict of interest or the appearance of impropriety or of a conflict with the public trust exists, the Committee member shall 4 Ah immediately disclose the interest to the Chairperson of the Open Space Committee and immediately disqualify himself or herself from making any decisions involving such business transactions or other relationship. IX. Ex -Parte Ex -parte contacts are contacts between individuals seeking to influence the decisions of the Committee and Open Space Committee members on a pending open space application, outside the meeting forum. Applications are considered to be pending immediately upon submission to staff and regardless of the degree of completeness. Such contacts include visits to sites proposed for consideration by one or more Committee members and the proponent when they are unaccompanied by County staff and no prior notice or public announcement of the site visit is given; meetings with the proponent separate from Committee meetings; or telephone calls or letters which attempt to influence a Committee's member's opinion. Committee members shall avoid ex -parte conversations and communications (including written form) regarding any pending open space application. Should any ex- parte communications occur where relevant information is obtained, the ex -pane contact and information obtained shall be disclosed at the next public hearing or meeting so that participants at such hearing may be confronted with all facts that may influence a case, and shall have an opportunity to respond. X. Committee Recommendations a. The Open Space Committee shall be an advisory body to the Eagle County Board of County Commissioners. The Committee shall review and make recommendations to the Board, for the Board's adoption, criteria to prioritize the selection of eligible lands for open space acquisition, and shall make recommendations to the Board on any and all matters pertaining to the county's open space program as set forth in Referendum 1H. Notwithstanding, the Committee shall terminate upon the exhaustion of the open space fund. b. The Open Space Committee shall provide a recommendation of approval or disapproval to the Board for all expenditures from the open space fund for all open space acquisition and/or preservation projects and proposed open space parcels based on established criteria. XI. Continuance of Committee Meeting The Open Space Committee when conducting an Open Space Committee . meeting may on its own motion or at the request of an applicant continue the meeting to a fixed date, time and place. Continuances shall be granted at the discretion of the Committee conducting the meeting only upon good cause shown. No limit shall apply to the number of continuances allowed, so long as the sum total of all continuances does not exceed forty days (40) from the date of the first meeting at which the subject file was 5 reviewed. Continuance past 40 days shall only be permitted by written consent of the Eagle County Board of County Commissioners. XII. Procedures a. The Committee shall conduct its business according to the agenda prepared. by Community Development Staff and the Chairperson for each meeting. The agenda may be revised or amended at any time by majority vote of the voting members present, subject to the applicable public notice requirements. b. At an Open Space Committee meeting, a presentation may be made by the owner, the owner's representative, or a party or party's representative regarding a proposal requesting money from the open space fund or requesting to donate land for open space. C. Public comment shall be taken as indicated on the agenda, and in a manner determined appropriate by the Chairperson, at all meetings. d. The Committee may consider and discuss the recommendation of Staff prior to taking action on a proposal. e. Upon request from the applicant, or as otherwise determined appropriate by the Committee, the Committee may convene to executive session to discuss a t ° proposal. XIII. General Policies Nothing contained in these Bylaws shall limit the ultimate discretion and authority of the Eagle County Board of County Commissioners on any open space matter and the Board may within its discretion waive any policy and/or procedure. XIV. Notice Notice of regular and special meetings of the Open Space Committee shall be posted at least 24 hours in advance on the bulletin boards located in the Eagle County Building. Committee members will be notified of special meetings by facsimile and/or telephone at least 24 hours in advance of the meeting. XV. Governing Rules The rules contained in Robert's Rules of Order, newly*revised, shall govern the Committee in all matters to which they are applicable and to which they are not inconsistent with these bylaws, resolution and any special rules that the Committee may recommend for adoption by the Board of County Commissioners. (9 ( go 2 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth, P.E., Town Engineer Shane Pegram, P.E., Project Engineer Date: November 17, 2010 Re: Update - Town of Avon's 1 -70 Noise Berm Summary: The Town of Avon contracted with Hankard Environmental in 2008 to perform an 1 -70 traffic noise analysis along West Beaver Creek Boulevard (the "Analysis "). The Analysis (dated August 28, 2008) finds that the noise levels in this area meets the Colorado Department of Transportation (CDOT) requirements to justify construction of a noise berm. The recommended location for the noise berm is between 1 -70 and West Beaver Creek Boulevard and extends eastward from the Westlake Village Condominiums to the Greenbrier Condominiums (see Exhibit A). Staff is seeking approval of the project from CDOT and the Transportation Planning Region (TPR). Discussion: Staff has notified CDOT and the TPR of our desire to initiate development of a noise barrier within the state highway right -of -way. If approval is received from the TPR, staff will proceed with the CDOT application process. A separate review and approval by the Federal Highway Administration is required because theberm will be located within withinthe interstate right -of -way. Design documents will be submitted as part of the CDOT application process. Anticipating approval from the TPR, Engineering has distributed a Request for Proposal (RFP) to local civil engineering firms for development of design of the noise berm. Staff expects to make recommendation to Town Council for award of a design contract in December. Surveying of the project site was contracted separately and prior to the design contract in order to avoid conflicts with snow. The survey will be completed within the next two weeks. Town Manager Comments: Attachments: Exhibit A — Map from Hankard Environmental report showing berm location H ANKARD "ENVIRONMENTAL ACOU87IC5 AND VIBRATION CONSULTING FIGURE 3: RECEPTOR LOCATIONS AND BERM ALIGNMENTS MODELED I -70 Traffic Noise Analysis Results Page 7 of 13 Town of Avon, Colorado FINANCIAL MATTERS November 23, 2010 1. Sales and Accommodations Cover Memo and Report — September 2. Detail - Real Estate Transfer Taxes — October 3. YTD Building Revenue Report Actual vs Budget — October 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: November 8, 2010 Re: Financial Matters — Sales and Accommodations September, 2010 Surnmary: • September Sales Tax is up 2.35% from 2009, and YTD Sales Tax is down -.31% • For the month of September Sales Tax on Accommodations is up 39.19 %, Home /Garden is up 15.62 %, Restaurants/Bars are up 11.71 %, and Grocery/Specialty/ Health stores are up 4.57 %. However, Sporting Goods Retail/Rental has decreased - 29.66% and Service Related are down - 25.74% from September 2009. • Year to date Sales Tax on Home/Garden, Sporting Goods Retail/Rental, and Accommodations are up 11.76 %, 2.75 %, and 10.10% respectively. YTD Sales Tax on Other Businesses has declined - 9.15 %, - 3.02% for Restaurants/Bars, -2.22% for Liquor Stores, and Service Related Businesses are down - 11.64 %. • Year to date Sales Tax from West Avon has increased 4.03% over 2009, and the Riverfront/West River District is up 17.18 %. Annual Sales Tax is down -.46% in East Avon, -13.17 on Nottingham/Wildridge, - 12.87% on Out of City, and -7.49% at the Village at Avon. • Accommodations Tax is up 42.37% for the month of September, and up 10.45% for 2010. • Accommodations Tax on Time Shares is down 17.93% for the month of September, but up 5.46% for the year, while Vacation Rentals were up 62.46% for September and down -3.87% for 2010 YTD. Accommodations Tax on Hotels is up 69.53% for August and 17.64% YTD. • For September, Accommodations Tax in the Riverfront/West River District was up 81.08 %, up 17.33% in Town Center West, and down - 24.40% in Town Center East. Accommodations Tax is up 30.75% in the Riverfront/West River District area for the year, while all other areas are down. Town Center East is down - 11.76 %, Out of City - 22.98 %, Town Center West - 1.14 %, West Beaver creek -2.59, and the East River District is down - 11.94% for 2010. • The Riverfront/West River District comprises 50% of the Total YTD Accommodations Tax, while it was only 43% ofthe total in 2009. Page 1 07 M C O CO O L N U E w O O 0 C 0 U O o O (� N 0 M O N r LV LLI O Y M N Ix O O LL 0 Z `` w r O H LV t ° °o N CO) N O ■ O N O O N'. 0 0 0 0 0 0 0 of o 0 0 0 r M O M CO CO M O O O O OD N CO O M U� M M O O O tC� N t� M N M N O O O O O O r M N O 7 a N N N 01 N a n a C) Lo N m O n M M M N M On M U � a M N A r w In O W M N I.- V N C07 EA I.- O N M M O M M — N s CO CO n N N M N -: O a CO M M M O CO 0 M CO N_ CO N M OMD N O N N M CO r N M M M n CO M V' O CO w a M CO CM M N M v M M N N r EA M N O N� M n CR O CD 0) M 1 CO M Cn 0 M O O N M V: N n N M r N a M M — n CO CO CO Cn W Lo Lo M M CO M M v IT w w C07 CM7 EA M COO. M M N CMO. N O Cp C O N n M M M n M n O M C N — N N O O CO CO O CO M C OD O VL CD N O Cn CO M M C N M � M N N M N N Cn0 CNO a CO V CO M N v v v v M M d CO M 0 M N CO CO O Cl O C CO CO M O O O CO Cq O M U O h OD_ M ClM M N l0_ Cn 00 O M O CO n M n O s O co N N M M M M N M r O CO O n N 7 M cp N C N A V' N N O C O N) M M O N CO n N N N O N n CO O C N CO I-- Lo O N COO .�{ O O C ,w N N N M M N M M r 0 M O O N M M n M EA M co O CO O CO EA z M v_ M N M C9 N N N M L ens r M n M M M V' EA 01 M N t0 V' FR E w CL d N w N C ; v x m N O O O O O Z O ■ m a 0 a E m E E =2 O .o °' a O O ~ C O O O >. O O o V LL O O_ ¢' in 0 z 0 E w CL d N w N C ; v x m N O 0 O N M O O N 00 O O N m O O N CO O O N M O O N O O O O O O O O ■ O 0 O N M O O N 00 O O N m O O N CO O O N M O O N O O O O O O O O O O C) a 0 a a Cl C) C O O O O O O O O O C O O O O O O O O O O O O_ O O O O O n M M M n CC) M C O uj a =� CO) o Qom U LL X z�� ~ ON H J O N NN IAA I rL m I� ;a °o, °o, °o, o °o, °o, °o, o °, °o, O O 0 O O O 0 0 00 o O O O O O O O o O O 00 00 0 00 00 0 0 0 0 M N e-1 O C� O I� l0 Lr` Ict ICT 'IT M M M M M N V? V! AA- V> AA- V> V1 V? O O N cn 0 0 N co 0 0 N �I 0 0 N 1 I I I 1 1 1 • 1 n oo rn o 0 0 0 0 N N N N 0 U Q O O O O O O O O O vA 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 O' O O' O' O O O O O 001 00 ^O tD Ln V M N 0 V> In In V> In V> V> V> V> U0, 10 90� O ad s 4, b dG 7P xG It, b 9. �P �G $gIqc.R�@ o00 d4a °kI-- p� �7 m Ik k mmMnom Nnwcfe �k ®kL§ ■«Ke* © I a Qto cn CR §2 -RG ;$� %Bkp ■n�CO mm� 2 C %l G § qR8$� §§ �GB§Q§®$ 5�� -�� 2§eK■tƒ gS�m22k 0 ~Bk §A �7%f�� KS@2� n e q�m� ■�W k� \0/004 ��\ « % § 04 LO MI -- m � §�kkBM '�� %�gGo0) BAR& %m °k ��n�Igq Rg� @. R�$G -M K 5Ci%RgCi •a��o0 sgnto 0) G § � «cm «n g7WMN2� 2k777Qf 4) §m ■G%� c') I-- n«c� «moo " «� �0 wto0w0 Cow %C �o ;w� -��aw ] 3 � k ° « � k ƒ 0§ 0 01 « E.6 40 0 a) wzo3' R> 7 R n � \ )A Ln � @ � Q � � . D x § � J (A #cn ©: ) @ \ � O � O N 2 R \� k 4) tko ) «cli_ \& k : 0 3 J z � L >a Q O K to N o N N O Q m C N m f0 E U G1 N C O K L 0) E c N CL 3 0 E m 3 m m 4i Y v o L Q O m i H �L a v v E E O u m L m 0 0 Z r O Q Y N f0 W O O O O O O O O O O O C S S ' C C C pS 8 ppS C�p� p 8 8 o pS N oN S N 8 N N N N ei N ei N C N E U U N E O 2 G1 �y U O N a v t to Q O O a' v m W m i a Q z v LL m m 7 C f0 O S S S S O S 0 o S g S 8 S $ p CP S L S Ln Ln S S L L, Ln M M N N N .1 F4 C m r ch �0 Mf`0) 1 Map Cei} N aO Of t0 t0 �th�MaOa rMU`�i t00O� N NOM Of N M M Or MOfC MtNOO�� O M N t0 a�v�° �o a US N N M M t0 N N wNN OO�a�fO��'?N 7 t0 V r r r r O Q NO 00) N f601 N N O N M r N t0 r N r M r O W O N M� W 7 v 0 a co CO CO C O LO A lot r M r N r M O N (O N N O N M O C N N M M N O � V O N O O N t0 N N 4 0> 1- (h t0 a0 0f C aD 00 Oi t�opp m t00 w r N M O O N N Goo M M N C N 0000 LO M ON U) r t0 N O N CD N TC t0 M r, rr N O N N O M W N a�-r V 4 14 vm t0 M t00 N r tO�O 'C aOrON�t0 t0 !^7 Q N O t0 O N t0 Of r L6 N O O t0 M O W O N NtO NO)M L 00iO0�1N�oN�MN 0 Nco NM On OM cl �t0 t�NO�M E0�la! g N � N � a � N V Y N to N N o �? N N t00 dObi O N', t�0 Cq M N IL C', r a0o M � (00 N O�NNt0 Mt0 t0 r0 M 00 r N C C =c4N OOTMOO MNMOMM CONi��t�O Tfhr l0 Q m � T m l0 M W y C ra N 'O N m m2OC9�� in�Zo` =°E� �E = �8 N xC7 iU) wOU) tU O N O O O a ffff � G r' � II 3 'C C ro m x o a IA _W m a N Y {/i u O Q L 0 N �d L m O N o G to aco A E � o u 6 Q 7 ti 3 v c m K fA _m N N 0 N N d N d C U N W t 0 f0 C N ww CL C CL) N N O N 1 9 x E H R N d7 m m N d O 7 0 m i v O N f �L m CL O E C C7 w „K a s H C w `o `o c J? Y N 'u d aL+ M � 2 u O W m d O o 2 pp p p p p p pp p 0O O pp8 pO 8 O pO O p0 O O O O 8 O g O O O O O O O O O O (n oo N ID Ln Ln In N - 01 00 Il l0 ll1 R M N rl r W W 2 NY � 1.6 0 'M p�\ Q � V LL p� zp� cc paw Q V r p o N V V a N C O L N U E w O O 0 O N N N 0) U� O) rl-: M 0 0 0 N a O 0 a I i i 0 O O A A a0- co co N f0 N aN- C7 a(pD O f0 OD O H M M O W N LD 0 Or M W N C O W M O d' q CO O O N O Cr0 N� N v (N O O (� N O N O O) co M N O) O) co co O O N co N m m M O 1'- O M W W N a) O O O N CM 00 1e'- � O Ln O) (00 N act O 'I co r N CO N O) M 9 O O N d' M N N O W n O N O O N Vi ff) co CO CO M O) 1-- M co N N O) W O 00 n O O O N M CO (O N 1.- O O N_ N O d' CO W 00 V d' N (O O O N O M O M 1� N N O C7 M N Orl (O (O co M A N CO O M W O CO W O O W N M M N N N N O `N O N fR f�H O O O M CO 1� O O W M O O M 0 O N n� V 000 Iq N n N N O N (o Gr O N N N N O v N lC Q � � N OOi. M lo: N cst fO (1+i d0,' (O N N N O N 000 N M O) N O N a) (O N M W O CO N (O N O N N N � co w M Ln d' N EA f�H O) GO N O M� M O O O N O (O O O M O O) (O O O 7 W N O O O) 1l aD O�� O O CO O M O) O Ov f0O r N CO 0 O M O N N CA ff! d � r y l0 3 �) O C M (TO C = j y U O N ~ LL 2 Q S 4, Q Vi 0 z o L d E Q d L w w V 0 K to C V CO G 0 v Q O O O O O O C C O O O C O_ O O O O O co (O _ (O O O N O) O O N co O O N O O N O O N O O O N � W CO N M� n N r COON CO TfON(Oan MM nL n N n n N COO CON 01x0 r N E Sri 6 6 of 6ri LO co co co m N n n� N N w �p 7N�aNCMDNCO I li rC6 C6 cli QCOOC�ooa � N ONN IN CD 60 O M O �o�ooao �0001-N nN r'� V a -CO C4 O N m N M M M M �OMMN-1 00 M n o C O 01�t0 01 CO CO$n �a�i vno N nv>m IM co NCD0)0 gn CONnaDN C�7N co N q Lq It r V to N oMnm CL COaOV,ao QM CO CO NOn C000rnoov rnMrnn N - CONN v�C001NMMC0 N COn01NW 0 G � r'nLgq W O N M n - C O N M O r ZCOO CONY V R W CO 01 O �t0 OOCONC6 �nNCO�CONM mCO COVCOn MM LL0) -7Nnn a N - a W ZCO CO r CO 01 A o 0 0 Y cn-:oo0LO O O M N N Y O .. Y >_ H N R V CL N m C C>O S N O V w U m 0 W cc H0 H� -WW (T N O N d K V w 2N G L Q C Y � V d i >m m a F 3 N C � 3 ++ m O r O E F- O V a V ° r O N W d C V 3 r° pp pppp pp pp pp pp pp p pp O � O O O O O O O ' pO Ln N 8 n N N O C` N N N N N N N o § §§ �$\$K sCM 2q§A E g kC)k� & 2 ©§4R � § CL 0§ 2&®� R R f&$ k 2 OR § 'M �d S §� §Pt . C6 - o � 2 ,r § ro�� \ �q�§Go co aaC & � § qea � kk� § C6 � Cli k E E =■A «■ \ g C4 CD r- e�c © �Kcivi1 E � (0 Ce � R g�2& § , +aWc . J2 RmC4 R �## #� § § § « cc ¢ ®�� c �$ «0 � « 8 a a « a % 2 K § % 2 § § ( § § k 3 �■ k � I § &x/ ii > 2 CA k Purchaser Name Town of Avon Real Estate Transfer Tax Calendar Year 2010 Property Amount Received Riverfront PUD The Gates at Sep -10 $ 446,061.09 $ 1,139,117.24 $ - Land Title Guarantee Falcon Pointe 109 -25 36.00 Land Title Guarantee Falcon Pointe 110 -37 15.00 Title Company Rockies Mtn. Vista 40 -10 872.00 Title Company Rockies Mtn. Vista 41 -10 952.00 Title Company Rockies Mtn. Vista 42 -10 376.00 Title Company Rockies Mtn. Vista 43 -10 318.00 Lore Bertuch Avon Lake Villas 1 -1 5,870.00 Westlund Investments Avon Lake Villas Q -2 8,300.00 Anthony L. Snyder Avon Villas 203 4,300.00 Michael & Kathleen Moore Buck Creek Condo 101 7,700.00 SEI Properties LLC Chamberlin Townhouse 8 7,100.00 Frank Merendino Jr. Greenbrier Condo C -24 8,000.00 Unit 102, ATS, LLC Avon Town Square 11 -102 5,000.00 Ozark Moter & Supply Company Avon Town Square G-4 4,380.00 Ozark Moter & Supply Company Avon Town Square 11 -201 3,095.00 David W. Short Mtn. Star Lot 70 95,000.00 Dominic & Jill Fragomeni 2550 Old Trail Road A 10,500.00 Steven & Came Solomon W R Lot 26 -A &B Blk 2 13,500.00 Chicago Title Ins Riverfront 39 -10 9,548.00 Chicago Title Ins Riverfront 40 -10 15,713.40 Chicago Title Ins Riverfront 41 -10 7,120.00 Chicago Title Ins Riverfront 42 -10 14,879.80 Total October Revenue 175,314.00 47,261.20 Total YTD Revenue 621,375.09 1,186,378.44 - Total 2010 Budget 700,000.00 1,250,000.00 Variance, Favorable (Unfavorable) $ (78,624.91) $ (63,621.56) $ - H H H H1nUtUlr Htn y r d tdHln ym Ht7(n O O O O &N4UI ON f] En ,d yH H H yHNNNCH HqN b o 0 o 0 n In &rr a13Pd Mr-3 OW fCZ�t" 3H WWO C O t'WN3F, m m C N N N CO O O l0 W W C H CHOyfC71 o mro C y r r -j -j tr H H H H bi 3 H I W H H H O r r O r ro O W H t" O H CJ I O G] H H 7. o K Z •• Z G] •• \ ro 'U r H Wt7(n10 Enw t�] t•H[l �j ro,nv � tt" 0 m n I [sJ Cl (nr I I r O C. Z Ly H In N No W W H '4 H P 0G]Htt]]o �I�y.( I N� HL O O O W O �ZIC(xo 1 off 1t77 dry o0 a\ r. dz MWHOO v H rrol roz b z zcon w 1 H � Hp r on n��ii RZ o oN t'7 w w m HH I !n G] r (p En ft ] C fn fn fn H W fn a N t� �WH O IT'yC� Pd I yz� 14 L21 I C1 CC� G1 (D I ro 130 I� m C P] H H H tp m 13i n 0 r O o r r r rr � -j v w N & ()) 0 o p Ul (n Oo m a 0 0 0 0000 0000 00 n 0 0 0 0000 00 � (p N 0 0 O o 0 0 000 0 0 0 0000 0o h] H (p a tq K L-1 w o < C 0 L21 0 0 l0 CD CD N N 01 01 Wo �z 01 01 01 CD N3 U1 JM P- 0 O O W Ul m 01 Wro p O O O m 0 m N N to H ;d 10 $0 r� �-i m m m a0o� rr HO [ny rn m m 0000 mm co to C N $V O N w z o ro r p 0 Pd H W (n 0 & W N H p Cb r t� a O O 0 0 0 0 O o UI 0 0 0 0000 0o En m ,P N O N K ` Ul r r r r r 10 CD lD m m m tom r mm 0 4. & 0 0 m r w w w 00 0 0 o HU1rUt mm C N N N 00010 W W tzzs] iJ Ut U1 U1 w 0 0 w rr CH Ul U1 U1 m0oCID vv h] I I I I I N N w w N w r r u, 1 I to o m to to In &rr w O 0 O Ir In to to m m C N N N CO O O l0 W W to Ul U7 U7 In U7 W O O W mOOm r r -j -j tr y rm t�] P r r r r rr o r r r &Om Ut 00 W W W N �P r m 01 01 K O O O W J w 0 0 O O O 0 CD 0 O r 0 00 a\ r. O 0 2 0 O � O Q — 3m wo O m Y O p p N 0 C 3� W� m O U m y W m 0 C q > L" Q U Ul N o n % i s C � O t N x m F W� O Z O C O O O N m � E c m � e q U Z a�a m � m SI O °m 0 Q: O W O 0 O E Q LL m O_ U 0 W O O lh M ar ai mad u�' O Oi Oi tD A q N N N O N h h M 0 0 m� ,O N q m bm m 9 O O 0 N N n O w n n M n c°� woi H N tO�l W m N W lh N n m h O Nl� O W 0 Cf m ,N 8 N N i Ell Y W Cf 0 °W W , . , , , , , , , , , Y pr N W Y O O O p8p08 Rgg�� 8 6 8 m0 yy N N O N O CD (O O N N O m N 0 F) M mm .. 1� �N�pp O C) (opil N a Na r O� m OD i CN9 r t� O Y � N N N N N t7 IIIVVVV M O O room ymyv m�°n � °a�pp �8p pv mg qrn cin Ol S O N b n m N th W O N N N � a vaeavavv..66`i�a� m a m a m m �i$8i$8i8 $din nnAnA e< e e a a m m rn m O Y 8 885�8Q8Q85�8g8Q88 °0 °0 °0 °0 °0Q - - - - 525258000008 8 N N N N N N N N N N N N N N Salt <pp Imp a" e 2 i 2p r m pip pip ^ p �p �p h N 10 �O A n m W , , , , , , , , , , , • , ,I . n N 8 � m W ok r OY N mm p I n m N N 116 r m A N m N O b Ol b q O < 0 0 0< O« O Y< 0 0 Y N m m m m m m m m m m m ao n 8r n n n n n n n n n n n n It N M . .Q858�Q8 Q8 Q88Q Q858�8Q Q8 Q88 QSQ 8 G0 0 0G 0 0 0G 08 S$ 2885 8GG G$G G0G S. 8 N N N N N N N N N N N N N N r N m N m O. th yr� m m O l7 N N b m (�r(�VyVm Wp mom OOccDD N N lN') t�l Y Y N .O tNp m n 0 m m . , , , , , .1. , , , , , , , , , , , , ,i, , , , , , , , , , , , , ,I, m m m m m m m O m m m m m n W W W W W W W m N N N N N O O G O 0 0 0 r 0I O) N Oi W N � CaaD N N W { mp N N OI (AO M O A N (t.Nyl (�� N N (p�yf � �p � m N O r < c2 N N N N m th O W ,I N N N N N N N< A A n A n lh N 17 m .N N ,[1 .1l Yf ,N � tWtDD m Wm Om� Wm Om� ' N N N N N N N th O O O O O A M lh (7 M M M M N Oml n N N O m m 8 M W mp 0 N M N Oi W �1 fV A Oi N 8 tW�l `O N{ m Ord (�yO N Y `Cq�' Ol 1m� A ttDD ONO W ttt��h n ttpp A r A W t7 n t�1 N p M t'1 t7 Ol m cd t7 m N N N N O pmp� Ql m m 0 m O O O O O O O r 0 0 « O Ol tO impp O N< m m m O N V op O O A N fN0 f0 'Al N m.. W 8 O O M 0000000 oBoSS o 8888 S N N c%�{ . , �N�{{ fNfst� (N�{{ cN�{{ CNC{{ cN�{{ --an Ol W $ b 0 0 0 0 0 0 0 O O O O O m N N N N N N N Nm N�pp r m m g g m m tp m tp m pp 0 0 0 0 0 0 0 O O O O O tO Q O 0 0 Y 0 0 V' < O Q< .00 C N 19 t�] t�l t7 t7 ' t.i t7 t7 Ol ' pJ 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N mN m QNp m Q m QNp QNp N N H� N a 0 0 0 0 0< O .6,6 . Q O W mA O d O O d V< O V O O O O O O O O O Kmm O K 0.' OI CN 0' Kmm O K tU N U U N NBA8 rp m E2 N m mmQ� E y WWp� W W uJ E �n o pp a m O m C Hb LL N U N m d N N C p LL ,�. N 8 W 0 N� - 'E LL N O O 8 O f n <`! g y E. E O rj F N g E O n r N E O O N m° m 2 e N N m m aYy °oN m 2 m$ rn E$ m m° a W mtf o m °oN N N 0 N o E o E N 2 m °6 o m c °c N Z O N m IL Q N V Z O N 1qq m dam qm' �8 LL Q '7 N Q (/1 O Z O N 1qq m mam G > >o -� LL Q N Q N O Z O @ @ (� (� Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Approved By: Patty McKenny, Assistant Town Manager /Administrative From: Jennifer Strehler, Director of Public Works Date: November 23, 2010 Re: Avon WWTF NPDES Permit Renewal Comments to CDPHE Summary: Open public comment period for the National Pollution Discharge Elimination System (NPDES) discharge permit renewal for the Avon Wastewater Treatment Facility (Avon WWTF) ended 11012010. This memo offers analysis and review of the draft permit and provides the Town Council with a copy of comments filed by staff on behalf of the Town of Avon. Background: Water quality in Colorado is regulated by the state's Water Quality Control Board (WQCD). Domestic and industrial dischargers are permitted through the Colorado Department of Public Health and Environment ( CDPHE). The Avon WWTF is operated by the Eagle River Water and Sanitation District (ERWSD) under NPDES permit #000024431. This permit expires 12/31/2010 and requires re- issuance by CDPHE. CDPHE reviewed the plant performance over the period November 2005 -April 2010 as part of the 5 -year NPDES permit renewal process. The public also has the opportunity to comment during this permit renewal period. This creates a channel of communication between any member of the public wishing to inform CDPHE of their experiences and opinions relevant to this permitted discharge. Discussion The new NPDES permit added several things as compared to the previous permit: • Added anti - degredation requirements for ammonia nitrogen • Added compliance schedules for several parameters • Added requirement for continuous temperature monitoring During past year, CDPHE found excursions or found a reasonable potential for excursions of the following parameters in sampled effluent as compared to regulatory limits: • ammonia nitrogen (excursion) • total inorganic nitrogen (excursion) • pH (excursion) • total residual chlorine (excursion) • arsenic (reasonable potential) • hexavalent chromium (reasonable potential) • total mercury (reasonable potential) • dissolved copper (reasonable potential) • cyanide (reasonable potential) • dissolved manganese (reasonable potential) • dissolved silver (reasonable potential) The Avon WWTF plant is rated at 4.3mgd maximum flow and 9,400 ppd BOD5 maximum influent organic loading. The draft permit does not provide for any increases in allowed flows or loadings to this plant as compared to the previous permit. The draft permit summarizes discharge monitoring data from November 2005 — April 2010. This data reports the following: • Influent BOD5 concentrations varying from 190 to 650 mg /I, with a average monthly value of 281 mg /I. [Nationally average influent strength is about 220mg /I BOD5f [Influent to the Gypsum WWTF is 211 mg /l BOD512. • Influent BOD5 loading varying from 2,938 to 11,926 ppd, with an average monthly value of 4,908 ppd. The maximum reported month loading of 9,101 ppd suggests that the plant is at 96.8% of its rated organic loading capacity. • Influent TSS concentrations varying from 197 to 750 mg /I, with a average monthly value of 431 mg /I. [Nationally average influent strength is about 220mg/I TSSf [Influent to the Gypsum WWTF is an average of 151 mg /1 TSS]Z. • Effluent flows varying from 1.4 to 4.1 mgd, with a average monthly value of 2.0 mgd. The maximum reported month flow of4.1 mgd suggests that the plant is at about 95.3% of its rated organic loading capacity. Based on this information, the influent to the Avon WWTF is considered "relatively strong" for domestic sewage. Since there are relatively few industrial discharges in the area, I expect that this higher strength is primarily due to the solids loading from the Vail WWTF (where no solids treatment is provided). The other observation is that the maximum month flows and loadings during the 2005 -2010 period did reach a point in excess of 95% of the plant's rated capacity — a point at which engineered facility plans are usually required to plan for plant expansions. Linn Brooks of ERWSD indicated that expansion of the Avon WWTF is in their capital plan within the next five years, including expansion of both the solid treatment system and the liquid treatment and discharge capacity. The Town of Avon will want to stay in communication with ERWSD about this matter when they initiate design plans for plant expansion, expected in 2013. When the Avon WWTF submits plans to CDPHE for plant expansion, the NPDES permit will require amendment and another open public comment period will occur.. Comments to CDPHE: 1. The influent to the Avon WWTF appears to be quite strong in terms of BOD5 and TSS concentrations relative to other municipal treatment plants. The Town of Avon assumes that this is due to the solids discharge back into the sewer by the Vail WWTF, since that plant does not have solids stream treatment. As part of this new NPDES permit, has CDPHE sufficiently considered whether each of the existing treatment unit process capacities are sufficiently capable of handling this high loading (both liquid and solids treatment trains) in its decision to continue to rate the plant for up to 4.3 mgd and 9,400 ppd BOD5? 2. The Town of Avon requests to be involved early during the planning and design process for expansion of the Avon WWTF, preferably before public comment period is likely to open for an amended NPDES permit. 'Wastewater Engineering: Treatment, Disposal, Reuse ", Metcalf and Eddy, Second Edition, Page 64. 2 Gypsum WWTF draft NPDES permit #000048830 , page 4. • Page 2 of 3 3. During the past 5 years, the Town of Avon has observed many odor excursions from the Avon WWTF. Town Hall and Notthingham Park, both public gathering places, are adjacent to the Avon WWTF. The Westin Hotel (_ bed lodge) and Riverfront Gondola are also adjacent to the Avon WWTF. Thus it is very important to the Town that odors are kept well under control. Financial Implications: None. Town Manager Comments: • Page 3 of 3 it AVON W'VZJII C O L O R A D O • `i a Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manage Date: November 17, 2010 Regarding: Eagle River Monitoring and Assessment Program During the budget retreat, the council reviewed a number of requests for funding, including that of the above referenced agency. The results of that process with regard to the Eagle River Watershed Council are reflected in the letter we sent them on October 13, 2010 signed by the Mayor (attached). We received a response from the watershed council which is also attached for your information. No action is required from you and this memo is Informational only. Jenny Strehler will continue to be involved with the storm water group and the water quality monitoring group meeting. This level of participation is appreciated and will keep the Town informed and involved. (2 ) Eagle River Watershed Council, Inc. Advocates for our rivers Ronald C. Wolfe, Mayor Town of Avon P.O. Box 975 1 Lake Street Avon, Co 81620 November 10, 2010 Kathy R. Chandler -Henry, Board President Arlene S. Quenon, Vice President Josiah Macy, Vice President John Mosesso, Secretary Phil Frank, Treasurer Susan G. Pollack, Assistant Treasurer Dr. Thomas Steinberg, Chairman Emeritus Adam Bybliw, Director Bill Carlson, Director Phil Hancock, Director Keith C. Kepler, Director Dr. Joseph LeBeau, Director Timm E. Paxson, Director Steve Sarro, Director Melissa Macdonald, Executive Director Subject: Proposed Funding for Eagle River Watershed Monitoring and Assessment Program Dear Mayor Wolfe, The Eagle River Watershed Council (ERWC), on behalf of the Eagle River Watershed Monitoring and Assessment Program Partnership (Partnership), thanks you and the Town of Avon for thoughtfully reviewing our recent request for funding to support this important, long standing, Monitoring and Assessment Program. We understand and appreciate the tight budget constraints under which the Town has been considering our request for financial participation in the 2011 Partnership activities. Knowing the value which Avon places upon water quality and stream ecology issues, we had hoped that Avon could join the Partnership as a full partner. For 2011, and for prior years (since 1998), each partner has been able to commit the amount that has been requested of them, based upon equitably (not equally) sharing the expenses we project that we will incur. In 2010, local (1 -70 corridor in Eagle County) partner contributions ranged from $6,000 to $20,000 and the U.S. Geological Survey provided $41,000. In 2011 the proposed local partnership levels range from $9,000 to $25,000. Based upon maintaining this level of participation amongst all of our partners, we must regretfully decline the Town's offer to support the 2011 program at your proposed $3,700 level ($2,200 to Monitoring and Assessment and $1,500 to Water Program Director Position). While disappointed that the Town could not participate at the necessary level met by our other municipal and special district partners, we do understand the fiscal and political considerations the Town outlined in the letter of response to our funding request. We will continue to engage and invite the Town of Avon to participate in discussions of local and regional water issues, such as the upcoming Stormwater Group and Water Quality Monitoring Coordination Group meetings in which Jenny Strehler is included. We would welcome the opportunity to periodically address and educate Town Council and staff with our most recent findings on water quality conditions, as they are completed. P.O. Box 7688 Avon, CO 81620 Phone (970) 827.5406 A community supported 501 (c)3 nonprofit organization www.eagleriverwatershedcouncii.org Also referencing your letter, I would like to clarify any confusion for you as to how ERWC receives funding. Avon residents who pay their water and sewer bills, as do all residents of our valley, are not contributing to ERWC. I like the concept of a percentage of those bills coming to us, but such is not the case. Your membership in the UERWA does not go to ERWC either. You receive a service from ERW &SD for your membership. We are grateful for contributions we have received from the UERWA, but the donation is not a result of your membership. And finally, we receive none of your mill levy property tax remitted to the Colorado River Water Conservation District. The Colorado River District is the principal water policy and planning agency for the Colorado River Basin within the State of Colorado. The River District is responsible for the conservation, use, protection, and development of Colorado's apportionment of the Colorado River providing legal, technical, and political representation regarding Colorado River issues. They do have a grant program but we are not the recipient of any of their grant funds. We are a 501 (c ) (3) nonprofit organization and are not guaranteed funds from any taxing or (quasi) governmental entity. Our mission is to "advocate for the health and conservation of the upper Colorado and Eagle River basins through research, education, and projects and provide a forum where everyone can gain a greater understanding of the Eagle River environment"without bias toward groups that fund our programs. I would most welcome the opportunity to meet with you individually, Mayor Wolfe, to clear up any other misconceptions you might have about our funding or our commitment to our mission. And finally, with regard to your solicitation for funds on our behalf from the other UERWA members, please know that we will continue to provide information emanating from our Partnership's work to them, as well as to Avon. As you are aware, UERWA members have differing concerns regarding the health of the river. We are pleased to be working with two members directly on projects of importance to them, and to us. We prefer to develop our relationships by meeting with our stakeholders directly, by understanding the issues they perceive as related to the work we do. We find this mutually supportive relationship and our commitment to the health of our rivers provides a strong basis for the public confidence we have earned. We at ERWC appreciate and gratefully accept the Town of Avon's commitment of support for our 2011 Eagle River Clean Up project ($1,000) and general ERWC Administration /Operations ($1,500). In future years, perhaps as the economic climate improves, we would again appreciate the opportunity to engage the Town of Avon about joining our Monitoring and Assessment Partnership within the parameters met by our current partners. Sincerely, Melissa G. Macdonald P.O. Box 7688 Avon, CO 81620 Phone (970) 827 -5406 A community supported 501 (c)3 nonprofit organization www.eagleriverwatershedcouncii.org NEARTorthe VALLEY 1 Melissa MacDonald Executive Director Eagle River Watershed Council P.O. Box 7688 Avon, CO 81620 October 13, 2010 Post Office Box 975 ]Lake Street Avon, CO 81620 970 - 748 -4000 970 - 949 -9139 Fax 970 - 845 -7708 TTY Subject: Proposed Funding Partnership for the Eagle River Monitoring and Assessment Program Dear Melissa, Thank you for presenting information about the Eagle River Watershed Council (ERWC) at the September 12, 2010 Town Council meeting. Please know that we highly value ERWC's work to improve the health of the Eagle River. The Town agrees that the water monitoring and assessment program is very important. In fact, this program and your ability to facilitate regional discussions and improvements in water quality is vital for this region. Avon does want a partnership role in discussions and decisions about regional water quality issues. The Town Council reviewed your request for funding at our recent budget retreat as an indicator of the importance we place on this matter. As you know, Avon contributed $6,000 to ERWC in FY2010. Unfortunately your request for FY2011 exceeds the amount we are able to appropriate next year due to budget constraints. We ask that you also give consideration to the fact that Avon's residents are already contributing to the ERWC via their water rates, their sewer rates, and our membership in the Upper Eagle Regional Water Authority ( UERWA) and through the mill levy property tax remitted to the Colorado River Water Conservation District. To address equity issues and better fit our budget constraints, we recommended the following approach to funding the ERWC for FY2011: Town of Avon Water Quality Monitoring Partnership Recommendation FY2011 Amount FY2011 Amount The Town of Avon is offering a total of $6,200 in support to the ERWC for 2011. We would like to see each of the other five UERWA members also contribute $2,200 toward ERWC's water quality programs in Requested by Recommended by Purpose ERWSC Town of Avon River Clean -Up $ 1,000 $ 1,000 ERWC Administration / Operations $ 5,000 $ 1,500 Monitoring & Assessment Studies $ 6,500 $ 2,200 Water Program Director Support $ 6,500 $ 1,500 Avon Total $ 19,000 $ 6,200 The Town of Avon is offering a total of $6,200 in support to the ERWC for 2011. We would like to see each of the other five UERWA members also contribute $2,200 toward ERWC's water quality programs in Letter to MacDonald October 13, 2010 Page 2 of 2 order to fairly distribute this partnership among the six members of the UERWA. We feel that this is appropriate since all UERWA members benefit from river water quality. Assuming that all of the other members agree to participate, their collective contributions would generate another $11,000 for the monitoring and assessment effort. The Town of Avon is the local land use authority, owner of property along the Eagle River, manager of a stormwater program, and the major owner of water rights within the UERWA. We believe it is important for ERWC to provide a "seat at the table" to the Town of Avon and to the other organizations that have different interests and points of view regarding important water quality issues within our region, regardless of the level of financial support. We believe that this approach will strengthen the partnership and result in a higher level of public's confidence in the resulting outcome. Please let Patty McKenny know if you have any questions on Avon's proposal. To assist your efforts, we have copied the other UERWA members with this letter in the hope that they will also contribute funding to this important program. Sincerely, Z C. 4)r4� Ronald C. Wolfe Mayor cc: Bill Simmons, Association Manager, Arrowhead Metropolitan District; bsimmons @vailresorts.com Clyde Hanks, General Manager, Beaver Creek Metropolitan District; clydeh @beavercreekmetro.com Rick MacCutcheon, Community Manager, Eagle -Vail Metropolitan District; rickm @eagievail.org Cheri Curtis, Account Manager, Berry Creek Metropolitan District; cheri.curtis @email.com Cissy Olson, Account Manager, Edwards, Metropolitan District; cissy @rmpccpa.com AVON C O L O R A D O 010 1. Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Mana Date: November 17, 2010 Regarding: Eagle River Watershed Plan Update The County has invited the Town to participate in a joint effort with the Eagle River Watershed Council to update the 1996 Watershed Plan. The relevant information to this process is attached. Kristi, Jenny and I have discussed this matter and believe it is appropriate to send Jenny as our representative in this matter, with Kristi as the alternate if needed. I will monitor this situation to make sure we are not overloading either of these ladies, and suspect they will not hesitate to tell me if that is becoming the case! Larry Brooks From: Sent: To: Cc: Subject: Attachments: Categories: Dear Town Manager: Clifford Simonton [Clifford. Simonton @eag lecou nty. us] Monday, November 15, 2010 3:06 PM Larry Brooks; billk @basalt.net; willy @townofeagle.org; jeff @townofgypsum.com; manager @minturn.org; trcbot @aol.com; szemler @vailgov.com Bob Narracci; land plan @centurytei.net; Robert Morris; #Commissioners; Bill Heicher; Doug DeChant; Greg Moffet; Lynn Fritzlen; Michael Long; Pat Hammon; Pedro Campos; Pedro Campos; Steven Nusbaum; Tim Carpenter; Tori Franks; Vern Brock Eagle River Watershed Plan Update 120110PATmtgagenda. pdf Blue Category As you may know, Eagle County and the Eagle River Watershed Council have partnered together to update the 1996 Eagle River Watershed Plan (ERWP). The first phase of this process resulted in a published study entitled "State of the Rivers Report" which was distributed to all watershed stakeholders just last week. Hardcopies were also delivered to your respective Town Clerks for distribution to key staff, as well as appointed and elected officials. A copy of the report is also retrievable at http:// www. erwc. ora/ ProiectsProarams /StateoftheRiver.aspx. At this time, we are assembling an advisory team of twelve key municipal and water resource partners to help draft specific amendments to the ERWP. We would very much appreciate your selection or appointment of the appropriate Town representative in this process for our kickoff meeting to be held from 1:30pm to 3:00pm on December 1st at the Eagle County Building, 500 Broadway. Your appointed member will assist the Eagle County Planning Commission in redrafting this important community water resource plan. A critical goal of this effort is to collectively understand the water resource issues you face as a municipality, and how regional policies and cooperative decision - making can help protect and enhance your community's natural resources. A draft meeting agenda is attached to this email. We would appreciate an RSVP by your appointed member no later than November 23,d (apologies for the short notice) so we have a accurate head count. If your prospective appointment to this advisory team has any questions, please do not hesitate to contact Cliff Simonton at 328 -8751 or Tambi Katieb at 328 -4364. Thank you in advance for your continued interest and participation. Best Regards, Cliff Simonton Tambi Katieb Eagle County Community Development Eagle River Watershed Council Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Approved By: Patty McKenny, Assistant Town Manager /Administrative From: Jennifer Strehler, Director of Public Works a� Date: November 23, 2010 Re: Eagle River Water Quality: Regional Storm Water Discussions Summary: Storm water, and non -point source pollution in general, is under review on several fronts in Eagle County right now. This memo offers a summary of the many activities regarding storm water and how each may impact the Town of Avon. Previous Council Actions: September 14, 2010 —Eagle River Watershed Council (ERWC) described their organization's role in local watershed oversight, technical assessment, and regional planning and requested funding for the monitoring program planned for 2011. September 28, 2010 — The Eagle River Water and Sanitation District (ERWSD) described recent work using a multi -metric index (MMI) to quantify the presence macro- invertebrates in the Eagle River and Gore Creek. Data regarding nutrient concentrations was also presented. The scientific data shows that the stream biota is experiencing negative impacts from human activity (e.g., from both point source and non -point source discharges). Background: Water quality is regulated by the state's Water Quality Control Division (WQCD). The recently released State of the Rivers Report is a good source of information about water quality in Eagle County by drainage basin and subbasin. 1 Currently, Gore Creek is designated as a "Gold Metal Trout Stream" by the Colorado Department of Wild life.2 The Eagle River does not currently have this designation. Neither Gone Creek or the Eagle River are currently included on the State's 303D List — a list that identifies "impaired" waters of the state. Recent sampling and analysis work shows that water quality in the Eagle River and Gore Creek is negatively impacted by human activities with non -point source discharges (e.g., storm water, urban runoff) contributing to this problem. Continued degradation of these streams could result in a 303D listing and /or downgrade of the trout fishing quality rating for Gore Creek. 'State of the Rivers Report is available at: http:ltwww.erm.org/Praig6;IsPrggrams/StateqftheRiver-asi) x 2 To be designated as a "Gold Metal Stream ", the State of Colorado Department of wildlife requires trout catch quantities of 60 Ibs per acre with at least 12 trout that are over 14" in length. — Kendall Bakich, Aquatic Biologist. If either of these things happened, it would likely have significant negative impacts to recreational tourism. Discussion There are three activities happening in parallel at this time regarding local stream health. Each is summarized below: 1. USGS /ERWC Monitoring Work— A stakeholder group met on 11/17/2010 to share information and coordinate river monitoring activities for the coming year. There are many groups conducting separate sampling activities. Groups include: USGS, CDPHE, ERWSD, DOW, Town of Vail, ERWC, Battle Mountain Development Corporation, Adams Rib Ranch, Arrowhead, Town of Gypsum, Colorado River District, CBS Operations, Inc., and Eagle County. The Town of Avon is not conducting any sampling work but town staff attended this meeting to stay informed. One of the discussion items of interest to Avon pertains to the use of the USGS Repository web site as a possible single point of public accessibility for data made available to the public by any /all of the various sampling groups.' Data collected by USGS is added to this web site relatively quickly for easy access to the public, however data from others does not automatically get entered there. USGS staff stated that they charge $10,000 per data set (regardless of size or if combined from multiple sources) to receive, process, and post data from outside sources. Minutes from this meeting should be made available within a week or two. This stakeholder group plans to meet annually, with the next meeting tentatively scheduled for about August 2011. 2. Urban Stormwater Group — A group of local water quality experts met on November 11 to discuss concerns over water quality and formulate an action plan to improve the situation. Minutes from this meeting are attached. The focus of this effort was to develop a strategy aimed at creating of a financial mechanism which could be used to pay for a variety of needs regarding non -point source pollution. Example needs are field sampling, storm water improvements, watershed restoration, public education, and other efforts which are targeted at improving water quality. As these efforts are needed regionally, funding mechanisms that provide regional applications would be the most beneficial. One possible approach is creation of a Water and Drainage Authorityvia intergovernmental agreements to share costs and coordinate efforts. The group agreed to research the Aspen model for storm water management, begin a mapping the location of non -point source discharges (ditches, culverts), and to meet again in December. 3. County Planning — Eagle County is initiating an amendment to the existing Eagle County Watershed Plan. Ray Merry is leading this effort. A partnership advisory team has been established including representatives from the towns, metro districts, and others. The project kick -off meeting is scheduled for 12/1/2010. Jennifer Strehler or Justin Hildreth will participate on the advisory team on behalf of the Town of Avon. Financial Implications: None thus far. Mapping of Avon's non -point source discharge locations will occur over the next few months with in -house staff as weather permits. I USGS Repository web site: /Irm sc,cr,u of drl efau .as x? r ect =Ea le • Page 2of3 Town Manager Comments: Attachments: Minutes and attendee list from the Urban Runoff Group meeting held on 11/11/10 • Page 3 of 3 �� MEMORANDUM Urban Runoff Group November 11, 2010 Attendees: Linn Brooks, ERWSD Bill Carlson, TOV Carol Dickman, ERWSD Shanna Koenig, NWCCOG Melissa Macdonald, Eagle River Watershed Council (ERWC) Chris Maines, ERWSD Ray Merry, Eagle County Jennifer Strehler, TOA Bob Weaver, Leonard Rice Engineers Lane Wyatt, NWCCOG Kirby Wynn, Eagle River Watershed Council Bob Weaver reviewed that in 2004, the CDPHE and the Water Quality Control Division (WQCD) issued a Nutrient Criteria Development Plan for Colorado with the Colorado Water Quality Control Division's proposal for numeric criteria for total nitrogen and total phosphorus for rivers and streams scheduled for a rulemaking hearing in June 2011. The District has been an active participant in this work group. The health of the macroinvertebrate community is measured using a multimetric index (MMI) which was developed to discriminate between minimally disturbed sites and those with significant anthropogenic influences. The MMI scores for Gore Creek through areas in East Vail and Vail Village, above the Vail WWTP outfall were below the `attainment threshold" identified in the WQCD Aquatic Life Assessment Methodology. MMI scores for Gore Creek below the Vail WWTP were somewhat improved from the areas in East Vail and the Village and above the "attainment threshold" for aquatic life use. These guidelines will be incorporated into the 303(D) listing methodology for 2011. Bob Weaver stated that the WQCD has proposed the use of a statistical correlation between bug populations and nutrients for development of numeric criteria for phosphorus and nitrogen. However, it appears that there is not a good correlation between MMI scores and high nutrient concentrations in Gore Creek and the Eagle River. Indices can be formulated to show sensitivity to various stressors. The imminent adoption of nutrient standards will result in greater regulatory emphasis on the control of non -point source of nutrients such as soil erosion and urban runoff. The District will work towards compliance with point source requirements. But it will require a broad stakeholder approach to address non -point sources. C Tocuments and SetdngsystreblerTocal SettingsWemporary Internet Files\ContentOutlook \W VK3T6HT\Urban Runoff Group Minutes.doc There was discussion on the benefits and downside of having the state place local streams on the 303(D) list, the list of streams whose quality is impaired relative to their designated uses. More funding could be available for projects if streams are listed, but generally the group felt that it would be better for our community to not have our rivers listed. Discussion ensued regarding various funding opportunities including: Eagle County transportation funds and CDOT Funds which would require matching funds. Linn Brooks distributed a copy of a memo from District Counsel that outlined several types of governmental entities that have the authority to provide and fund a storm water management program. After consideration, it appears that forming a Water and Drainage Authority was an option for consideration. The benefit of an Authority is that it's formed by intergovernmental agreement, eliminating the need for an election or service plan adoption. Such an Authority would have the power to implement, operate and fund drainage and other storm water - related management activities including implementation of service fees and charges. The formation of an Authority would require buy - in of governmental entities with jurisdiction over non -point sources of pollution, such as Town and the County, and significant public outreach. It was discussed that the Towns and County should consider more aggressive storm water management requirements in their codes, which will address storm water impacts from new development, but not from eAsting development. It was noted that the Eagle River Watershed's "State of the River" and update of the Watershed Plan will be helpful in educating the public on the steps the Towns and County are taking to address impacts. Public education is probably best championed by the Eagle River Watershed Council. A discussion ensued regarding the importance of educating the public on the issues including the use of fertilizers close to streams and eliciting landscaping firms to cooperate with this effort. Bob Weaver stated that Leonard Rice Engineers is in the process of designing a field sampling and analysis plan to sample storm water events, which will help guide a plan to address the impacts of urban runoff on river health. The group discussed how this effort could be funded and suggested a combination of grants and contributions from the Town and County. The ERWC's website can be used to disseminate information to the group. Task List: • Think about a vision of the Urban Runoff Group, perhaps it's to work cooperatively to improve our rivers so they are not listed by the state as "impaired ", • Map all storm water discharge points (pipes and ditches), o Bill and Jennifer will work on a data collection and compilation plan • Discuss collaborating with Eagle River Watershed Council for 319 grant monies to pay for a storm water sampling study - Bob & Melissa, • Stakeholder groups will contribute to the update of the Eagle and Colorado River Watershed Plan (1st meeting is December 1st, County P & Z), • Investigate potential options to fund education and storm water projects, (Linn, Melissa & Shanna) • Linn and Melissa will coordinate the next Urban Runoff Group meeting date in December. C:\Documents and Settings\ strehler\Local Settings\Temporary Internet Fil es \ContentOutlook \WVK3T6HT\Urban Runoff Group Minutes.doc AVO r N C O L O R A D O Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: November 17, 2010 Regarding: Stone Creek Charter School and Swift Gulch Construction Attached you will find a November 10, 2010 letter from Stone Creek Charter signed by its president Mike Rlndone. Also attached to this memorandum is an information packet on the Swift Gulch project that was discussed last week in a grant administration meeting in Denver. At our last council meeting, the Charter School asked for another extension of their lease on town property. That request is complicated by the fact that the Town recently received a federal grant to rebuild/renovate its Swift Gulch site where the Town currently dispatches Transit and Public works services. The grant award requires us to vacate the premises for the anticipated 2 year construction cycle which will begin this summer. The grant project was approved, and matching funding is in place through the recent bond refinancing completed by the Town. While we expected to be able to use our property by the Home Depot store to meet our required operational and site needs during the Swift Gulch construction period, we also examined the possibility of using another alternative site while the work was being done. Such an alternative site was contemplated on Nottingham Road at the location of the future fire station site. A multi party agreement was discussed with fundamental business points as follows: 1. The required size of the alternative location required the agreement of two property owners. 2. The move to the alternative site could not result in any additional cost over what the Town would incur if it simply moved to the current Town property by Home Depot 3. The term needs to be commensurate with the needs of the grant project. • Page 2 November 17, 2010 The council discussed a variety of issues related to both an alternative site option as well careful scrutiny of grant compliance issues and the potential for incremental cost if such an alternative site scenario resulted in more moves that would otherwise be required. One question in particular, revolved around the scenario of a subsequent grant award for the next phase of the master plan attached to this memo. That next phase is contemplated to be the actual construction of the bus storage building. Such an award would in fact, require the Town to move partially off site once again for the completion of such a building, or would result in offsite operation of longer than 2 years. I have been asked when such a grant might be forthcoming. I cannot answer that question. I can say that we have not been precluded from continuing our grant request for this next phase of the project That is a promising message from the FTA and CDOT. Armed with this recent information, we should not feel comfortable with any alternative site that would not secure our position for less than 5 years. State of Good Repair Program Grant Coordination Meeting 2:30pm November 12, 2010 CDOT Offices Denver Information Requested by CDOT Phasing of the I -70 Regional Transportation Operations Facility Project: The whole project was initially entered into CDOT's tracking spreadsheet (e.g., for ARRA, S131) at $24,000,000. A similar amount was originally requested from DOT's TIGER and TIGGER programs. CDOT and FTA directed Avon to split project up into smaller phases to allow funding from multiple programs over time and to pursue all grant opportunities. This has been done. Whole project phased as follows: It is important to note that to expand this facility, additional grant funding will be needed. In addition to the SGR funding (which covers repair and modernization of existing assets), another $7.5M is needed to construct the new Bus Storage and Maintenance Bld and associated roof - mounted renewable energy systems (Phases 4 -5) which allow for indoor storage and maintenance of buses and the "greening" of public transit. Independent Utility by Phase: vllminary En veering nal Design to GMP is Fuel/Wash, Site Improvements is Storage and Maintenance Bid !newable Energy Systems: Bus Storage & Mtn Bid iministration and Operations Bid, Underground Parking !newabie Enerev Svstems: Admin /Oos Bid Project Partners: III, Active partnership with Eagle County • Town of Avon will finance project r `�' y�p0 L° a`C� a, ro° ,bra ,°° °R • �% iN a40 � O a ,a a la b lOr NaD C i° 01 % A? h °Q° a4p� y° 3 Oe lac` �`0 �e,� Cab \aa o° `fir ��a+ �a 0 4. 4. => • Avon Transit will lease space to public transit agencies Costto % %Roads/ Phase Total Cost Cost to Transit Roads lls Transit Trails SGR Grant Other Grants Local Share 1 Preliminary Engineering $ 850,000 $ 722,500 $ 127,500 85% 15% $ 573,600 $ - $ 276,400 2 Final Design to GMP $ 1,000,000 $ 850,000 $ 150,000 85% 15% $ 680,000 $ - $ 320,000 3 Bus Fuel/Wash, Site Improvements $ 7,808,000 $ 7,808,000 $ - 10D% 0% $ 6,246,400 $ - $ 1,561,600 4 Bus Storage and Maintenance Bid $ 4,858,000 $ 4,858,000 $ - 100% 0% $ - $ 4,854000 $ - 5 Renewable Energy Systems: Bus Storage & Mtn Bid $ 1,725,000 $ 1,725,000 $ - 10D% 0% $ - $ 1,725 000 $ - 6 Administration and Operations Bid, Underground Parking $ 8,847,000 $ 5,573,610 $ 3,273,390 63% 37% $ - $ - $ 8,847,000 7 Renewable Enerm Systems: Admin /Ops Bid $ 718,000 $ 452,340 $ 265,660 63% 37% $ $ $ 718 ODD Total All Phases $ 25,806,000 $ 21,989,450 $ 3,816,550 $ 6 583,000 $ 11,723,000 Total Phases 1 -3 Only ( "SGR Funded Project ") $ 9,88,000 $ 9,380,500 $ 277,500 $ 7,560,000 It is important to note that to expand this facility, additional grant funding will be needed. In addition to the SGR funding (which covers repair and modernization of existing assets), another $7.5M is needed to construct the new Bus Storage and Maintenance Bld and associated roof - mounted renewable energy systems (Phases 4 -5) which allow for indoor storage and maintenance of buses and the "greening" of public transit. Independent Utility by Phase: vllminary En veering nal Design to GMP is Fuel/Wash, Site Improvements is Storage and Maintenance Bid !newable Energy Systems: Bus Storage & Mtn Bid iministration and Operations Bid, Underground Parking !newabie Enerev Svstems: Admin /Oos Bid Project Partners: III, Active partnership with Eagle County • Town of Avon will finance project r `�' y�p0 L° a`C� a, ro° ,bra ,°° °R • �% iN a40 � O a ,a a la b lOr NaD C i° 01 % A? h °Q° a4p� y° 3 Oe lac` �`0 �e,� Cab \aa o° `fir ��a+ �a 0 4. 4. => • Avon Transit will lease space to public transit agencies SGR Project Scope: Our State of Good Repair Project (SGR) covers Phases 1, 2, and 3 of the whole planned site development, as shown above. The scope focuses on replacement and modernization of existing assets (wash bay, fueling, pavement, utilities, storm water). This scope is consistent with our SGR grant application and the federal SGR program goals. "The SGR Bus initiative is intended to contribute to the improvement of the condition of transit capital assets by providing financial assistance for recapitalization of busses and bus facilities." CNOFA, LC Program Purpose). The SGR Project also includes 100% design of Phase 4 and 5, and partial design of the remaining future site development only to the degree that we understand building and paving locations, final intended grades, and utility sizing and location such that construction done work in the SGR phase is not in conflict with future needs. Much of the future site development design has already been done but will need to be confirmed by the engineers during the SGR Project. The SGR Project also includes construction of as much of the structural foundation of the Bus Storage and Maintenance Bld (which will be built in the next phase) to the extent we have sufficient budget. Preliminary SGR Schedule: Preliminary SGR Project Budget: Summary. F SGR Project Cost $ 9,658,000 FTA -SGR Grant (80 %) $ 7,500,000 Local Cash Match (19.24 %J $ 1,858,000 Local In -Kind Services (0.76 %) $ 300,000 Contribution as Land Match (0 %) $ 0 Preliminary line item budget attached SGR Project Procurement Approach: • Planned approach is consistent with SGR application, stated SGR program goals, FTA Circular 4110.117, and example 5311 contract. Intend to use alternative project delivery - Design /Build with a general contractor /construction manager contract arrangement (similar to that used by Summit County). Expect to use a 2 -part selection: first on the Milestone Date Sign Professional Services Contract for SGR Phase 11/24/10 Sign SGR Grant Contract 11/24/10 Initiate Final Design Activities 11/24/10 Issue RFP for Design /Build -GC /CM Constructor 12/15/11 Award Contract to GC /CM 2/1/11 Issue NTP to GC /CM 2/1/11 Conduct Value Engineering Task 3/15/11 Complete Design Documents for Site Work 4/1/11 Mobilize Construction 5/1/11 Transit Operations Relocated 6/1/11 Complete Design Documents for Wash /Fuel Facilities and Building Slab 6/1/11 Substantial Completion 10/1/12 Close -out construction 12/31/12 Preliminary SGR Project Budget: Summary. F SGR Project Cost $ 9,658,000 FTA -SGR Grant (80 %) $ 7,500,000 Local Cash Match (19.24 %J $ 1,858,000 Local In -Kind Services (0.76 %) $ 300,000 Contribution as Land Match (0 %) $ 0 Preliminary line item budget attached SGR Project Procurement Approach: • Planned approach is consistent with SGR application, stated SGR program goals, FTA Circular 4110.117, and example 5311 contract. Intend to use alternative project delivery - Design /Build with a general contractor /construction manager contract arrangement (similar to that used by Summit County). Expect to use a 2 -part selection: first on the basis of qualifications and then negotiate with top -rated candidate to establish a Guaranteed Maximum Price (GMP). • GC /CM will be allowed to self - perform up to 30% of the work • GC /CM would let competitive bid packages to subcontractors which will be awarded on basis of either low -bid or "best value ". • Best Value subcontracts will be used in cases where operations and maintenance (0 &M) costs should be factored in as well as capital costs to determine the best long -term result. Preliminary Line Item Construction Cost Estimate Phase Item Cost Estimate Phase Item Cost Estimate 1 Preliminary Engineering $ 850,000 5 Renewable Energy Systems: Bus Storage & Mtn Bid 2 Final Design to GMP $ 110001000 Photovoltaic $ 1,225,000 3 Bus Fuel/Wash, Site Improvements Solar Thermal Hot Water $ 500,000 earthwork $ 1,496,000 Subtotal Construction $ 1,725,000 retaining walls $ 850,000 Total Phases 1 -5 $ 16,241,000 mechanical $ 1,150,000 6 Administration and Operations Bid, Underground Parking concrete $ 2,000,000 earthwork $ 204,000 asphalt $ 938.E retaining walls $ 200,000 masonry $ 46,000 site mechanical $ 200,000 doors &windows $ 43,000 concrete $ 3,113,000 metals $ 4'000 asphalt $ 500,000 wood $ 2,000 masonry $ 120,000 thermal protection $ 4,000 metals $ 40,000 finishes $ 95,000 wood $ 30,000 roll -up doors $ 42,000 fire systems $ 130000 thermal protection $ 198000 plumbing $ 200,000 HVAC $ 223 000 doors &windows $ 392,000 Electrical $ 285 000 finishes $ 831,000 CMServices $ 300,000 fire systems $ 319,000 Subtotal Construction $ 7,808,000 plumbing $ 168,000 HVAC $ 11199,000 Total Phases 1 -3 $ 9,658,000 Electrical $ 1,083,000 4 Bus Storage and Maintenance Bid CM Services $ 250,000 asphalt $ 422,000 Subtotal Construction $ 8,847,000 masonry $ 304,000 Total Phases 1 -6 $ 2510881000 doors & windows $ 320,000 7 Renewable Energy Systems: Admin /Ops Bid metals $ 21,000 Photovoltaic $ 518,000 wood $ 4,000 Solar Thermal Hot Water $ 200,000 thermal protection $ 22,000 Subtotal Construction $ 718,000 finishes $ 620,000 Total Phases 1 -7 $ 2518061000 roll -up doors $ 212,000 fire systems $ 200,000 plumbing $ 100,000 HVAC $ 1,460,000 Electrical $ 1,173,000 CM Services $ 300,000 Subtotal Construction F$ 4,858,000 Total Phases 1 -4 $ 14,516,000 Preliminary estimate provided above and prepared by CDM, Inc. Updated cost estimates will be prepared upon final design. �c'he/HGEic' S'i fe /� /Gn PhGSe 4- sf4e PC Good 1?041r A/ew Benched �ediarenE • ,Rock Wa //S ayp) Savi,re 6v /ch SiEe, Avon, A/ovember, 20 10 ilwrl ° ' Tarrgcrcry PJ7 rg{i wrA Benched lark 5 /ape f ;el pro 5waje A/ew Fve/ing Is /and W 7630 A/ely Bus W4sh 4nd Fue/ Foci /iEY 76 0 61'Wnd4Eion and supersErucEvrej :\--� A/ew SEorK+ Sewer 610 "...rr Buried uEi /1 f ieS R 6 / erxvood Springs N � r r r - �'an{raeL�w / 5149,49 f ! '•aaaaa / � Mq(erra/s / Santo + /e Ara � r / / I i i Swi{E 6007 �a4d Foundation on /y �'or Future Bus SEorage 4nd /Y14 //Iten4✓K� B /dg. F—I s'Ear4}e 4nd H14 /HEeHanCe b/9 expansion EXisting SErvefvres (part a{ future phases) F-1074se A SE4Ee Of 600d ,Eep41r F1Parnb /e Bui/ding EXp4ns1on F� A/eiv P4v~P P s 60' -On O 30 60 4 o 0 ✓4i / --► 7660 --766-0 oe 76/0 Oper4Eions 8ui/dirg 7700 EXisEing SEor4ge 8 /019 7630 Existing F/eeE Al4inEe,wee 91,401-9 SChenf4�1*C S'iEe /Gn 191745-e 9— Nexe G1-417E 19ro jeC� $'wi.F'j 6u /Ch Si f e, Avon, 0010-44"0 Alalember, ZO /O Benched lack RIP.-4P 76vof N I EXiS� /H9 BuS WGS 7610 j' `•`'• 417d rue/ F4c11& 610-0* phase A) i ��•:Ap 7600 � I 76TO i"s(eri is 550 76---o, 7570 7 O 7660 -� 7650 /' 7QO CEYP) Oper4lons 8u1/ding SEGgi�4ell AreG 7700 EXisbn9 vlarGge 8 /dg. 7630 ExiSEin9 r/eeE M41nfen4nre Bui lding n/ew Bvs SEor4ge Gnd /H4irrEenGnre bldg. Over Fou wW,on �� ronr phase A) Flb;le Gnd /H4ExPonre W -od RePvr Vir -Yves b /dg. Expansion = f� >Q Phase B. supersfruc(vre Poss,bje &YIding EKPansran Phase PWemer71 ,4 P � 60' O" 0 30 60 O 7660 -� 7650 /' 7QO CEYP) Oper4lons 8u1/ding SEGgi�4ell AreG 7700 EXisbn9 vlarGge 8 /dg. 7630 ExiSEin9 r/eeE M41nfen4nre Bui lding S�he�r if^ S'iee P /Gn �hcse C'- L41er phGSes ---0 Swil'f 6u 1017 Sijej 4von,, f?o /or4do n/ovember, 2010 &ached ,Sack Ripr4p $ %w 6r4de - P4rking EnEr4'Ve 76/0 7630 EXiSfing sw Wah and Fuel F4ci/ie 76240 ��'ro� phase A) 7610 7600 75 �./`fi5 El Y1g ��e11 � f5/Gl7d ! r <f r Py4rwroao' S pr+rgs SW/ 6vlelh • Elf/ isi fng Bus SEor4ge Gad / 141 nEen4nee b /d g. �CansErucfed wiEh Ph4se f1 6 B) Existing SfrucEures aa�tsib /e SEor4ge 4nd /N4ir7Een4nCe b /dg. ExP4.'+sian ® Ph4se A SE4Ee or Good +iepor c� >a� Flars'Ible Bui /ding EXP4nsion FIAlew P4veoferie 13 o 60' -0 0 30 $ediMnnf � Pend /Hdena/t slerkpil� enf�acfir Sfa4�.f! i 1 .S a 11 ✓alp, a ExisEing Benched Rock W4 //s UYP) p ur+'40e P41-king O✓er 4 n/ew Be /ow 6r4de Parking SEr EnC/oSed SE4fir fICCeSS to Below Br4de P4rkfing 7700 n/ew 7650 fid�irusErafion 74W Bui /ding n/ew S-4 11 vehiC /e Wash and Enclosure (denro exisEing bldg) 7630 ExfisEing Feel 'W41,61K,xv BuIlding STONE CREEK CHARTER GO BOLDLY November 10, 2010 Town of Avon Mayor Wolfe and Council c/o Mr. Larry Brooks, Town Manager Eagle River Fire Protection District Chairman O'Brien and Board of Directors c/o Mr. Ed O'Brien, Chairman and Mr. Charles Moore, Chief Tanavon Corporation c/o Mr. Jay Peterson Dear Mayor Wolfe, Chairman O'Brien and Mr. Peterson: Yesterday discussion of the draft Multi -Party Lease Agreement continued as part of the Avon Town Council agenda. We, the Board of Directors of Stone Creek Charter School, understand the needs and issues of the Town of Avon and offer actions and ideas to address them. Below we recount our understanding of the Town's requirements and our responses. DURATION OF THE AGREEMENT: Mr. Brooks observed that there are two separate and different durations at issue. To carry out the first phase of the Swift Gulch expansion requires a temporary town site for two years. If that is the maximum duration that all parties can agree to, Stone Creek will have to be bound to that term. Mailing Address (970) 748 -4535 Physical Address PO BOX 5670 (970)- 748 -4175 fax 0375 Yoder Avenue Avon, CO 81620 wymstonecreekschooLorg Avon, CO 81620 The proposed length of stay of Stone Creek Charter School on its current site for an additional five years is driven by a different need. In no way does our school intend or want to remain on the current site for five years. Rather the driver of the request for five years is to assure our current school population and potential additional families that Stone Creek has moved beyond the precarious year -to -year question of continuing operation. Solving the Town's first -phase needs and being able to assure families that we will continue to operate will permit us to recruit more students and increase revenue and cash flow facilitating both the educational process and relocation. We respectfully ask that Avon consider and discuss when the Town might realistically expect another round of grants for the second phase of the Swift Gulch expansion and if that second phase can be carried out without again relocating buses and operations off of the then, post phase one, graded and expanded site. If possible such an alternative could avoid a potential second round of costs identified by Councilor Phillips. Our boldness in raising this option is not in any way intended as a challenge to the Town's need to operate efficiently and effectively at minimum cost but as a "Plan B" that can give the school extended stability on it current site. LEASE FUNDING: We are prepared to commit to having at least the $108K up -front temporary site costs, identified by Mr. Brooks, available at the time the multi -party agreement is signed. The back - end costs can be accrued over the two or more years of the relocation agreement. SCHOOL SITE: Yesterday we failed to make clear that we have pursued the purchase of a permanent site. We have found no willing seller, at any price, of a 2 -4 acre currently accessible and buildable site in or near Avon. Relocating out of our current region will result in loss of student population that will not be offset by potential students in a new draw -area. Avon is our best and preferred relocation area with adjacent Eagle -Vail the next best. A good relocation site for Stone Creek is the Meadow Mountain Elementary School in Eagle -Vail. The Board has moved ahead with a formal request to the School District Board to begin discussion of our purchase of the school rather than it being demolished as is currently planned. Our letter to the District is attached. There are both private and government entities that can fund the purchase with a lease - purchase agreement back to Stone Creek. We are discussing such a scenario with them.