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TC Council Packet 04-22-2014
PZC Appointments April 22, 2014 Town Council Meeting Page 1 of 5 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 16, 2014 Agenda Topic: Planning and Zoning Commission Appointments Summary The Community Development Department received three (3) applications for four (4) open positions on the Avon Planning and Zoning Commission (“PZC”). The positions are set to expire on May 1, 2014. Appointment of members to the PZC is included on the April 22, 2014 Regular Town Council meeting agenda. Below is a summary of the positions expiring and the continuing members: Expiring Terms (5/1/14 Term Expiration) Timothy Losa Architect, Zehren & Associates / Non-Resident *Phil Struve Retired (Technology Management) / Resident *Scott Prince Home Mortgage Consultant, Wells Fargo Bank / Resident *John Minervini Retired (Currently teaching Business at CMC) / Resident Continuing Members (with 5/1/15 Term Expiration) Lindsay Hardy Architect Intern, VAG / Non-Resident Tab Bonidy Architect, TAB & Associates / Resident Jim Clancy Beaver Creek Resort Company / Resident *Members with expiring terms that have re-applied Background The PZC’s role is to review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and criteria as they relate to the zoning ordinance. The PZC acts as the Design Review Board of the Town and performs all duties and exercises related thereto. Comprehensive Planning and updates to long range plans is another essential function of PZC. Given the dual role in dealing with both zoning and design review authority for the Town, the Avon Municipal Code recognizes that a balance in membership is necessary between the lay community and industry professionals. Municipal Code Requirements – Attachment A The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors of the Town at the time of their appointment. The AMC also recommends that a minimum of two (2) to PZC Appointments April 22, 2014 Town Council Meeting Page 2 of 5 three (3) industry professionals hold positions at all times, and that two (2) of these professionals be architects, landscape architects or designers. After consideration has been given first to industry professionals, the AMC states that Council should then consider the following criteria in descending order: 1. Registered electors of the Town shall be preferred over persons who are not registered electors. 2. Persons having special skills and experience of particular value to the Commission should be preferred over persons who do not. Applicants – Attachment B As of Tuesday, April 15, 2014, the Town received three (3) applications for the open seats, all current members of the board. The cover letters for those re-applying are attached to this report for your review as Attachment B. During the Regular Meeting on April 22, 2014, the agenda includes time to interview each applicant The order of the interviews are as follow: 1. Scott Prince (by telephone) 2. Phil Struve 3. John Minervini Staff Recommendation As all applicants are current members of the PZC, staff recommends the Council consider including the following questions during the interviews: 1. Why are you re-applying for an additional two year term? 2. What would you like to accomplish in the next two years on the Commission? Attachments A – Avon Municipal Code §7.12.040, Planning and Zoning Commission B – Cover Letters PZC Appointments April 22, 2014 Town Council Meeting Page 3 of 5 Attachment A 7.12.040 Planning and Zoning Commission. (a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1) To implement the goals and policies of the Avon Comprehensive Plan; (2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i) To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii) To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b) Duties. The PZC shall have the following functions and duties: PZC Appointments April 22, 2014 Town Council Meeting Page 4 of 5 Attachment A (1) Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; (2) Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. PZC Appointments April 22, 2014 Town Council Meeting Page 5 of 5 Attachment A (h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. (Ord. 10-14 §3) Attachment B Attachment B Attachment B PUBLIC HEARING – 5151 Longsun Lane Minor PUD Amendment Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 16, 2014 Agenda Topic: PUBLIC HEARING – Resolution 14‐08 Minor PUD Amendment for Lots 48, Block 4, Wildridge Introduction Jeffrey Manley, the Applicant, representing Longsun 5151 LLC, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for Lot 48, Block 4, Wildridge Subdivision (the Property). Currently, two (2) dwelling units in the form of a single‐family structure or duplex structure are permitted by right. The Application requests the ability to subdivide the Property to develop two (2) single‐family structures, and is being processed as a Minor PUD Amendment. Attached to this report is a Vicinity Map (Attachment A) and the Application (Attachment B) materials. The Application was heard by the Planning and Zoning Commission (PZC) at a Public Hearing on April 1, 2014. After input from neighboring property owners (Attachment C), PZC recommended approval of this Minor PUD Amendment. A draft Resolution is also attached to this report (Attachment D) in line with the PZC recommendation. Process Minor PUD Amendment Process This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. The application, as submitted, meets the criteria for a Minor Amendment and is processed as such. Public Notification In order to comply with the Public Hearing and pertinent noticing requirements, a mailed notice was provided to all property owners within 300’ of the property for the PZC hearing and Council hearing. Additionally, a notice was published in the Vail Daily newspaper. Written comments were received and considered by PZC (Attachment C). Public comment included concerns with the visual appearance of surface parking, proximity of the surface parking area to Longsun Lane, breaking the home into two structures and potential precedence for other neighboring properties doing the same type of subdivision, proximity of the structures to Longsun Lane as compared to other homes in the area, and objection to the conceptual architectural plans provided in the Application. PUBLIC HEARING – 5151 Longsun Lane Minor PUD Amendment Page | 2 One letter of support was received from Sam and Shelly Ecker, a neighboring property to the south. And multiple letters requested that the shared driveway curb cut be a condition for any type of development on the site. Public Hearings The April 1st, 2014 meeting completed the public hearing requirements with the PZC. At the April 22nd, 2014 meeting Council will make the final decision on this Application through a Resolution after holding one more public hearing. Proposal The Property is zoned PUD and is included in the Wildridge Subdivision. Included in the Wildridge Subdivision and PUD Plat is a Land Use Summary table, which breaks down the number of units for each individual lot, and also summarizes the type of construction permitted on each property. On the next page (Exhibit 1) is an excerpt from the Wildridge PUD, with the pertinent Property information highlighted in yellow. The Property is currently entitled two (2) units in the form of either one (1) single-family structure or one (1) duplex structure containing two (2) integrated dwelling units. Exhibit 1 – Wildridge Subdivision and PUD Land Use Summary PUBLIC HEARING – 5151 Longsun Lane Minor PUD Amendment Page | 3 The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing a likely development scenario. As noted, this Application would create two (2) separate lots of record that each would be permitted one (1) single-family structure. The Application proposes to keep standard Wildridge easements: ten (10’) foot front Snow Storage, Maintenance Easement, and seven and one-half (7.5’) foot side yard drainage and utility Easements. Setbacks would also be consistent with the current PUD standards: 1) twenty-five (25’) foot front setback and ten (10’) foot side and rear setback). With PZC’s recommended conditions, the internal side setbacks would be at least six and one half (6.5’) foot on each side of the new property to ensure at least a thirteen (13’) foot building separation. Building height would also match existing zoning at thirty-five (35’) feet. If the Council approved this Application, a Minor Subdivision application would be required prior to building permit submittal(s). Staff Analysis By breaking the duplex into two structures, the massing could be improved with more opportunity for building articulation, and the introduction of light and air between units. This would be ensured through the platting of a new property line and corresponding setbacks. After reviewing the PUD review criteria below, Staff finds the Application in conformance with the purpose of the Development Code, review criteria, and there appears to be no added impact to neighboring properties. The development pattern in this portion of Wildridge is mainly duplexes with some single- family structures; the proposed Application will help provide variety in building forms and create a more diverse development pattern. PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The proposed amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. It should be noted that all other applicable development standards (parking, design standards, access requirements) would remain intact. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not appear to negatively affect the public health, safety and welfare. The inclusion of single-family structures on the Property is compatible with the adjacent single-family and duplex residential uses. PUBLIC HEARING – 5151 Longsun Lane Minor PUD Amendment Page | 4 (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: Redesign the intersection of Metcalf and Nottingham Roads, and implement the other recommendations for District 4 to enhance the entry to Wildridge and provide more direct access from the Town Center to Wildridge. Construct bicycle lanes along Metcalf and Wildridge Roads. Promote a trail system through open space areas in Wildridge to provide alternatives to the roadways for pedestrian circulation and greater connection to the surrounding open space. Preserve and enhance the existing open space trails and explore the possibility of developing additional parcels into pocket parks. Acquire and maintain as public open space the U.S. Forest Service-owned parcel adjacent to Wildridge that includes Beaver Creek Point. Add an alternative or second access route to Wildridge (perhaps forest service road during the spring and summer). Identify and delineate all open space parcels and public trails. Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. The majority of the Wildridge District planning principles deal with enhancing and promoting open space connectivity. Regarding the last principle (highlighted in red), this Application would result in a greater flexibility in building sizes. The break from a single duplex structure into two smaller structures has the potential to maximize sun exposure and break up building ‘bulk’. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: The PUD amendment has no incremental impact on public facilities or services; therefore, the existing services can adequately serve the property. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; PUBLIC HEARING – 5151 Longsun Lane Minor PUD Amendment Page | 5 Staff Response: When compared to the existing duplex zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, or air. Storm water management is improvement with more opportunities for storm water runoff between the buildings. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: As discussed herein, the approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity. The proposed PUD Amendment maintains building setbacks and utility/drainage easements. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: Single-family uses would be compatible in scale with current and potential uses on other properties in the vicinity of the Property. There is an undeveloped duplex lot to the south, and larger undeveloped duplex properties below the Property accessed off Wildridge Road East. PZC Recommendation After considering public comments and written public input, the PZC unanimously recommended approval of the Application. The PZC recommendation included the following findings and conditions. Findings: 1. The small building footprints result in improved massing. 2. Splitting the lot into two building results in improved light and air, as demonstrated by the study provided by the Applicant. (was this only handed out during the meeting? – if so please shoot my direction) 3. Building bulk is broken up with separate structures. Conditions: 1. Setback for internal lot line will be 6’ minimum 2. Single curb cut access 3. Architect and/or developer will meet with the neighbors Staff Recommendation Staff recommends that the Council conduct a public hearing, consider public comments, and approve Resolution 14-08. Staff Recommendation Staff recommends approval of Resolution 14-08, approving the Minor PUD Amendment application. Attachments A: Vicinity Map B: Application Materials C: Written Comments D: Draft Resolution 14-08 39 184 5 7 6 1 5170 5123 5 5 1 56 5054 5164 57 5 3 9 1 5735 5135 5749 5743 5178 5 7 5 5 5107 5141 5150 5171 5101 5177 5 3 5 183 5 11 0 527 5100 5113 5128 5 5221 5161 5380 5151 50 5 0 5134 53 5040 L O N G S U N L N W I L D R I D G E R D E WILDRIDGE RD E 014070 FeetThis map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Created by Community Development Department I Property Boundaries 5151 Longsun Lane Attachment A Attachment B Attachment B Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 12:39:20 PM A014035151Longsun Residence03.05.14 Lot 48, Block 4 Wildridge Subdivision 5151 Longsun Avon, CO 81620 PROGRESS SET 13D View 123D View 2 3 3D V i e w 3 4 3D V i e w 4 Attachment B UPDNREF.DW X851 X8511.4 X8511.3 160.00'N 10°17'00" W 40.00' =2 R=2 L=11 8 4 9 0 8 5 0 0 8 5 1 0 8 4 8 0 EDGE OF LANDSCAPELOT 49EDGE OF ASPHALT 1.2' CMP ELEV. 850 VIEWPOINT ARROWHEAD MOUNTAININV. OU MAINTENANCE,DRAINAGE, &SNOW STORAGE EASEMENT SLOPE UTILITY &DRAINAGEEASEMENTBUILDINGSETBACK 10.0' 25.0' UP DN R E F . D W BL D G S E P A R A T I O N 16 ' - 1 1 / 2 " 8 5 1 1 ' - 0 " + 85 1 0 - 0 " + 85 0 8 - 0 " + 82 84 8890 92 94 9698 000608 10 6' - 0 " b o u l d e r r e t w a l l 8 5 0 8 - 0 " + 08 08 08 08 06 06 06 4 '-0 " b o u l d e r r e t w a l l 00 00 00 828486889092 10 10 4'-0" boulder ret wall L L V L 8 4 8 6 ' L L V L 8 4 8 6 ' 86 04 2'-0" boulder ret wall 25 ' - 8 9 / 1 6 " 4 % s l o p e F O R F I R S T 2 0 ' 8 % s l o p e 8% s l o p e 3% s l o p e 3% slope 1 0 % s l o p e P R O P O S E D P R O P E R T Y D I V I S I O N L I N E 85 1 1 ' - 6 " + Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 12:15:27 PM A1.114035151 Residences03.05.14 Lot 48, Block 4, Wildridge Subdivision 5151 Longsun Lane, Avon, CO 81620 Minor Subdivision 1 " = 1 0 ' - 0 " 1 Si t e P l a n 1 92 08 GA R A G E S L A B 92 90 88 86 0 8 G A R A G E S L A B NAttachment B X851 X8511.4 X8511.3 160.00'N 10°17'00" W 40.00' =2 R=2 L=11 8 4 9 0 8 5 0 0 8 5 1 0 8 4 8 0 EDGE OF LANDSCAPELOT 49EDGE OF ASPHALT 1.2' CMP ELEV. 850 VIEWPOINT ARROWHEAD MOUNTAININV. OUT MAINTENANCE,DRAINAGE, &SNOW STORAGE EASEMENT SLOPE UTILITY &DRAINAGEEASEMENTBUILDINGSETBACK 10.0' 25.0' 85 0 8 ' - 0 " 85 0 8 ' - 0 " 85 2 2 ' - 4 1 / 4 " 85 2 4 ' - 5 1 / 2 " 85 1 0 ' - 1 0 3 / 8 " 8522' - 4 3/8" NA T U R A L G R A D E = 8 4 9 2 ' - 0 " FI L L A T D R I V E . = 16 ' - 0 " LL S L A B = 8 4 8 6 ' NA T U R A L G R A D E = 8 4 8 2 ' - 0 " RI D G E H T . = 2 9 ' - 1 0 3 / 8 " N A T U R A L G R A D E = 8 4 8 9 '- 6 " R I D G E H T . = 3 4 ' - 1 1 1 / 2 " N A T U R A L G R A D E = 8 4 9 3 ' - 0 " F I L L A T D R I V E . = 1 5 ' - 0 " N A T U R A L G R A D E = 8 4 9 0 '- 0 " R I D G E H T . = 3 2 ' - 4 3 / 8 " 85 1 1 ' - 6 " + 85 1 0 - 0 " + 10 85 1 1 ' - 0 " + 85 1 0 - 0 " + 85 0 8 - 0 " + 85 0 8 - 0 " + 08 08 08 08 06 06 06 00 00 828486889092 10 10 4 % s l o p e 8 % s l o p e 8% s l o p e 3% s l o p e 3% slope D R A I N A G E S W A L E DR A I N A G E S W A L E 1 0 % s l o p e 21 ' - 8 1 / 2 " 82 84 8890 92 94 9698 000608 6' - 0 " b o u l d e r r e t w a l l 86 06 4 '-0 " b o u l d e r r e t w a l l 00 2'-0" boulder ret wall 00 004'-0" boulder ret wall 13 ' - 1 " D R A I N A G E S W A L E DRAINAGE SWALEProject number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 12:15:28 PM A1.214035151 Residences03.05.14 Lot 48, Block 4, Wildridge Subdivision 5151 Longsun Lane, Avon, CO 81620 Minor Subdivision 1 " = 1 0 ' - 0 " 1 SI T E R o o f P l a n N Attachment B 10.0' X 8512X8X85X8511.6X8511.4X8511.3X8511.1 1 6 0 . 0 0 ' 16 0 . 0 0 ' N 10°17'00" W 40.00' S 3 1°2 2'5 3 " W 5 3.5 4' N 5 1 ° 4 2 ' 2 0 " E 2 2 5 . 0 0 ' N 7 9 ° 4 3 ' 0 1 " E 2 1 0 . 5 9 ' =28°00'41R=225.00'L=110.00' N 7 9 ° 4 3 ' 0 1 " E 5 0 . 0 0 ' LOT 48 .51 ACRES LOT 49 LOT 50 TRACT O TRACT O 8 4 9 08500 8 5 1 0 84 8 0 84 70 8 4 6 0 EDGE OF LANDSCAPE LOT 49 GASSTUB PHONEPEDESTAL EDGE OFASPHALT 1.2' CMPELEV. 8506.7VIEWPOINT BELLYACHE RIDGE ARRO W HEAD M OUNTAIN SAWATCH RANGE APPROX. 0.5 DIA. CONIFEROUS TREE SEWER MANHOLE MEAS. RIM 8460.9' CENTERLINE OF 30' UTILITY EASEMENT PHONE PEDESTAL UTILITY PEDESTAL ELECTRIC METER FND. PIN & ALUMINUM CAP LS 30091 FND. PIN & ALUMINUM CAP LS 5447 BASIS OF ELEVATION: SEWER MANHOLE E 11 MEAS RI TV PEDESTAL INV. OUTMAINTENANCE,DRAINAGE, &SNOW STORAGEEASEMENTSLOPE UTILITY & DRAINAGE EASEMENT BUILDING SETBACK UTILITY &DRAINAGEEASEMENTBUILDINGSETBACK BUILDING OUTLINE 15.0' 15.0' 10.0' 10.0' 7.5' 7.5' 10.0' 25.0'8508' - 0"8508' - 0" 82 84 8890 92949698000608 86 0600 0090 80 Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 12:15:29 PM A1.314035151 Residences03.05.14 Lot 48, Block 4, Wildridge Subdivision 5151 Longsun Lane, Avon, CO 81620 Minor Subdivision 1" = 20'-0"1 Copy of SITE Roof Plan 1 OV E R A L L S I T E P L A N SC A L E : 1 " = 2 0 ' - 0 " N Attachment B Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 12:18:45 PM A1.4145151 Residences03.05.14 Lot 48, Block 4, Wildridge Subdivision 5151 Longsun Lane, Avon, CO 81620 Minor SubdivisionAttachment B 12 ' - 0 " 12 ' - 1 1 / 2 " 11 1/2"2' - 6 1/2"17' - 0" 13 ' - 0 " 18' - 7" ba r ME C H 14 ' - 0 " 28 ' - 6 " 13' - 6"15' - 0"10' - 0" 42' - 6"23' - 6"15' - 1"11' - 6 1/2"38' - 6"11' - 10" 3' - 0" 15' - 6"16' - 0 1/2"Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 9:39:09 AM A214035151Longsun Residence03.05.14 Lot 48, Block 4 Wildridge Subdivision 5151 Longsun Avon, CO 81620 PROGRESS SET 1 / 8 " = 1 ' - 0 " 1 01 . 0 L o w e r F l o o r 1/8" = 1'-0"202.0 Main LevelAttachment B 8525' - 5 1/2"8522' - 3 5/8" 85 1 7 ' - 7 3 / 8 " 85 2 2 ' - 4 3 / 8 " 8525' - 5 1/2" 85 2 1 ' - 2 5 / 8 " 4" / 12" 3" / 1 2 " 3" / 12"4" / 12"4" / 12" 4" / 12" 4" / 1 2 " 4" / 1 2 " Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 9:39:12 AM A314035151Longsun Residence03.05.14 Lot 48, Block 4 Wildridge Subdivision 5151 Longsun Avon, CO 81620 PROGRESS SET 1 / 8 " = 1 ' - 0 " 1 03 . 0 U p p e r L e v e l 1/8" = 1'-0"204 Roof PlanAttachment B UP UP REF. DW DN DN 10 1 4 S F LO W E R L E V E L 68 S F Me c h / S t o r a g e A r e a . 12 5 8 S F MA I N L E V E L 49 0 S F GA R A G E 40 8 S F UP P E R L E V E L Project number Date PO Box 1587, Eagle, CO 81631 www.martinmanleyarchitects.com Sheet 3/5/2014 9:39:14 AM A414035151Longsun Residence03.05.14 Lot 48, Block 4 Wildridge Subdivision 5151 Longsun Avon, CO 81620 PROGRESS SET 1 / 8 " = 1 ' - 0 " 1 01 . 0 L o w e r F l o o r 1/8" = 1'-0"202.0 Main Level 1 / 8 " = 1 ' - 0 " 3 03 . 0 U p p e r L e v e l Ar e a S c h e d u l e (Livable Area) Na m e A r e a LO W E R L E V E L 1014 SF MA I N L E V E L 1258 SF UP P E R L E V E L 408 SF 2679 SFAttachment B Attachment B 1 Matt Pielsticker From:Mitch Chambers <mitch@mulhernmre.com> Sent:Thursday, March 27, 2014 9:47 AM To:Matt Pielsticker Subject:Proposed Minor PUD Amendment - Lot 48, Block 4 Wildridge Subdivision Mr. Pielsticker, Thank you for sending the progress set from Martin & Manley regarding the proposed Minor PUD Amendment, Lot 48, Block 4 Wildridge Subdivision also known as 5151 Longsun Lane, Avon, CO 81620. With this information and Notice of the proposed Minor PUD Amendment, I would like to provide the following comments: 1) Shared access to the two parcels should be required. 2) The two proposed single family residences should be required to have identical architecture so that the intent of PUD is maintained (i.e. single family or duplex per lot). 3) Set back from proposed internal lot line should be minimized to maintain the original intent of the existing PUD as above. 4) All other requirements of the existing PUD (i.e. height restrictions, parking, etc) should remain unchanged. Again, thank you for the opportunity to review the information related to this project. Feel free to give me a call if you have any questions. Mitch Chambers 5156 Longsun Lane Unit B Mitch Chambers Principal 303-649-9857 Attachment C 1 Matt Pielsticker From:Beverly McBride <bevjmcbride@yahoo.com> Sent:Thursday, March 27, 2014 12:40 PM To:Matt Pielsticker Subject:Lot 48, Block 4 Wildridge Subdivision Proposed Minor PUD Amendment - Lot 48, Block 4 Wildridge Subdivision Dear Mr. Pielsticker: This is in response to the drawings sent by Martin & Manley regarding the proposed Minor PUD Amendment, Lot 48, Block 4 Wildridge Subdivision, also known as 5151 Longsun Lane , Avon , CO 81620. I just received the drawings today and understand that the Board packets will be mailed today. Please include this in the mailing. If this is too late to go in the packet, we shall be happy to pay for a separate letter to be sent to the Board. For over 15 years my husband and I have owned 5156A Longsun Lane on the north side and across the street from the proposed development. We have three concerns re: the proposal: 1. The edge of the proposed parking area for the 2 homes is only 10 feet from the right of way for Longsun. All of the homes from Wildridge Road East where Longsun begins to the site in question have parking areas that commence either farther from the right of way than 10 feet or have parking areas that are partially or totally hidden by mounding. The duplex immediately to the west of the site in question, for example, has a parking area that is significantly lower than the level of Longsun and the parking area is thus obstructed from view. This placement of parking areas farther back than 10 feet and/or hidden or obstructed from views along Longsun has long added to the beauty, nature and value of this residential area. The parking areas and thus the homes should be moved farther south on the lot(s) in question. There is plenty of land to do so and to maintain the natural ambience of the road and residential area. (Mounding in the 10 foot area would not be wise here because that area along the road has been used and will continue to be needed for snow removal - both on the home owners parking lots and by the City of Avon.) 2. I am not able to ascertain the height of the proposed homes above the level of Longsun. This, however, is an extremely important issue. The level of the land of the site in question is almost exactly the level of the lot for the duplex that adjoins this site on the west (the duplex referred to above.) The terrain is very similar. My husband and I and other buyers in the area have relied upon the low level of this site and the roof line of the adjacent duplex. That duplex has been there for at least 15 years and probably longer. Under no circumstances should a home or a duplex built upon the proposed site exceed the height of the adjacent duplex at road level. One of the proposed homes is 3 levels and that could be accommodated by locating the homes farther south (lower) on the lot. Again, there is plenty of land to do so. Staggering the homes, if necessary, in order not to exceed the low level of the terrain and the height of a neighboring building would maintain the naturalness of the hill. The developer is requesting two homes instead of one duplex and should be willing to do this. 3. Finally, we do not object to two homes PROVIDED the above changes are made in the plan. However, the two homes should share a common driveway. This would be consistent with other homes along Longsun and in accordance with the planned original number of entrances and exits on this short road. The site is at a curve in the road which further argues for just one entrance/exit instead of two. One entrance/exit should also help maintain more space along Longsun for snow removal storage. We deeply regret that we shall not be able to attend the public hearing for this proposed development. Please use this communication as our request to amend the proposal as set forth herein. Thank you. Very truly yours, Beverly J. and B. Gary McBride 419-509-5032 or 419-509-5830 Colorado Address: Attachment C 2 5156A Longsun Lane Avon, Colorado 81620 Mailing Address: 5274 Cambrian Road Toledo, Ohio 43623 Attachment C Attachment C 1 Matt Pielsticker From:Beverly McBride <bevjmcbride@yahoo.com> Sent:Tuesday, April 01, 2014 10:09 AM To:Matt Pielsticker Subject:Tonight's PZC re: 5151 Longsun Lane, Avon, Colorado Dear Mr. Pielsticker: Thank you for talking with us and answering questions about the above-referenced proposal. We ask that you please copy the following and give it to the members of the Planning and Zoning Commission to be read and used at tonight's hearing. Again, we sincerely regret that we and several of our neighbors are out of town and not able to attend in person this evening. To: Mr. Matt Pielsticker, Planning Manager; and the PZC for Avon, Colorado: We, and we know other neighbors all with homes on Longsun Lane, have concerns re: the proposed development at 5151 Longsun Lane: 1. Our main concern is how close the proposed parking area is to the road right-of- way. The proposed parking area starts just 10 feet from the Longsun right-of- way. From where Longsun starts at Wildridge Road East, all the way along Longsun to past where the proposed property sits, the driveways are either hidden by mounding or low enough to be blocked from easy sight along Longsun. It appears that the proposed driveway would only be 3 1/2 feet lower than the road. That is not much more than 1 yardstick deep. It, in effect, would sit right beside the road and that is not consistent with the development out to Wildridge East. Avon's Municipal Code provides that the natural contour of the land shall be maintained wherever possible. The lot in question is low and the lot immediately adjacent to the west is low. The lot to the west is developed with a duplex and has a low parking lot that, as a result, is almost hidden from view. There should be no reason why the lot in question could not have the same type of low level parking and be set back more than 10 feet from the street. Instead of making an entrance in the middle of the lot, an entrance could be built from either end sloping down to a low, hidden parking area. Requiring this would make the proposal consistent with the parking on the adjoining property and would be consistent with the obstructed views of parking from the property out to Wildroad Road East. 2. We realize that the proposed architecture is technically not now for review. However, we want the record to show our strong objection to the architectural style shown on the drawings. Attachment C 2 Again, Avon's Municipal Code provides that "Improvement Standards" and "Design Standards" are meant to provide for the coordinated development of adjoining properties and ensure a high quality appearance for residents and visitors of Avon. The Code encourages physical development that is of high quality and is compatible with the character, scale and function of its surrounding area. Immediately across the street from this proposed development is a duplex. Both units across the street are constructed of full logs and together sit on slightly more than 1 acre. Each half has approximately 4,000 square feet. The largest of the two proposed homes has 2,679 square feet. The two sit on a total of approximately 1/2 acre. There is no comparison between the proposal and the property across the street. The architects presenting the proposal have designed some beautiful homes for the Wildridge area and there should be no reason why they cannot design a mountain-type home on this property. There are outstandingly beautiful homes near and at the top of Wildridge and Longsun is a part of that. Also, these are being built as spec homes. No one is saying these homes have to be built this way or we will go elsewhere. 3. Finally, we object to the two proposed homes for the 1/2 acre lot. However, we want the PZC to realize that we and other neighbors are willing to meet with the architect, the owner and anyone else the owner would like for us to meet with in order to try to work out a solution that will work for all. We think that given the time to talk and work together we can each compromise and possibly agree to the two separate homes the developer is asking for. At this point we cannot agree to the two proposed homes. There are additional empty lots along Longsun and under no circumstances do we want to set a precedent for 2 homes on lots that have been designed for duplexes. We, therefore, Ask That Time Be Granted for the owner(s) and architect(s) to meet with the neighbors in a good faith effort to understand each other's concerns and work toward a solution. If time is not granted, we Respectfully Request That the Application Be Denied. Respectfully Submitted, Beverly and Gary McBride 5156A Longsun Lane P.O. Box 6543 Avon, Colorado 81620 Mailing Address: Attachment C Resolution 14-08 5151 Longsun Lane Minor PUD Amendment April 22, 2014 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 14-08 Series of 2014 A RESOLUTION APPROVING THE “5151 LONGUSN LANE” MINOR PUD AMENDMENT FOR LOT 48, BLOCK 4, WILDRIDGE, TOWN OF AVON, COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on March 4, 2014 by Jeffrey Manley of Martin Manley Architects (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 48, Block 4, Wildridge, to allow two (2) single-family structures in place of the currently allowed single-family or duplex structure; and WHEREAS, the Planning and Zoning Commission held public hearing on April 1, 2014, after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission recommended that the Town Council conditionally approve the Application; and WHEREAS, the Avon Town Council held public hearing on April 22, 2014, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4); and WHEREAS, the Avon Town Council has made the following findings regarding the Application: (1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, which allowed the application to be processed as a minor amendment pursuant to §7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in §7.16.060(e)(4), Preliminary PUD Review Criteria; and, (2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, AMC based upon review of the Application, the Town staff report and other evidence considered by the Avon Town Council at the public hearing; and, (3) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and, Resolution 14-08 5151 Longsun Lane Minor PUD Amendment April 22, 2014 Page 2 of 2 (4) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, (5) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk.” NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the 5151 Longsun Lane Minor PUD Application for Lot 48, Block 4, Wildridge, Town of Avon, Colorado, is hereby approved subject to the following conditions, which shall be met as a condition to subdivision, design review and/or building permit approval: (1) The Re-Subdivision Plat shall include 6’ minimum building setbacks from newly created internal lot line. All other existing setbacks and easements will remain in force. (2) A single curb cut access is required. ADOPTED APRIL 22, 2014. AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Rich Carroll, Mayor Debbie Hoppe, Acting Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jaime Walker, Community Relations Officer Date: April 16, 2014 Agenda Topic: Letter of Support for TIGER VI Grant for Eagle Valley Trail The Eagle County Managers Group recently identified the Eagle Valley Trail completion as a top priority. As a result, Eagle County through its ECO Trails Department is applying for a Federal TIGER VI grant for completion of the 19 remaining miles of the planned regional paved trail system, which will connect communities from Dotsero to Minturn. The Town of Avon, along with the towns of Gypsum, Eagle, Minturn, Red Cliff and Vail, as well as the Eagle Vail and Edwards metro districts have been asked to evaluate the priority of the trail and write letters of support by not later than April 23rd. ECO Trails also expects to receive letters of support from Governor Hickenlooper, Senators Bennet and Udall, Representative Polis, and State representatives and senators. ECO Trails has already received letters of support from CDOT, BLM, recreation districts, the School District, Vail Valley Partnership, rotaries, chambers, youth groups, and bike shops. More letters from these types of interest groups are expected. It is a well-supported effort by many constituent groups. The project total is $15 million. The request is for $10 million in project funds with a $5 million match from Eagle County. ECO Trails expects to hear on the notice of award six months from application. Attachment: Letter to Secretary Anthony Foxx Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY April 22, 2014 Secretary Anthony Foxx U.S. Department of Transportation Ninth Floor West Building 1200 New Jersey, SE Washington DC 20590 Subject: TIGER VI Grant to fund the Eagle Valley Trail System Completion Dear Mr. Foxx, The Town of Avon is pleased to provide this letter in support of the Eagle County, Colorado, TIGER VI funding application for construction of the final 19 miles of the Eagle Valley Trail. Currently, 33 miles of the system have been built and the remaining 19 miles will complete this comprehensive system through the Eagle River Valley in central Colorado. The trail, once completed, will connect the nine communities in the valley, as well as provide ties into regional transit routes and other trail systems in Eagle and adjoining counties. The trail, as a non-motorized recreational path of significant length, traveling through canyon and river edge and valley towns will be a notable tourist amenity. The design and treatment of the path surface is designed to serve age and ability groups across a wide sector of the population. Since 1999, Avon has successfully partnered with ECO Trails, the organization that oversees the multi-use trail system, in funding and construction of Valley Trail segments in our community. This summer, Avon and ECO Trails will work together to complete the final half-mile section of a 1.8 mile stretch in Avon, which will connect the Town to the neighboring community of Eagle Vail. Our strong support for the Valley Trail is based in the importance of providing a safe, non-motorized trail system. In addition, the trail is integral to Avon’s urban core planning for a well thought out multi-use transportation system, which results in improvements to the physical well-being of our residents and tourists and environmental benefits to air and water quality. We know you will learn of the unified and prioritized support for this grant from Eagle County communities and user groups. On behalf of the Avon Town Council and our residents, thank you for your thoughtful consideration in supporting and funding the Valley Trail grant request by Eagle County. Sincerely, Rich Carroll Mayor cc: Eagle County Board of Commissioners Memorandum To: Honorable Mayor Rich Carroll and Avon Town Council From: Linn Brooks, General Manager Date: April 22, 2014 Re: Funding of ERWSD Wastewater Master Plan and Related Ballot Issues A and B Summary: The Eagle River Water & Sanitation District Board of Directors has placed two measures on the May 6 ballot so the District can make required wastewater im provements due to new state regulations, at the lowest possible financing cost. At the Town’s request, I will provide information and answer questions that Council Members may have about funding the wastewater master plan and the related ballot issues A and B. Background: The State of Colorado, per the U.S. Environmental Protection Agency, has enacted regulations that limit the discharge of nutrients from wastewater treatment facilities to waterways. The District must construct additional treatment systems at each of our community wastewater facilities (in Vail, Avon, and Edwards) to comply with the new wastewater effluent standards. The District prepared a 15-year master plan to meet the state requirements and phase in the required capital improvements. The new treatment systems will improve nitrogen and phosphorous (“nutrients”) removal from community wastewater and thus reduce the amount of nutrients that are released to Gore Creek and the Eagle River by the wastewater treatment facilities. Excessive nutrients in natural waters can impair aquatic health, so the new regulation will improve stream water quality. To comply with the new standards, the District must borrow approximately $25 million over the next several years. The debt can be funded by issuing revenue bonds based on sewer fees (which does not require voter approval), or by issuing general obligation (GO) bonds, which does require voter approval. The Board is pursuing the latter as it would result in the lowest possible interest rates, saving at least $1.8 million in interest costs over the life of the 30-year bond. The new rate or property tax would become effective in 2017, when an existing District property tax sunsets. Ballot Issue A asks voters to approve a new property tax supporting a $25 m illion General Obligation (GO) bond issue that will pay for domestic wastewater system improvements. Ballot Issue B asks voters to release the District from the revenue limitations of the Taxpayer’s Bill of Rights (TABOR). As required by law, the Eagle River Water & Sanitation District election is being conducted as a mail ballot election. A mail ballot packet was sent to active eligible voters at their mailing address (as shown on their county clerk and recorder’s voter registration records) between April 14 and 21, 2014. Ballots must be returned to the District by U.S. Mail or dropped off at the District Office at 846 Forest Road, Vail, CO 81657 no later than 7:00 p.m. on Election Day, May 6, 2014, to be counted. Election information including the ballot language and TABOR Notice is available on the District website: http://www.erwsd.org/our-organization/2014-election-information The District is committed to a long term economical solution to meet the regulations, improve stream water quality, and continue to provide high quality water and wastewater services for our community. TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Virginia Egger, Town Manager Date: April 16, 2014 Agenda Topic: Comcast Franchise Agreement – Procedure to Identify Issues and Reach Consensus on Renewal Process The purpose of a cable franchise agreement is to grant to a franchisee, such as Comcast, the right to access and use Town of Avon public ways (right-of-ways) for the installation and repair of wires and other equipment, such as pedestals, for the operation of a cable system. The Town is compensated for the use of public way through a franchise fee, which is currently 5% of Comcast’s Gross Revenue within the Town. In addition to important requirements for how business activity is administered in the right-of-way, the Franchise also includes a requirement that two Public Education or Governmental (PEG) Access Channels be provided, with the Town having management authority to designate a provider, and certain requirements for use of the stations. The franchisee collects and provides to the Town a capital support fee for the PEG, which is currently fifty cents per month per individual residential subscriber and 25 cents per month per bulk-billing subscriber. Andy Davis, Comcast Director of Regulatory and Government Affairs, and Porter Wharton, Governmental Relations consultant with Comcast, will join Council to set out a process for renewing the Town of Avon Franchise Agreement. The most recent Avon-Comcast Franchise was a 15 year agreement originally approved with TCI Cablevision of the Rockies, Inc. and later assigned to Comcast. It expired on December 31, 2010. Pursuant to the Federal Telecommunications Act, the expired agreement continues on a month to month basis until both the Town and Comcast agree to a new franchise agreement. After the expiration, the Town stated it wished to defer the negotiation of a new franchise until such time as Vail completed its review and approval of a new franchise. The Vail-Comcast agreement was completed in 2012. Comcast has provided to Avon Franchise Proposal for Negotiation Purposes, which is attached, based upon Vail’s franchise to guide the renewal process. While the purpose of Tuesday’s work session is not to negotiate the elements in the attachment, but rather to set out a procedure for a thoughtful and comprehensive renewal process, it is helpful to review the scope of the franchise proposal. In discussions with Andy and Porter, it is recommended the Council and the Comcast receive comment and seek solutions to identified concerns from three stakeholder groups over a 45-day period, beginning June 1st: 1. Town of Avon Public Works – Evaluation of use of right-of-way 2. PEG stations - Public Access TV 5 has already provided initial comments 3. Subscribers/Residents – Through notices in the Vail Daily seeking comments; and, at least two public work sessions, to be attended by Comcast representatives and Council. Upon completion of receiving information from these groups, a franchise draft should be completed for Council consideration in a work session, prior to notice of action. We look forward to the discussion on Tuesday. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes COMCAST FRANCHISE PROPOSAL FOR NEGOTIATION PURPOSES [NOTE: PAGE NUMBERS NOT PROVIDED] COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes TABLE OF CONTENTS FRANCHISE AGREEMENT ................................................................................................................................. 6 SECTION 1. DEFINITIONS ..................................................................................................................................... 6 SECTION 2. GRANT OF FRANCHISE ...................................................................................................................... 9 2.1 Grant .................................................................................................................................................... 10 2.2 Use of Public Ways ............................................................................................................................... 10 2.3 Term ..................................................................................................................................................... 11 2.4 Effective Date ....................................................................................................................................... 11 2.5 Competitive Equity ............................................................................................................................... 11 2.6 Familiarity with Agreement and Acceptance ....................................................................................... 12 SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS .................................................................................. 12 3.1 Franchise Fee ....................................................................................................................................... 12 3.2 Payments ............................................................................................................................................. 12 3.3 Audits ................................................................................................................................................... 13 3.4 Additional Commitments Not Franchise Fees ...................................................................................... 13 3.5 Payment on Termination ..................................................................................................................... 13 3.6 Service Packages .................................................................................................................................. 13 3.7 Tax Liability .......................................................................................................................................... 14 SECTION 4. ADMINISTRATION AND REGULATION ............................................................................................ 14 4.1 Rates and Charges ................................................................................................................................ 14 4.2 No Rate Discrimination ........................................................................................................................ 14 COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 4.3 Time Limits Strictly Construed ............................................................................................................. 14 4.4 Performance Evaluations ..................................................................................................................... 15 4.5 Late Fees and Disconnection................................................................................................................ 15 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ............................................................................... 15 5.1 Indemnification .................................................................................................................................... 15 5.2 Indemnification Procedures and Defense ............................................................................................ 16 5.3 Insurance .............................................................................................................................................. 16 5.4 Letter of Credit ..................................................................................................................................... 17 SECTION 6. CUSTOMER SERVICE ....................................................................................................................... 18 6.1 Service Availability ............................................................................................................................... 18 6.2 Customer Service Standards ................................................................................................................ 18 6.3 Customer Privacy ................................................................................................................................. 19 6.4 Customer Service Agreement and Manual .......................................................................................... 19 SECTION 7. RECORDS ......................................................................................................................................... 19 7.1 Required Records ................................................................................................................................. 19 7.2 Proprietary Information ....................................................................................................................... 21 7.3 Copies of Federal and State Reports .................................................................................................... 21 SECTION 8. PROGRAMMING ............................................................................................................................. 21 8.1 Broad Programming Categories ........................................................................................................... 21 8.2 Obscenity ............................................................................................................................................. 22 8.3 Services for the Disabled ...................................................................................................................... 22 8.4 Parental Control Device ....................................................................................................................... 22 8.5 Complimentary Cable Service .............................................................................................................. 22 COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes SECTION 9. ACCESS ............................................................................................................................................ 23 9.1 Access Channels ................................................................................................................................... 23 9.2 Underutilized Access Channels ............................................................................................................ 23 9.3 Access Channel Location ...................................................................................................................... 23 9.4 Access Channel Promotion................................................................................................................... 24 9.5 PEG Fee ................................................................................................................................................ 24 9.7 Return Lines ......................................................................................................................................... 24 SECTION 10. USE OF PUBLIC WAYS ............................................................................................................................ 24 10.1 Construction and Maintenance ......................................................................................................... 24 10.2 Location and Movement of Facilities ................................................................................................. 25 10.3 Acquisition of Facilities ...................................................................................................................... 26 10.4 Reservation of Public Ways ................................................................................................................ 26 10.5 Discontinued Facilities ....................................................................................................................... 26 10.6 Use of Conduit or Ducts ..................................................................................................................... 27 10.7 Undergrounding ................................................................................................................................. 27 10.8 Tree Trimming .................................................................................................................................... 28 10.9 GIS Mapping ....................................................................................................................................... 28 SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS ......................................................................... 28 11.1 Technical Performance ...................................................................................................................... 28 11.2 Cable System Performance Testing .................................................................................................... 28 11.3 Standby Power ................................................................................................................................... 29 SECTION 12. VIOLATIONS AND REVOCATION ............................................................................................................ 29 12.1 Procedure for Remedying Violations ................................................................................................. 29 12.2 Alternative Remedies ......................................................................................................................... 30 COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 12.3 Liquidated Damages ........................................................................................................................... 30 12.4 Revocation ......................................................................................................................................... 31 12.5 Purchase of the Cable System ............................................................................................................ 31 SECTION 13. TRANSFER .............................................................................................................................................. 32 13.1 Transfer of Ownership or Control ...................................................................................................... 32 SECTION 14. MISCELLANEOUS ................................................................................................................................... 33 14.1 Cumulative Rights .............................................................................................................................. 33 14.2 Costs to be Borne by Comcast ........................................................................................................... 34 14.3 Binding Effect ..................................................................................................................................... 34 14.4 Modification ....................................................................................................................................... 34 14.5 Governing Law and Venue ................................................................................................................. 34 14.6 No Joint Venture ................................................................................................................................ 34 14.7 Waiver ................................................................................................................................................ 34 14.8 Severability ......................................................................................................................................... 34 14.9 Force Majeure .................................................................................................................................... 34 14.10 Entire Agreement ............................................................................................................................ 35 14.11 Notices ............................................................................................................................................. 35 COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes FRANCHISE AGREEMENT This Franchise Agreement ("Agreement") is made between the Town of Avon, Colorado, a Colorado home rule municipality (the "Town") and Comcast of Colorado VII, LLC ("Comcast"), on this ____ day of ___________________, 2014. WHEREAS, the Town, having determined that the financial, legal, and technical ability of Comcast is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Agreement with Comcast for the operation and maintenance of a cable system on the terms and conditions set forth herein. NOW THEREFORE, the Town and Comcast agree as follows: SECTION 1. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings, provided that terms not defined, or those defined, but not capitalized within the text, shall be given their common and ordinary meaning, and the word "shall" is always mandatory: "Access" includes Public Access, Educational Access and Governmental Access, collectively and means the availability for Noncommercial use by various governmental and educational agencies, institutions and organizations in the community of particular channels on the Cable System to receive and distribute Video Programming to subscribers as permitted under applicable law. "Access Channel" means any Channel designated for Access purposes or otherwise made available to facilitate Access programming. "Affiliate" when used in connection with Comcast means any Person who owns or controls, is owned or controlled by, or is under common ownership or control of Comcast. "Bad Debt" means amounts lawfully owed by a Customer and accrued as revenues on the books of Comcast, but not collected after reasonable efforts by Comcast. "Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of local television Broadcast Signals and PEG Access Channels required in this Franchise and any additional programming added by the Town and made available to all Customers in the Franchise Area. "Broadcast Signal" means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System off-the-air by antenna, microwave, satellite dishes or any other means. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, and any amendments thereto. "Cable Operator" means any Person or group of Persons, including Comcast, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise controls or is responsible for, through any arrangement, the management and operation of the Cable System. "Cable Service" means the one-way transmission to Customers of Video Programming, or other programming service and Customer interaction, if any, that is required for the selection or use of such Video Programming or other programming service. "Cable System" means Comcast's facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, designed to provide Cable Service that includes Video Programming and provided to Customers in the Franchise Area. "Channel" means a portion of the frequency band capable of carrying a Video Programming Service or combination of Video Programming Services, whether by analog or digital signal, on a twenty-four (24) hour per day basis or a portion thereof. "Customer" means a Person who lawfully receives Cable Service from the Cable System with Comcast's express permission. "Designated Access Provider" means an entity designated by the Town to manage or co- manage Public, Educational or Governmental Access Channels and facilities. The Town may be a Designated Access Provider. "Dwelling Unit" means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. "Educational Access" means Access where Schools are the primary users having editorial control over programming and services. "Emergency" means any condition constituting a clear and present danger to life or property. "Expanded Basic Service" means cable programming services not included in the Basic Service and excluding premium or pay-per-view services. "FCC" means the Federal Communications Commission or its lawful successor. "Fiber Optic" means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying electric lightwave pulses. "Franchise Area" means the area within the jurisdictional boundaries of the Town, including any areas hereafter annexed by Town. "Franchise Fee" includes any tax, fee or assessment of any kind imposed by the Town on Comcast or Customers, or both solely because of their status as such, but excluding: (i) any tax, COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes fee or assessment of general applicability (including any such tax, fee, or assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is unduly discriminatory against Cable Operators or cable Customers); (ii) capital costs that are required by the Agreement to be incurred by Comcast for Access facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Agreement, including but not limited to, payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title l7, United States Code. "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. "Gross Revenue" means all revenue derived directly or indirectly by Comcast or its Affiliates from the operation of the Cable System in the Franchise Area, including without limitation monthly and other fees charged Customers for Cable Service including Basic Service, Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service, optional Premium Service, pay-per-view and per-program Channels, Cable Service installation, disconnection, reconnection and change-in-service fees, Leased Access Channel fees, remote control rental fees, late fees and administrative fees, consideration received by Comcast from programmers for carriage of Cable Service on the Cable System and recognized as revenue under generally accepted accounting principles ("GAAP"), revenues from rentals of converters or other Cable System equipment, advertising sales revenues (including local, regional and a pro rata share of national advertising carried on the Cable System in the Franchise Area but excluding commissions paid to an unaffiliated agency), revenues from program guides, additional outlet fees, revenue from the sale or carriage of other Cable Service, and revenues from home shopping. Gross Revenue does not include (i) to the extent consistent with GAAP, Bad Debt, provided, however, that any part of such Bad Debt that is written off but subsequently collected shall be included in Gross Revenue in the period collected; or (ii) any taxes on services furnished by Comcast that are imposed directly on any Customer or user by the State, Town or other governmental unit and that are collected by Comcast on behalf of said governmental unit; or (iii) capital costs or contributions required by this Franchise; and (iv) Franchise Fees. "Headend" or "Hub" means a facility for signal reception and dissemination on a Cable System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals or other signals, and all other related equipment and Facilities. "Incremental Costs" means Comcast's direct and actual material and labor cost (excluding profit) of constructing, relocating or placing additional facilities for the Town, excluding the costs that Comcast would otherwise incur to construct, relocate or place facilities for Comcast including, but not limited to, trenching, pipe bedding, backfilling, compacting, restoring the surface, and other charges, costs or expenses. "Interconnect" or "Interconnection" means the provision of Access Channel programming to a geographically contiguous cable system, including technical, engineering, physical, and other necessary components to accomplish, complete and adequately maintain such provisioning. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes "Late fee" means and includes any assessment, charge, cost, fee or sum, however characterized, that Comcast imposes upon a Customer solely for late payment of a bill is a late fee. "Leased Access Channel" means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. "Noncommercial" means, in the context of Access Channels, those particular products and services that are not promoted or sold in order to generate revenue that exceeds the costs of operations for the Town or any Designated Access Provider. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving contributions used to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some similar manner, subject to applicable law. "Person" means any natural person, lawful trustee, successor, assignee, transferee, or personal representative, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization. "Public Access" means Access where any member of the general public may be a programmer on a nondiscriminatory basis, subject to operating rules formulated by the Town or its designee. Such rules shall not be designed to control the content of public access programming. Such rules may also address the extent to which and manner in which members of the general public who are not residents of the Town may be programmers on the Access Channel. "Public Way" means land in the Franchise Area acquired for or dedicated to the public and maintained under public authority, including but not limited to public streets, roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property. "Residential Subscriber" means any Person who receives Cable Service delivered to a Dwelling Unit, excluding such multiple Dwelling Units billed on a bulk-billing basis. "Standard Installation" means a one hundred twenty five (125) foot drop connecting to the exterior demarcation point. "State" means the State of Colorado. "Tier" means a category of Cable Service provided by Comcast for which a separate rate is charged. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, or cable programming provider primarily consisting of full motion video and audio. SECTION 2. GRANT OF FRANCHISE COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 2.1 GRANT (A) The Town hereby grants to Comcast a nonexclusive authorization to make reasonable and lawful use of the Public Ways to construct, operate, maintain, reconstruct, repair and upgrade the Cable System for the purpose of providing Cable Service, subject to this Agreement and applicable law. Comcast shall provide Cable Service, as authorized by this Agreement, in the Franchise Area in accordance with line extension and density provisions as provided herein. The franchise granted by this Agreement is subject to all prior rights, interests, easements, or franchises granted by Town or its predecessors to any Person to any property or Public Way, including the right of the Town to use same for any purpose it lawfully deems fit. This Agreement conveys limited rights and interests in only those Public Ways in which the Town has an actual interest; it is not a warranty of title or interest in any property. (B) Comcast shall comply with the Avon Town Code and the lawful exercise of the Town’s police power. Subject to the Town’s lawful exercise of its police power, in the event of a conflict between the Avon Town Code and the Agreement, the Agreement shall govern. Comcast acknowledges that the Town may enforce or modify its generally applicable regulatory policies by lawful exercise of the Town's police powers throughout the term of this Agreement, and Comcast agrees to comply with such lawful enforcement or modifications. Comcast reserves the right to challenge provisions of any ordinance, rule, regulation or other enactment of the Town that conflicts with its contractual rights under the Franchise, either now or in the future. This Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law. (C) No rights shall pass to Comcast by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not be a substitute for: any other permit or authorization required for the privilege of transacting and carrying on a business within the Town that is required by the Town; any permit, agreement or authorization required by the Town for Public Way users in connection with operations on or in Public Ways or public property; or any permits or agreements for occupying any other property to which access is not specifically granted by this Agreement. (D) This Agreement is an express authorization to provide Cable Service only. This Agreement is not a bar to the imposition of any lawful conditions on Comcast with respect to non-Cable Service, telecommunications services or information services, whether similar, different or the same as the condition specified herein. This Agreement does not relieve Comcast of any obligation it may have to obtain from the Town an authorization to provide non-Cable Service, telecommunications services or information services or relieve Comcast of its obligation to comply with any such authorization(s) that may be lawfully required. (E) This Agreement shall have no effect on any obligation of Comcast in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior franchise agreement was in effect, nor shall it have any affect upon liability to pay Franchise Fees that were due and owed under a prior franchise. 2.2 USE OF PUBLIC WAYS COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (A) Subject to the Avon Town Code, as amended, Comcast may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along the Public Ways, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System. (B) Comcast shall install Cable System facilities in a manner that minimizes interference with the use of the Public Ways by others. To protect public health, safety and welfare, the Town may: require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Public Ways; deny access if Comcast is not willing to comply with Town's requirements; remove, or require removal of, any facility that is not installed in compliance with the requirements established by Town, or that is installed without prior Town approval of the time, place or manner of installation and charge Comcast for all the costs associated with removal; and require Comcast to cooperate with others to minimize adverse impacts on the Public Ways through joint trenching and other arrangements. 2.3 TERM This Agreement shall have a term of ten (10) years, beginning on the Effective Date. 2.4 EFFECTIVE DATE The Effective Date of this Agreement shall be _________________, 2014. 2.5 COMPETITIVE EQUITY (A) Comcast acknowledges and agrees that the Town reserves the right to grant additional franchises to provide Cable Service in the Franchise Area; provided that if any such franchise is granted by the Town which, in the reasonable opinion of Comcast, contains more favorable or less burdensome Material Terms and Conditions than this Agreement, the Town agrees that, within ninety (90) days of Comcast's request, the parties shall amend this Franchise to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material Terms and Conditions" includes without limitation: Franchise Fees; insurance coverage amounts; System build-out requirements; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this Subsection does not require a word for word identical franchise or authorization for a competitive entity if the regulatory and financial burdens on each entity are materially equivalent. (B) If an application for a new cable franchise is filed with the Town proposing to serve the Franchise Area, in whole or in part, the Town shall make a good faith effort to provide notice of such application upon Comcast prior to acting on the application. (C) Notwithstanding any provisions to the contrary, at any time that a facilities-based Cable Services provider, legally authorized by state or Federal law, makes Cable Services or multiple COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes Channels of Video Programming within the Franchise Area available for purchase by Customers without a franchise or other similar lawful authorization granted by the Town, then Comcast may seek modification pursuant to subsection (A) hereof, or the term of this Franchise shall, upon ninety (90) days written notice from Comcast, be shortened so that the Franchise shall be deemed to expire on a date six (6) months from the first day of the month following the date of Comcast's notice; provided, however, that if the provision of Cable Services or Video Programming by the other facilities-based Cable Services Provider within the Franchise Area is being legally challenged by the Town, the term of this Franchise shall remain unaffected until such legal challenge is concluded. 2.6 FAMILIARITY WITH AGREEMENT AND ACCEPTANCE (A) Comcast acknowledges and warrants that it has carefully read and fully comprehends the terms of this Agreement and that it has fully considered the requirements of this Agreement, and finds that the same are commercially practicable at this time and consistent with all local, State and federal laws and regulations currently in effect. (B) By executing this Agreement, Comcast: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the Town's lawful intervention in any legal or regulatory proceeding affecting the Cable System; (3) accepts and agrees to comply with every provision of this Agreement; and (4) agrees that the Agreement was negotiated in compliance with applicable law, and that it will not raise any claim to the contrary. SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 FRANCHISE FEE As compensation for the use of the Public Ways, Comcast shall pay as a Franchise Fee to Town, for the duration of this Agreement, an amount equal to five percent (5%) of Comcast's Gross Revenue. 3.2 PAYMENTS (A) Franchise Fee payments to Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than sixty (60) days after said dates. For untimely payments, Comcast shall pay, in addition to the payment or sum due, interest from the due date at the rate of eight percent (8%) per annum until the date the Town receives the payment. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (B) No acceptance of payment shall be construed as an accord by Town that the amount paid is the correct amount, nor shall an acceptance of payment be construed as a release of any claim Town may have against Comcast. The period of limitation for recovery of Franchise Fees payable hereunder shall be three (3) years from the date on which payment by Comcast was due or such shorter period of time if so provided by law. (C) A report prepared by a representative of Comcast showing the basis for the computation of the Franchise Fees paid during that period shall either accompany the Franchise Fee payment or be provided under separate cover within ten days of the report. 3.3 AUDITS (A) On an annual basis, upon thirty (30) days' prior written notice, the Town may conduct an independent audit of Comcast's financial records necessary to ensure compliance with this Agreement. If Comcast cooperates in making all relevant records available upon request, the Town will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years. (B) Additional amounts due to the Town as a result of the audit shall be paid within sixty (60) days following written notice to Comcast. If a Franchise Fee underpayment is discovered as the result of an audit, Comcast shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law calculated from the date the underpayment was originally due until the date the Town receives the payment. (C) If the audit shows that Franchise Fees have been underpaid by five percent (5%) or more in a calendar year, Comcast shall pay the actual cost of the audit in a total amount not to exceed $10,000. 3.4 ADDITIONAL COMMITMENTS NOT FRANCHISE FEES No term of this Agreement shall affect Comcast's obligation to pay Franchise Fees. Although the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5%) of Gross Revenue in any twelve-month period, Comcast agrees that the additional commitments regarding PEG funding and Access Channels are not Franchise Fees, nor are they to be offset or credited against Franchise Fee payments unless specifically provided by applicable law. 3.5 PAYMENT ON TERMINATION Within one hundred twenty (120) days of termination of this Agreement, Comcast shall file with the Town a financial statement, certified by an independent certified public accountant, showing the Gross Revenue received by Comcast since the end of the previous fiscal year. Within forty five (45) days of the filing of the certified statement with the Town, Comcast shall pay any unpaid amounts as indicated. If Comcast fails to satisfy its remaining financial obligations as required in this Agreement, the Town may do so by utilizing the funds available in a Letter of Credit or other security provided by Comcast. 3.6 SERVICE PACKAGES COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes If Comcast offers bundled Cable Service and non-Cable Service to Customers, Comcast shall fairly and reasonably allocate revenue with regard to Cable Service. 3.7 TAX LIABILITY The Franchise Fees shall be in addition to all taxes or other levies or assessments now or hereafter required to be paid by businesses by any applicable law including without limitation sales, use, utility and other taxes, and business license fees. SECTION 4. ADMINISTRATION AND REGULATION 4.1 RATES AND CHARGES (A) Comcast's rates and charges for Cable Service shall be subject to regulation by Town to the full extent authorized by applicable federal, State and local laws. Customer billing shall be itemized by service pursuant to FCC Regulation, 47 C.F.R. § 76.1619 or as amended. (B) Comcast will use best efforts to maintain with the Town a current schedule of applicable rates charged for Cable Service provided under this Agreement. The Town recognizes that such rates change periodically, and if the Town clerk has reason to believe that the schedule of rates on file is not up to date, then upon three (3) days advance request, Comcast shall provide the Town with a current and complete schedule of applicable rates and charges for Cable Service provided to Customers in the Town. Nothing in this Subsection shall be construed to require Comcast to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 4.2 NO RATE DISCRIMINATION All Comcast rates and charges shall be published (in the form of a publicly-available rate card), made available to the public, and shall be non-discriminatory as to all Persons of similar classes, under similar circumstances. Nothing herein shall be construed to prohibit: (1) The temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; (2) The offering of reasonable discounts to similarly situated Persons; or (3) The offering of bulk discounts for multiple Dwelling Units. 4.3 TIME LIMITS STRICTLY CONSTRUED When this Agreement sets forth a time for any act to be performed by Comcast, such time shall be deemed to be of the essence, and any failure of Comcast to perform within the allotted time may be considered a breach of this Agreement. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 4.4 PERFORMANCE EVALUATIONS Special evaluation sessions may be held at any time upon written request and upon not less than thirty (30) days prior notice by the Town during the term of this Agreement. All such evaluation sessions shall be open to the public. Topics that may be discussed at any evaluation session may include those issues surrounding Comcast's failure to comply with the terms of the Agreement provided that nothing in this Subsection shall be construed as requiring the renegotiation of this Agreement or any term or provision therein and further provided that this Subsection need not be followed before other legal or equitable remedies within this Agreement. 4.5 LATE FEES AND DISCONNECTION Comcast's late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this Subsection, shall apply equally throughout the Franchise Area without regard to the neighborhood or income level of the Customers. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 INDEMNIFICATION (A) Comcast, at its own expense, shall indemnify, defend and hold harmless the Town, its officers, officials, boards, commissions, agents, representatives and employees, from any action or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs and attorney fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, erection, operation, maintenance, repair or reconstruction, or any other act done under this Agreement, by or for Comcast, its authorized agents, or by reason of any neglect or omission of Comcast, its authorized agents or its employees. Comcast shall consult and cooperate with the Town while conducting its defense of the Town. (B) The provisions of this Section 5 shall survive the termination of this Agreement unless superseded by indemnification provisions in a new franchise or in federal or state law. (C) Subject to applicable law, Comcast shall indemnify the Town for any damages, including but not limited to damages incurred as a result of delay, payable by the Town related to Comcast's failure to properly install, remove, adjust or relocate any of its facilities in the Public Ways in accordance with any lawful relocation required by the Town. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (D) Comcast shall also indemnify, defend and hold the Town harmless for any claim for injury, damage, loss, liability, cost and expense, including court and appeal costs and attorney fees and expenses in any way arising out of any failure by Comcast to secure consents from the owners, authorized distributors or franchisees/licensors of programs to be delivered by the Cable System, provided however, that Comcast will not be required to indemnify the Town for any claims arising out of the use of Access Channels by the Town or its Designated Access Provider or use by the Town of the emergency alert system. 5.2 INDEMNIFICATION PROCEDURES AND DEFENSE (A) If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim or action to Comcast, which defense shall be at Comcast's expense. The Town may participate in the defense of a claim and Comcast may not agree to any settlement of claims without the Town's written approval, which shall not be unreasonably withheld. (B) The fact that Comcast carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Comcast's duty of defense and indemnification. (C) If separate representation is necessary, such as a conflict of interest between the Town and the counsel selected by Comcast to represent the Town, Comcast shall select other counsel. 5.3 INSURANCE (A) Comcast shall maintain at all times in full force and effect at its own expense each of the following policies of insurance: (1) Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than one million dollars ($1,000,000) per occurrence. The general aggregate limit shall be no less than two million dollars ($2,000,000). (2) Commercial Automobile Liability Insurance with minimum combined single limits of at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate with respect to each of Comcast's owned, hired and non- owned, or any other vehicles assigned to or used in any activities authorized under or used in conjunction with this Agreement. (3) Employer's Liability with limits of at least one million dollars ($1,000,000). (4) Workers' Compensation insurance shall be maintained during the life of this Agreement to comply with State law for all employees. (B) Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty-five (45) days' prior written notice, and ten (10) days' notice for nonpayment of any premium. Comcast shall maintain COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Agreement is satisfactorily completed and, in the case of Commercial General Liability Insurance, for at least one (1) year after termination of this Agreement. A failure of Comcast to comply with any claim reporting provisions or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the Town. However, if coverage is not afforded under these circumstances, Comcast shall indemnify the Town for losses the Town otherwise would have been covered for as an additional insured. (C) All insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its officers, officials, agents, and employees for any claims arising out of Comcast's work or service. Comcast shall be responsible for deductibles or self-insured retention. (D) All policies shall contain, or shall be endorsed so that: (1) The Town and its officers, officials, boards, commissions, agents, representatives, and employees are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Comcast under this Agreement or applicable law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System; (2) Comcast's insurance coverage shall be primary insurance with respect to the Town and its officers, officials, boards, commissions, agents, volunteers and employees. Any insurance or self insurance maintained by the Town or its officers, officials, boards, commissions, agents, representatives, volunteers or employees shall be in excess of Comcast's insurance and shall not contribute to it, provided the occurrence arises out of Comcast's negligence; and (3) Comcast's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (E) Comcast shall furnish the Town with certificates of insurance and an endorsement reflecting additional insured status. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the Town at the time of acceptance of this Agreement by Comcast with existing insurance coverage to be maintained by Comcast until that date. Comcast hereby warrants that its insurance policies satisfy the requirements of this Agreement. (F) The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on liability or indemnification. 5.4 LETTER OF CREDIT (A) At any time during the term of this Agreement, if there is a claim by the Town of an uncured breach by Comcast of a provision of this Franchise, then the Town may require and COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes Comcast shall establish and provide, as quickly as possible, but no later than thirty (30) days after a request from the Town, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000). (B) After completion of the procedures set forth in Section 12.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the Town for purposes that include, but are not limited to the following: (1) Failure of Comcast to pay the Town sums due under this Agreement; (2) Reimbursement of costs borne by the Town to correct violations not corrected by Comcast; and (3) Liquidated damages assessed against Comcast as provided in this Agreement. (C) The Town shall give Comcast written notice of any withdrawal under this Subsection upon such withdrawal. Within ten (10) days following receipt of such notice, Comcast shall restore the letter of credit to the amount required under this Agreement. SECTION 6. CUSTOMER SERVICE 6.1 SERVICE AVAILABILITY (A) Except as otherwise provided herein, Comcast shall provide a standard aerial installation of Cable Service within seven (7) days of a request by any Person in the Franchise Area. Standard Installations shall be done within seven (7) days of a request for service. Comcast shall provide such service: (1) With no extension charge except as specifically authorized by this Agreement; (2) At a non-discriminatory installation charge for a Standard Installation and with additional charges for non-Standard Installations computed according to a non- discriminatory methodology for such installations; and (3) At non-discriminatory monthly rates for all Customers, excepting commercial Customers, Multiple Dwelling Unit Bulk Customers and other lawful exceptions to uniform pricing. (B) No Person shall be refused service arbitrarily. However, for non-Standard Installations or a density of less than twenty five (25) residences per 5280 aerial cable-bearing strand feet of trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or distribution cable, Cable Service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Comcast may require that the payment of the capital contribution in aid of construction be borne by such potential Customers and be paid in advance. 6.2 CUSTOMER SERVICE STANDARDS COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes Comcast shall comply with the Customer service standards in 47 C.F.R. §§ 76.309, 76.1602, 76.1603 and 76.1619, and any local standards adopted in accordance with applicable law. Comcast acknowledges the Town's ability to enact customer service standards that exceed those enacted by the FCC and the Town acknowledges Comcast's right to recover the costs associated with complying with such standards. Comcast shall not enter into a contract with any Customer that is in any way inconsistent with the terms of this Agreement, or the requirements of any applicable Customer service standards. 6.3 CUSTOMER PRIVACY Comcast shall comply with privacy rights of Customers in accordance with applicable law. 6.4 CUSTOMER SERVICE AGREEMENT AND MANUAL (A) Comcast shall provide to Customers an accurate, comprehensive service agreement and customer installation packet for use in establishing Customer service. This material shall, at a minimum, contain the following: (1) Comcast's procedure for investigation and resolution of Customer complaints; (2) Services to be provided and rates for such services; (3) Billing procedures; (4) Service termination procedure; (5) A complete statement of the Customer's right to privacy; (6) Equipment policy; and, (7) The name, address and phone number of the Customer service department that is responsible for handling questions and complaints for Comcast. (B) A copy of the current installation packet shall be available to each Customer: (1) at the time of initial installation and at any time the packet is requested by the Customer. SECTION 7. RECORDS 7.1 REQUIRED RECORDS (A) Comcast shall at all times maintain: (1) Access to a full and complete set of plans, records and maps showing the location of all Cable System facilities in Public Ways; (2) A copy of all FCC filings on behalf of Comcast, its parent corporations or Affiliates that relate to the operation of the Cable System in the Franchise Area; COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (3) A list of Comcast's rates and Channel line-ups; and, (4) Financial records as required by Section 3 hereof. (B) The Town, upon reasonable prior written notice to Comcast, may review Comcast's records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Comcast's compliance with this Agreement, including without limitation any records required to be kept in a public file by Comcast pursuant to FCC rules and regulations. All such records shall be retained by Comcast for at least three (3) years. Comcast shall not deny the Town access to any of Comcast's records on the basis that Comcast's records are under the control of any parent corporation, Affiliate or a third party. The Town may request in writing copies of such records that are reasonably necessary, and Comcast shall provide such copies within thirty (30) days at Comcast's sole expense. If the requested records are too voluminous, or for security reasons cannot be copied or removed, then Comcast may request, in writing within ten (10) days of receipt of such request, that the Town inspect them at Comcast's local offices or at one of Comcast's offices more convenient to Town or its duly authorized agent. If any records of Comcast are not kept in such office and not made available to the Town upon written request, and if the Town determines that an examination of such records is necessary for the enforcement of this Agreement, then all reasonable travel expenses incurred in making such examination shall be paid by Comcast. (C) Comcast shall maintain at its business office, in a file available for public inspection during regular business hours, those documents required pursuant to FCC rules and regulations. (D) Comcast shall keep an accurate and comprehensive compilation of any and all Customer complaints received and Comcast's actions in response to those complaints, in a manner consistent with the privacy rights of Customers. Within sixty (60) days of the Town’s written request, Comcast shall provide an executive summary report to the Town on an annual basis within one hundred twenty (120) days of the end of each year that shall include the following information: (1) Nature, date and type of Customer complaints escalated to Comcast by the Town in writing and date complaints were resolved; (2) A summary of the previous year's activities regarding the development of the Cable System, including, beginning and ending plant miles constructed; (3) An annual report of the company on Form 10-K that is filed with the U.S. Securities and Exchange Commission; and, (4) A copy of all Comcast's rules and regulations applicable to Customers. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 7.2 PROPRIETARY INFORMATION If Comcast provides records to the Town, the Town agrees to keep confidential any proprietary information to the extent permitted by law. Comcast shall be responsible for clearly and conspicuously identifying the work proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under applicable law. 7.3 COPIES OF FEDERAL AND STATE REPORTS Within thirty (30) days of the Town's written request, Comcast shall submit to the Town copies of any pleading, application, notification, communication or document of any kind, submitted by Comcast or an Affiliate to any federal, State or local court, regulatory agency or other government body if such documents relate to the operations of the Cable System. Comcast shall not claim confidential, privileged or proprietary rights to such documents, unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating the Cable System, Comcast shall make such documents available to the Town upon the Town's written request. SECTION 8. PROGRAMMING 8.1 BROAD PROGRAMMING CATEGORIES (A) Comcast shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available. • Educational programming; • News, weather and information; • Sports; • General entertainment including movies; • Foreign language programming; • Children’s programming; • Family oriented programming; • Arts, culture, performing arts programming; • Science and documentary programming; COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes • National/international news; and • Local/regional news. (B) Comcast shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. (C) In the event of a modification proceeding under federal law, the mix and quality of Cable Service provided by Comcast shall follow the guidelines of Federal law. 8.2 OBSCENITY Comcast shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming which is obscene under applicable federal, State or local laws. 8.3 SERVICES FOR THE DISABLED In providing Cable Service to the disabled, Comcast shall comply with the Americans With Disabilities Act, as amended. 8.4 PARENTAL CONTROL DEVICE Upon request by any Customer, Comcast shall make available at no charge a parental control device to enable a Customer to control access to both the audio and video portions of any Channels. Comcast shall inform its Customers of the availability of the device at the time of their initial subscription and upon request. 8.5 COMPLIMENTARY CABLE SERVICE Comcast, upon request, shall provide without charge, a Standard Installation and one outlet of Basic Service to those buildings now existing, acquired or hereafter constructed that are either owned and occupied or leased and occupied by the Town, its designee or other governmental entity, including without limitation fire stations, police stations, libraries, schools and the Access studio, provided that they are already served or are within one hundred twenty-five (125) feet of the Cable System. The Cable Service provided shall not be distributed beyond the originally installed outlet without authorization from Comcast, which shall not be unreasonably withheld. In the case of leased facilities, the recipient of service is responsible for securing approval for appropriate right of entry suitable to Comcast in its reasonable discretion. The Cable Service provided shall not extend to areas of Town buildings where the Comcast would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities) or be used for commercial purposes. For new hookups, Comcast shall not provide an outlet to such buildings where a non-Standard Installation is required, unless the Town or building owner/occupant agrees to pay the cost of the non-Standard Installation. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes SECTION 9. ACCESS 9.1 ACCESS CHANNELS (A) Comcast shall provide, at no charge, two (2) Public, Educational or Governmental (PEG) Access Channels. (B) The Town may delegate management of the PEG Access Channels to a Designated Access Provider. (C) All PEG Access Channels provided for in this Agreement shall be carried system-wide in the Franchise Area, and shall be provided on the Basic Service tier unless otherwise agreed to by the parties. (D) The technical quality of the PEG Access Channels shall not be lower than the quality of other Channels on the same tier of service, at the same technical quality that programming is provided to Comcast by the Town or its Designated Access Provider. (E) The Town shall establish and enforce rules for use of the PEG Access Channels to assure nondiscriminatory access to the Channels to similarly situated users; and to promote use and viewership of the channels, consistent with applicable law. PEG Access Channels may not be used for commercial purposes. (F) Comcast may not exercise any editorial control over the content of programming on the PEG Access Channels. 9.2 UNDERUTILIZED ACCESS CHANNELS Comcast and the Town agree that it is their mutual goal to fully and efficiently use the Channel capacity of the Cable System, which may include allowing Comcast to use underutilized Access Channels. If Comcast believes that any Access Channel is underutilized, Comcast may file a request with the Town to use that Access Channel. The Town shall in its sole discretion render a decision regarding the matter within six (6) months of receiving the request. Should the Town find that the Access Channel may be used by Comcast, then Comcast may begin using such Channel thirty (30) days after receipt of the decision. 9.3 ACCESS CHANNEL LOCATION (A) Comcast shall use its best efforts to minimize the movement of Access Channel assignments. Comcast shall provide to the Town a minimum of ninety (90) days prior written notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Comcast shall give the Town the maximum notice possible. Comcast shall pay the Town one thousand dollars ($1,000) per Access Channel, per move. (B) Comcast, at Comcast's expense, shall include notice of Access Channel changes in its regular monthly billing. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes 9.4 ACCESS CHANNEL PROMOTION Upon request, and when space is available, Comcast shall provide the Town the opportunity to include one bill insertion per year. The Town shall be responsible for the costs of printing its bill insertions, the cost of inserting the information into Comcast's bills and for any incremental postage costs. Comcast shall be provided an opportunity to review all bill insertions. 9.5 PEG FEE (A) Comcast shall collect and provide to Town an amount equal to fifty cents ($0.50) per Residential Subscriber per month as capital support for PEG access ("PEG Fee"). Comcast shall make PEG Fee payments quarterly, no later than sixty (60) days following the end of the quarter. (B) To the extent permitted by law, the PEG Fee may be itemized on Customer billing statements and recovered from Customers over the term of this Agreement. Comcast shall not be responsible for paying the PEG Fee with respect to gratis or Bad Debt accounts. 9.7 RETURN LINES (A) Comcast shall continue to maintain the return lines from all existing Access broadcast facilities to the Headend in order to enable the distribution of programming to Customers on the Access Channels. Comcast shall continuously maintain these return lines throughout the term of the Agreement, unless any of these locations are no longer used in the future to originate Access programming. (B) Within eighteen (18) months of written request by the Town, Comcast shall construct and maintain additional return lines to other locations in the Franchise Area; provided however, that Comcast's construction costs shall be paid by the Town or its Designated Access Provider. (C) Return Lines shall be maintained by Comcast in the same manner as the rest of the Cable System so that Access Channels may be viewed at the same quality that is provided by the Town or its Designated Access Provider. SECTION 10. USE OF PUBLIC WAYS 10.1 CONSTRUCTION AND MAINTENANCE (A) The Cable System shall be constructed and maintained so as not to interfere with sewers, water pipes, or any other property of Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities installed in Public Ways. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (B) In its maintenance and construction of the Cable System, Comcast shall comply with the Avon Town Code. All construction and maintenance of Comcast's facilities within Public Ways shall, regardless of who performs the construction, be and remain Comcast's responsibility. (C) Comcast's contractors and subcontractors shall be licensed and bonded in accordance with the Town's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Comcast. Comcast shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Comcast's responsibility to ensure that contractors, subcontractors or other Persons performing work on Comcast's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. (D) Comcast shall give reasonable notice to private property owners of construction work in adjacent Public Ways. (E) If Comcast disturbs, alters, or damages any public or private property, Comcast shall at its own expense replace and restore any such Public Way or property to a condition equal to the condition of the property existing immediately prior to the disturbance. (F) The Town may inspect any of Comcast's facilities or construction upon at least twenty- four (24) hours' notice, or, in case of emergency, without prior notice, and the Town may charge Comcast generally applicable inspection fees therefor. If an unsafe condition is found, the Town, in addition to taking any other action permitted under applicable law, may order Comcast to make necessary repairs and alterations to correct the unsafe condition by a time the Town establishes. The Town may correct, inspect, administer and repair the unsafe condition if Comcast fails to do so, and to charge Comcast therefor. (G) On notice from Town that any work is being conducted contrary to this Agreement, or in violation of the terms of any applicable law or permit, the work may immediately be stopped by Town. The stop work order shall: be in writing; be given to the Person doing the work or posted on the work site; be sent to Comcast by mail; indicate the nature of the alleged violation or unsafe condition; and establish conditions under which work may be resumed. 10.2 LOCATION AND MOVEMENT OF FACILITIES (A) After the Town or any franchisee or permittee of the Town notifies Comcast of a proposed Public Way excavation, or design of any project impacting facilities in the Public Way, Comcast shall, at Comcast's expense, mark on the surface all of its located underground facilities within the area of the proposed excavation in accordance with applicable law. (B) The Town may remove or disconnect Comcast's facilities and equipment located in the Public Way or on any other property of the Town in the case of an emergency. Except in an emergency, the Town shall provide reasonable notice to Comcast prior to taking such action COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes and shall provide Comcast with the opportunity to perform such action. Following notice by the Town, Comcast shall remove, replace, relocate, modify or disconnect any of its facilities in a Public Way or on any other property of the Town, except that the Town shall provide at least ninety (90) days written notice of any major capital improvement project that would require the removal, relocation, replacement, modification or disconnection of Comcast's facilities or equipment. If Comcast fails to complete this work within the time prescribed and to the Town's satisfaction, the Town may cause such work to be done at Comcast's expense. Comcast shall remit payment to Town within thirty (30) days of receipt of an itemized list of those costs. (C) If the Town requires Comcast to relocate its facilities located in a Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. (C) At the request of any Person holding a valid permit and upon reasonable advance notice, Comcast shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The cost of such temporary change may be charged by Comcast to the permit holder, and Comcast may require the estimated payment in advance. Such payment is an exchange between Comcast and the permittee, and the Town will not be the administrator of these transactions. 10.3 ACQUISITION OF FACILITIES Upon Comcast's acquisition of Cable System related facilities in any Public Way, or upon the addition or annexation to the Town of any area in which Comcast owns or operates any facility, such facilities shall be subject to the terms of this Agreement. The Town acknowledges that inclusion of revenue from Customers affected by annexation to the Town will require ninety (90) days to make changes in the billing system affecting those Customers. 10.4 RESERVATION OF PUBLIC WAYS Nothing in this Agreement shall prevent the Town from constructing any public improvement, or from permitting other utilities the use of the Public Ways. If the Cable System interferes with the construction, maintenance or repair of any Public Way or public improvement, the Cable System shall be removed or relocated in the area the Town directs. If the Town requires Comcast to relocate its facilities located within the Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. All such removal or relocation shall be preceded by sixty (60) days written notice or such additional time as may be provided by Town. Should Comcast fail to remove, adjust or relocate its facilities by the date established by the Town, the Town may effect such removal, adjustment or relocation at Comcast's sole expense. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. 10.5 DISCONTINUED FACILITIES COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (A) When Comcast intends to discontinue using any facility within a Public Way, Comcast shall submit to Town a complete description of the facility and the date on which Comcast intends to discontinue using the facility. Comcast may remove the facility or request that the Town allow it to remain in place. Notwithstanding Comcast's request that any such facility remain in place, the Town may require Comcast to remove the facility from the Public Way or modify the facility to protect the public health, welfare, safety and convenience. The Town may require Comcast to perform a combination of modification and removal of the facility. (B) Comcast shall complete such removal or modification in accordance with a schedule set by the Town. Until Comcast removes or modifies the facility as directed by the Town, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Comcast shall be responsible for the facility, as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use, and Comcast shall retain all liability for such facility. (C) If Comcast abandons any facilities, the Town may choose to use such facilities for any purpose whatsoever. 10.6 USE OF CONDUIT OR DUCTS (A) The Town may install or affix and maintain wires and equipment owned by the Town for Town purposes in or upon any of Comcast's ducts or conduits in the Public Ways, without charge to the Town, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For purposes of this Subsection, "Town purposes" includes, but is not limited to, the use of the structures and installations for fire, police, traffic, water, telephone, or signal systems, but not for Cable Service in competition with Comcast. Comcast shall not deduct the value of such use of its facilities from its Franchise Fee payments or from other fees payable to the Town. (B) Comcast acknowledges that the Public Ways have a finite capacity for containing conduit and facilities. Therefore, Comcast agrees that when the Town determines it is impracticable to permit construction of an underground conduit system by any other Person which may at the time have authority to construct or maintain conduits or ducts in the Public Ways, but excluding Persons providing Cable Service in competition with Comcast, the Town may require Comcast to afford to such Person the right to use Comcast's surplus ducts or conduits in common with Comcast, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by Comcast and the other Person. Nothing herein shall require Comcast to enter into an agreement with such Person if, in Comcast's reasonable determination, such an agreement will compromise the integrity of the Cable System. 10.7 UNDERGROUNDING COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes Where electric and telephone utility wiring is underground, all Cable System lines, wiring and equipment shall also be placed underground with other wireline service at no expense to the Town. Related equipment, such as pedestals, shall be placed in accordance with applicable Town requirements. In areas where either electric or telephone utility wiring are aerial, Comcast may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. 10.8 TREE TRIMMING Comcast may prune or cause to be pruned, using proper pruning practices, any tree in any Public Way which interferes with the Cable System. Comcast shall comply with all Town requirements regarding tree trimming. Except in emergencies, Comcast may not prune trees at a point below thirty (30) feet above sidewalk grade without seven (7) days prior written notice to the owner or occupant of the premises abutting the Public Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Comcast may prune such tree at its own expense. For purposes of this Subsection, emergencies exist when it is necessary to prune to protect the public or Comcast's facilities from imminent danger only. 10.9 GIS MAPPING Comcast shall provide the Town with records of Comcast's trunk and distribution facilities in the Franchise Area in a standard geographic information (GIS) format within thirty (30) days of receipt of written request or longer if agreed to by the parties. SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS 11.1 TECHNICAL PERFORMANCE The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, including FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the authority provided by law to enforce compliance with these technical standards. 11.2 CABLE SYSTEM PERFORMANCE TESTING (A) Comcast shall, at its expense, perform all tests on the Cable System required by the FCC (including FCC required test points located in the Franchise Area) and shall maintain written records of its test results in accordance with FCC requirements. Copies of such test results shall be provided to the Town upon request. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (B) All required tests may be witnessed by representatives of the Town. Upon request, Comcast will notify the Town before any required technical proof-of-performance or other testing occurs. (C) Comcast shall promptly take all necessary measures to correct any performance deficiencies and prevent their recurrence. Sites shall be re-tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. 11.3 STANDBY POWER Comcast shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Comcast shall maintain standby power supplies that will supply back-up power of at least two (2) hours duration throughout the distribution networks, and four (4) hours duration at all nodes and hubs. SECTION 12. VIOLATIONS AND REVOCATION 12.1 PROCEDURE FOR REMEDYING VIOLATIONS (A) If the Town believes that Comcast has failed to perform any material obligation of this Agreement, the Town shall notify Comcast in writing, stating with specificity, the nature of the alleged violation. Comcast shall have thirty (30) days from the receipt of such notice to: (1) Respond to the Town, contesting the Town's assertion that a violation has occurred, or notifying the Town that violation cannot be cured within thirty (30) days because of the nature of the alleged violation, and requesting a hearing in accordance with Subsection (B), below; or (2) Cure the violation. (B) If Comcast does not cure the violation within thirty (30) days, or denies the violation and requests a hearing, the Town shall set a public hearing on the violation. The Town shall provide not less than seven (7) days prior written notice of the hearing. At the hearing, Comcast shall be provided an opportunity to be heard, to present and question witnesses, and to present evidence in its defense. (C) If, after considering the evidence presented at the public hearing, the Town Council determines that a violation exists, the Town may order Comcast to remedy the violation within fourteen (14) days or within such other reasonable timeframe agreed to by the parties. If Comcast does not remedy the violation within such time to the Town's reasonable satisfaction, the Town may: (1) Assess and collect monetary damages in accordance with this Agreement; COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (2) Terminate this Agreement; and/or, (3) Pursue any other legal or equitable remedy available under this Agreement or applicable law. 12.2 ALTERNATIVE REMEDIES (A) No provision of this Agreement shall bar the right of either party to seek or obtain judicial relief from a violation of any provision of the Agreement or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. (B) The Town does not waive any right, immunity, limitation or protection otherwise available to the Town, its officers, officials, Boards, commissions, agents, or employees under any law, including without limitation Section 635A of the Cable Act. Comcast shall not have any monetary recourse against the Town, or its officers, officials, Board, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision of this Agreement or the enforcement thereof, subject to applicable law. 12.3 LIQUIDATED DAMAGES (A) The Town and Comcast recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the Town as a result of a violation by Comcast of this Agreement. Accordingly, instead of requiring such proof of actual loss, the Town and Comcast agree that Comcast shall pay to the Town the sums set forth in this Subsection. Such amounts are agreed by both parties to be a reasonable estimate of the actual damages the Town would suffer in the event of Comcast's violation. (B) In addition to any other remedy, the Town in its sole discretion may, after following the procedures as provided in this Section 12.1, charge to and collect from Comcast the following liquidated damages per day, for each day, or part thereof, the violation continues: (1) For failure to provide data, documents, reports or information or to cooperate with the Town during an application process or Cable System review or as otherwise provided herein: one hundred fifty dollars ($150). (2) For failure to make timely PEG Fee or Franchise Fee payments: two hundred fifty dollars ($250). (3) For failure to comply with any other provision of this Agreement or Customer Service Standards or the Avon Town Code: one hundred fifty dollars ($150). (C) Each violation shall be considered a separate violation for which separate liquidated damages can be imposed. In no event shall liquidated damages be imposed for a period greater than 120 days. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes (D) Comcast shall have thirty (30) days to pay the liquidated damages. If not so paid, the Town may draw on any bond or Letter of Credit. The Town shall give Comcast written notice of any such draw, and within seven (7) days of such notice, Comcast shall restore the bond or Letter of Credit to the amount required under this Agreement. 12.4 REVOCATION (A) The franchise provided by this Agreement may be revoked and all rights and privileges rescinded if a material breach of the Agreement is not cured, or in the event that: (1) Comcast attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Customers; (2) Comcast makes a material misrepresentation of fact in the negotiation of this Agreement; (3) Comcast abandons the Cable System, or terminates the Cable System's operations; (4) Comcast fails to restore service to the Cable System after three (3) consecutive days of an outage or interruption in service; except in the case of an emergency or during a force majeure occurrence, or when approval of such outage or interruption is obtained from the Town; or (5) Comcast becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, there is an assignment for the benefit of Comcast's creditors, or all or part of Cable System is sold under an instrument to secure a debt and is not redeemed by Comcast within thirty (30) days from said sale. (B) Additionally, the franchise granted in this Agreement may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to conduct the business of Comcast, at the option of the Town and subject to applicable law, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of competent jurisdiction. (C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Comcast, the Town may serve notice of revocation on Comcast and to the purchaser at the sale, and the rights and privileges of Comcast under this Agreement shall be revoked thirty (30) days after service of such notice, unless: (1) The Town has approved the transfer of the Agreement, in accordance with the procedures set forth in this Agreement and as provided by law; and (2) The transferee has agreed to assume and be bound by all terms of this Agreement. 12.5 PURCHASE OF THE CABLE SYSTEM If at any time this Agreement lawfully terminates, the Town shall have the option to purchase the Cable System; provided that nothing in this Agreement shall limit or expand the Town's right of eminent domain under State law. COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes SECTION 13. TRANSFER 13.1 TRANSFER OF OWNERSHIP OR CONTROL (A) The Cable System and this Agreement shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the Town, which consent shall be by the Town Council, acting by ordinance or resolution. (B) Comcast shall promptly notify the Town of any actual or proposed change in control of Comcast. The word "control" as used herein is defined as an acquisition of 51% or greater ownership interest in Comcast. Such change of control of Comcast shall make this Agreement subject to cancellation unless and until the Town has consented in writing. (C) The parties to the transfer shall make a written request to the Town for its approval of a sale or transfer or change in control and shall furnish all information required by law. (D) In seeking the Town's consent to any transfer, the proposed transferee or controlling entity shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a Cable System or the provision of Cable Services; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or controlling entity, along with any other data that is lawfully required; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Agreement. (E) The proposed transferee shall provide complete information regarding any potential impact of the transaction on Customer rates and service, as well as any other documentation reasonably related to the proposed transaction and consistent with applicable law which, in the reasonable discretion of the Town are necessary to understand the proposed transaction. (F) The Town shall act on the request within one hundred twenty (120) days of receipt of the FCC Form 394 application and all information expressly required by this Agreement and applicable law, provided it has received a complete application. Subject to the foregoing, if the COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes Town fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the Town agree to an extension of time. (G) Within thirty (30) days of any transfer, Comcast shall file with the Town a copy of the deed, agreement, lease or other written instrument evidencing such transfer, certified correct by Comcast and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all terms of this Agreement, subject to applicable law. In the event of a change in control in which Comcast is not replaced by another entity, Comcast will continue to be bound by all terms of the Agreement, subject to applicable law, and will not be required to file an additional written acceptance. The approval of any transfer shall not waive any rights of Town to subsequently enforce noncompliance issues relating to this Agreement. If a change of control involves an entity that was not an Affiliate prior to the contemplated transaction, the Town's consent shall be required for such change in control. (H) In reviewing a transfer request, the Town may inquire into the legal, technical and financial qualifications of the transferee, and Comcast shall assist the Town in so inquiring. The Town may condition said transfer upon such terms as it deems reasonably appropriate, consistent with applicable law and reasonably related to the qualifications of the prospective transferee to comply with this Agreement or the resolution of outstanding and unresolved issues of noncompliance with this Agreement by Comcast. (I) Notwithstanding anything to the contrary in this Subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or the Cable System to an intracompany entity controlling, controlled by or under the same common control as Comcast, provided that the proposed assignee or transferee shall show financial responsibility as may be determined necessary by the Town and shall agree in writing to comply with all provisions of the Agreement. Further, Comcast may pledge the assets of the Cable System for the purpose of financing without the consent of the Town; provided that such pledge of assets shall not mitigate Comcast's responsibilities to meet its obligations under this Agreement. SECTION 14. MISCELLANEOUS 14.1 CUMULATIVE RIGHTS Subject to applicable law, all rights and remedies given to the Town or retained by the Town in this Agreement shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the Town, at law or in equity, and such rights and remedies shall not be exclusive, but every right and remedy given by this Agreement or otherwise existing may be exercised as often and in such order as deemed COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes expedient by the Town, and the exercise of one right or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 14.2 COSTS TO BE BORNE BY COMCAST Comcast shall pay for all costs of publication of this Agreement, and any and all notices prior to any public meeting or hearing provided for pursuant to this Agreement in accordance with the Avon Town Code or Charter. 14.3 BINDING EFFECT This Agreement shall be binding upon the parties hereto, their permitted successors, transferees and assigns. 14.4 MODIFICATION This Agreement may be modified only by written agreement between the parties. 14.5 GOVERNING LAW AND VENUE This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, as amended, any applicable rules, regulations and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations. The venue for any dispute related to a violation of this Agreement shall be in an appropriate state court of competent jurisdiction in Eagle County, Colorado. 14.6 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 14.7 WAIVER The failure of either party at any time to require performance by the other of any provision hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 14.8 SEVERABILITY If any provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other provision of this Agreement. 14.9 FORCE MAJEURE Comcast shall not be held in violation of this Agreement for any act caused by circumstances reasonably beyond the ability of Comcast to anticipate and control, including war, riots, civil COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes disturbances, floods, severe adverse weather conditions or other natural catastrophes, labor stoppages or power outages exceeding back-up power supplies. 14.10 ENTIRE AGREEMENT This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral and written negotiations between the parties. 14.11 NOTICES Each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent to such respective address, and such notices shall be effective upon the date of mailing. On the Effective Date, the following are the addressed on file: Comcast: With a copy to: Comcast Comcast 8000 East Iliff Avenue 281 Metcalf Road, Suite 110 Denver, CO 80231 Avon, CO 81620 Attn: Government Affairs Attn: General Manager The Town: Town of Avon 1 Lake Street Avon, CO 81620 Attn: Town Manager COMCAST OF COLORADO VII, LLC/ TOWN OF AVON Franchise proposal for negotiation purposes IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. TOWN OF AVON, COLORADO _______________________________ Mayor ATTEST: __________________________________ Town Clerk APPROVED AS TO FORM: __________________________________ Town Attorney COMCAST OF COLORADO VII, LLC __________________________________ By: _______________________________ Its: _______________________________ TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Susan Fairweather, Director of Economic Initiatives Date: April 22, 2014 Work Session Topic: Presentation and Discussion of Amendment 64 Report – Marijuana: Cultivation, Manufacturing, Testing and Retail Operations Please find attached staff’s Amendment 64 Report on Cultivation, Manufacturing, Testing and Retail Operations which is presented for your consideration and comments at tonight’s work session. The Report includes the following sections for your consideration: • Overview & Purpose of Work Session • Avon’s Brand • Health Reports – Scientific Findings • Law Enforcement Findings • Recreational Marijuana Considerations for Approving in Avon • Private Smoking Clubs • License Authority – Fees – Taxes • Education • Public Input • Colorado Cities Overview • Appendices Porter Wharton, Principal, the Wharton Group is present at tonight’s meeting. Mr. Wharton is the governmental affairs consultant to the Cannabis Business Alliance (CBA). Mr. Wharton has assisted staff in understanding the recreational marijuana regulations within the state through his extensive work throughout Colorado and with other municipalities in the United States. Mr. Wharton is available to answer any questions that you might have. Council may act on one of two first reading motions for ordinances presented in the packet (see agenda items 7.1.2 and 7.1.3 at Tuesday’s meeting to meet the June 1st moratorium deadline, with a public hearing for second reading occurring on May 13th or 27th. Council may also wait to take action on a first reading at your May 13th meeting. The motions are as follows: • MOTION TO EXTEND TEMPORARY MORATORIUM: I move to approve first reading of Ordinance No. 14-05 an Ordinance Extending a Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing And Testing Facilities, Retail Marijuana Stores And Marijuana Clubs Or • MOTION TO PROHIBIT COMMERCIAL MARIJUANA ESTABLISHMENTS IN AVON: I move to approve first reading of Ordinance No. 14-06 An Ordinance Amending Sections 5.04.45 and Table 7.24.01 of The Avon Municipal Code To Prohibit Marijuana Establishments in The Town Of Avon.” Failure to act will result in default to the State which requires accepting marijuana related applications on July 1, 2014. Staff is present to answer any questions you might have at tonight’s work session. AMENDMENT 64 REPORT ON CULTIVATION, MANUFACTURING, TESTING AND RETAIL OPERATIONS APRIL 22, 2014 TOWN COUNCIL MEETING PREPARED BY: Susan Fairweather – Director of Economic Initiatives Matt Pielsticker – Planning Manager Brian Garner – Town Planner Jeremy Holstrom – Detective Randy Gray – Avon Police Virginia Egger – Town Manager Eric Heil – Town Attorney AMENDMENT 64 REPORT ON CULTIVATION, MANUFACTURING, TESTING AND RETAIL OPERATIONS TABLE OF CONTENTS Section 1: Overview & Purpose of Work Session • Introduction • Overview of State Law • Permitting Recreational Marijuana • Purpose of Work Session Section 2: Avon’s Brand Section 3: Health Reports – Scientific Findings • Introduction • Health Effects: Summary of Findings • Response to Health Claims from 8/27/13 Council Meeting Section 4 Law Enforcement Findings • Introduction and Findings • Avon Marijuana Related Citations • Other Communities’ Findings • Considerations if Approving Marijuana in Avon • State of Colorado 2014 Funding Requests Section 5 Recreational Marijuana Considerations for Approving in Avon • Introduction • Avon’s PUD Zoning and Federal Law Governing School Distance • Cultivation, Manufacturing and Testing Facilities • Recreational Marijuana Retail Stores Section 6 Private Smoking Clubs / Retail Marijuana Section 7 License Authority – Fees – Taxes • Summary of Findings • Excise Tax/Transaction Fee Considerations • Banking and Payment of Taxes • Use of Funds • Sales Information from Surrounding Communities • Council Consideration for Setting Fees and Taxes Section 8 Education Section 9 Public Comment Appendix A Jurisdictional Comparison Appendix B Zoning and Buffer Analysis for Marijuana in Avon Appendix C Status of Current Cities and County in Colorado Appendix D Health Reports Appendix E Marijuana: Facts Parents Need to Know Page |1. 1 SECTION 1 OVERVIEW & PURPOSE OF WORK SESSION 1.1 Introduction This report outlines several decision points the Town of Avon needs to consider regarding Recreational Marijuana, including cultivation, production of marijuana infused products, testing, retail sales and smoking clubs. The report includes a general overview of the new State law, health reports on the effects of marijuana, summarizes how other communities, who have approved recreational marijuana are proceeding on an array of topics (Appendix A), and reviews the options for each decision step. Staff has also included a summary of public input on the topic. 1.2 Overview of State Law There have been two constitutional amendments adopted in the State of Colorado concerning marijuana, putting Colorado in a unique position to lead the nation in the evolution of legalized marijuana. Whether or not anyone agrees with legalization, the people of Colorado have mandated it through the State Constitution, and it is now up to the State and local jurisdictions to prohibit legal marijuana or to regulate its growth, production, distribution and sale. Amendment 64 passed Statewide with a vote of 55% in favor; in Eagle County the vote was 66% in favor; and in Avon 71.37%. The constitutional amendments, the State laws and State regulations and Federal regulations are voluminous. These rules have been reviewed by the Town Attorney and applied, as needed, in this report. 1.3 Permitting Recreational Marijuana The constitutional amendments and State laws and regulations referenced above allow municipalities to decide whether recreational marijuana sales should be permitted within the municipality. The Town of Avon though past Council action prohibited the sale of medical marijuana. Medical marijuana establishments were granted the ability under the State law to file for recreational marijuana sales, if approved. With no medical marijuana in Avon, the first date available for non-medical sales is July 1, 2014. With the passage of Amendment 64, on August 27, 2013, the Council adopted Ordinance No. 13-11 to enact a temporary moratorium on the following recreational marijuana activities: Retail, Testing, Cultivation and Manufacturing. The temporary moratorium is set to expire June 1, 2014. The State of Colorado begins on July 1st accepting applications from any person/s who is interested in seeking a retail marijuana license, and was not prior to this time a licensed medical marijuana provider; these new licenses will be not issued until October 1, 2014. 1.3 Purpose of Work Session A two-hour work session is scheduled to review this report’s topics and then for Council to take action on one of two First Reading options. Action is planned prior to the expiration of the temporary moratorium on June 1st. Page |1. 2 1. First Reading of Ordinance 14-05, Extending Temporary Moratorium on Marijuana Establishments If this Ordinance is passed, Council could adopt regulations or place the matter before the voters this November*. The full ordinance is provided on page 1.4 Action Summary REGULATING Marijuana Cultivation, Manufacturing and Testing, Retail Stores, and/or Clubs Meeting Date Review Body Action April 22 Council First Reading of Ordinance 14-05, Extending Moratorium until March 31, 2015 May 13 Council Public Hearing and Second Reading of Ordinance 14-05, Extending Moratorium until March 31, 2015 May 27 Council Alternate Date for 2nd Reading June 10 Council/PZC Bi-annual Joint Work Session including Marijuana discussion June 17 PZC Work Session July 1 PZC Public Hearing and Recommendations to Council July 8 Council CANCELLED MEETING July 22 Council First Reading of Ordinance 14-XX, Regulating First Reading of Ordinance 14-XX, Ballot Question(s) August 12 Council Public Hearing of Ordinance 14-XX, Regulating Public Hearing of Ordinance 14-XX, Ballot Question(s) August 26 Council Additional Public Hearing on Ordinance, 14-XX, if necessary November 4 Election Day 2014 - OR - 2. First Reading of Ordinance 14-06 Prohibiting Marijuana Establishments, which is provided on page 1.7. It is possible at a subsequent time for Council to consider approving recreational marijuana in the future by Ordinance. The Second Reading of the selected option will be a public hearing on May 13, 2014, or May 27, 2014. As soon as a decision is made to permit or to prohibit marijuana establishments, then the temporary moratorium imposed by Ordinance No. 14-05 could be rescinded or superseded. If no action is taken the State of Colorado law requires that Avon permit recreational marijuana. * If Council decides to place a question whether to prohibit or approve recreational marijuana, certification of the ballot text must be provided to the County Clerk and Recorder not later than September 5, 2014. In accordance with the Council’s regular meeting schedule first reading of such an ordinance would need to occur on August 12, 2014 and second reading would need to occur on August 26, 2014. Action Summary PROHIBITING Marijuana Cultivation, Manufacturing and Testing, Retail Stores, and/or Clubs Meeting Date Review Body Action April 22 Council First Reading of Ordinance 14-06, Amending Code to Prohibit May 13 or May 27 Council Public Hearing and Second Reading of Ordinance 14-06, Amending Code to Prohibit Page |1. 3 FIRST READING TO EXTEND MORATORIUM TOWN OF AVON, COLORADO ORDINANCE NO. 14-05 SERIES OF 2014 AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE OPERATION OF MARIJUANA CULTIVATION, PRODUCT MANUFACTURING AND TESTING FACILITIES, RETAIL MARIJUANA STORES AND MARIJUANA CLUBS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation created and organized pursuant to Article 20 of the Colorado Constitution and the Charter of the Town; WHEREAS, by virtue of Article 20 of the Colorado Constitution, and as further authorized by state law, including, but not limited to, Sections 31-15-401 and 31-23-301 of the Colorado Revised Statutes, the Town has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its citizens; WHEREAS, pursuant to Section 31-23-301 of the Colorado Revised Statutes, such police powers include the power to regulate the location and use of land within the community for trade, industry, or other purposes; WHEREAS, Section 29-20-104 of the Colorado Revised Statutes grants home rule cities the authority to plan for and regulate the planned and orderly use of land on the basis of the impact thereof on the community; WHEREAS, the Town possesses the power and authority to impose a temporary suspension and delay in the acceptance and processing of certain applications and approvals in order to study all factors impacting the land use scheme and to develop regulations; WHEREAS, planning, land use, and general business regulation are well-established as purely matters of local concern; WHEREAS, the Town is additionally authorized to manage and control all Town owned or leased property; WHEREAS, on November 6, 2012 Colorado voters approved Amendment 64, Personal Use and Regulation of Marijuana, which adds a new Section 16 to Article XVIII of the Colorado Constitution; WHEREAS, pursuant to Amendment 64, a “locality,” defined to include a municipality, may “prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance;” WHEREAS, pursuant to Amendment 64, the Town may also prohibit or otherwise regulate the Page |1. 4 possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in Town owned or leased property; WHEREAS, Town Council adopted Ordinance No. 13-11 which established a temporary moratorium on marijuana establishments until June 1, 2014; WHEREAS, the Town Council instructs Town staff to review state regulatory provisions, when available, and assemble information about best practices used by other communities pertaining to marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores and thereafter report to Town Council such information as deemed appropriate; WHEREAS, the State of Colorado is continuing to formulate state regulations for marijuana establishments and has not yet finalized such regulations; WHEREAS, the Town Council finds and determines that extending the moratorium on commercial marijuana establishments will allow Town staff and Town Council the time to investigate the Town’s ability to permanently regulate marijuana establishments, and to consider and potentially develop appropriate regulations as directed by the Town Council; WHEREAS, the Town Council finds that due to the uncertainty in state regulation, the complexity of zoning and community planning issues, the complexity of locally regulating retail marijuana establishments, the need for community input and appropriate public process, and the need to gather additional data and information concerning the positive and negative impacts associated with permitting and regulating retail marijuana establishments and other forms of commercial marijuana uses and businesses, that extending the temporary moratorium until March 31, 2015 is a reasonable timeframe; WHEREAS, it is the Town Council’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Temporary Suspension and Delay Extended. The Town hereby extends the temporary moratorium imposed by Ordinance No. 13-11 and further imposes a temporary suspension and delay in the acceptance, processing, and approval of all applications for any Town of Avon permit, license, or any other application pertaining to the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores, and marijuana clubs (collectively “marijuana Page |1. 5 establishments”). This temporary suspension and delay shall automatically terminate at midnight on March 31, 2015, unless terminated earlier by the Town Council or extended in its duration by the enactment of another ordinance. This Ordinance and the temporary suspension and delay imposed hereby shall be self- executing without further action by the Town or its Town Council. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, 2014. Page |1. 6 FIRST READING TO PROHIBIT TOWN OF AVON, COLORADO ORDINANCE NO. 14-06 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS WHEREAS, Colorado voters approved “Amendment 64” which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Colorado Constitution Article XVIII Section 16(5)(f) allows local governments to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance; and WHEREAS, the Town Council of the Town of Avon previously passed legislation prohibiting medical marijuana dispensaries and medical marijuana cultivation operations in the Town; and WHEREAS, it is the Town Council’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 5.04.045. Section 5.05.045 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “5.04.045 Medical marijuana business, marijuana establishment and marijuana club prohibited. Medical marijuana business, marijuana establishment and marijuana club, as defined in Section 7.08.010 of this Code and as may be amended or recodified, is are each prohibited and unlawful in the Town. Section 3. Amendment to Avon Municipal Code Section 7.08.010. Section 7.08.010 is hereby amended by adding the following definitions, to read as follows: Page |1. 7 Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Section 4. Amendment to Avon Municipal Code Table 7.24-1. Table 7.24.-1 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “Medical Marijuana, Marijuana Establishment and Marijuana Club.” Section 5. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining Page |1. 8 any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, 2014. Page |2. 1 SECTION 2 AVON’S BRAND 2.1 The Avon Town Council recently adopted a Brand Platform to guide policy and decision making in the Town. The approval or prohibition of recreational marijuana is the type of decision that one could expect to be measured against the Town’s brand characteristics, which include: • Entrepreneurial and energetic • Optimistic and open to change • Appreciative and proud • Nature-loving and adventurous • Comfortable and unpretentious • Welcoming and engaging • Community-minded and family-oriented • Complementary and connected to its resort neighbors • Progressive and ecologically aware While the application of these characteristics is subjective, it may be beneficial to evaluate how approval or prohibition meets the brand. Page |3. 1 SECTION 3 HEALTH REPORTS – SCIENTIFIC FINDINGS 3.1 Introduction As requested by Town Council, staff has collected reports from nationally recognized organizations on the health effects of marijuana. Titles of the articles, web site links, and the articles are provided in Appendix D to this report for your reference. Note: Some reports cover overlapping topics, and are organized as follows: 3.1.1 Health Effects - Brain Development – Appendix D, Page 1 3.1.2 Behavioral Issues and Addiction – Appendix D, Page 7 3.1.3 General Health – Appendix D, Page 9 3.1.4 Beneficial Studies/Medical Opinions – Appendix D, Page 16 Following the list below, is a response to health claims made by some members of the public at the August 27, 2014, Council meeting.. 3.2 Health Effects: Summary of Findings: Negative Health Effects • Thinking and memory may last a long time or be permanent including loss of IQ • Fosters brain changes that resemble schizophrenia • “Amotivational” syndrome – diminished or lost drive to engage in formerly rewarding activities • Frequent chest illness and a heightened risk of lung infections • Rise in heart rate from 20-100 percent after smoking • May cause depression, anxiety, suicidal thoughts and personality disturbances • During pregnancy – increased risk of neurobehavioral problems in babies • Is addictive • Impaired coordination and judgment • Heavy Use can affect hormones in both males and females • Immune system – affects the body’s ability to resist viruses, bacteria, fungi and protozoa and decreases the body’s anti-tumor activities Therapeutic Health Benefits • Stimulates appetite • Pain relief Page |3. 2 • Nausea and vomiting relief • Seizure relief • Limits neurological damage following ischemic insults, such as stroke or trauma 3.3. Response to claims made at 8-27-13 Council Meeting Claim: Infants born with cannabis in their system have lower mortality rate than those born without cannabis (“higher likelihood to not pass away”) Limited but inconclusive findings as follows: 1) "Cannabinoids are known to enhance appetite by activating cannabinoid (CB1) receptors. This phenomenon is exploited to combat cachexia and loss of appetite in cancer and AIDS patients. The endocannabinoid 2-arachidonylglycerol (2-AG) is present in milk. Evidence is presented supporting a critical role for CB1 receptors in survival of mouse pups. Thus neonates do not gain weight and die within the first week of life when their receptors are blocked. This is due apparently, to an inability to ingest maternal milk. This suggests that the endocannabinoid-CB1 receptor system is unique in its absolute control over the initiation of the neonatal milk suckling response. It is further proposed that cannabis-based medicines should be developed to benefit infant failure to thrive." Source: Fried, Ester, "Cannabinoids and Feeding: The Role of the Endogenous Cannabinoid System as a Trigger for Newborn Suckling," Journal of Cannabis Therapeutics (London, United Kingdom: Haworth Integrative Healing Press, 2002) Vol. 2, No. 3/4, p. 49. http://www.cannabis-med.org/membersonly/mo.php?aid=2002-03-04&fid=2002-0... 2)” Are infants born to cannabis-consuming mothers less likely to die in the first two years of life, or are the results of this study an anomaly? I wish I could answer this question conclusively, but this information definitely indicates the need for further study! I sought out more research on this subject, and could not find much. I did find an article on the importance of endocannabinoids on pediatric development and disease, the critical role of the endogenous cannabinoids system on mouse pup suckling and growth, and a study on cannabis and breastfeeding that seems to use some good data to make some bad points.” http://www.examiner.com/article/marijuana-consumption-by-pregnant-women-may-reduce- infant-mortality Page |4. 1 SECTION 4 LAW ENFORCEMENT 4.1 Introduction & Findings Staff has collected information on Avon and from Aspen, Breckenridge, Steamboat and Eagle County about changes at the law enforcement level since January 1, 2014, when recreational marijuana became legal in Colorado. Illegal possession of marijuana citations/arrests have decreased significantly in 2013 and 2014 after the legalization of recreational marijuana. This data is consistent across communities surveyed. 4.2 Avon Marijuana Related Citations TOWN OF AVON - MARIJUANA RELATED CITATONS # of Citations 2011 2012 2013 2014 Driving Under Influence of Marijuana January 1 0 1 2 February 1 1 0 1 March 6 1 0 3 Yearly Total 11 6 9 NA Illegal Possession January 4 3 0 3 February 0 3 1 0 March 17 11 0 1 Yearly Total 55 49 7 NA The Police Department has experienced an increase in impaired driving overall in recent years. The department has conducted more combined alcohol and marijuana impaired driving investigations since the legalization of medical marijuana as well as retail marijuana. Marijuana usage has increased and officers have noticed an increase of possession within residences, on persons, within vehicles, and during officer contacts on criminal cases with the public. Marijuana may play a role in certain types of cases but the reports are not labeled in a way that would allow the department to easily identify these incidents. Police responses to complaints involving marijuana usage have changed since the legalization of marijuana and the relaxation of laws. The public does not tend to report marijuana incidences since its legalization. Smoking in Public Places - Warnings were given initially, but discretion is moving toward citing now that the public is more aware of the laws prohibiting smoking in public places. Officers have smelled Page |4. 2 it in the hallways of hotels, apartment complexes, and breezeways, but are unable to take action as it may have been used as medical marijuana or most recently purchased as recreational retail marijuana. 4.3 Other Communities’ Findings The Eagle County Sheriff’s Office reports no significant crime increases related to marijuana in the County since the passage of Amendment 64. Aspen has not seen a big impact to their Police Department regarding legalized marijuana. They have focused heavily on education in schools as well as to the local community, and have helped create a website to address education on marijuana use. www.valleymjcouncil.org. Breckenridge has hired one full time Code Enforcement Officer to deal with the increase in marijuana in the town. Seven out of eight purchasers of marijuana in Breckenridge are from out of town. With the multitude of recreational marijuana businesses in the town limits, the police department has deployed this officer to handle code complaints and the development of educational campaigns for youth. Steamboat Springs has come up with associated costs for their marijuana compliance and inspection checks. The Town has three licensees. The Police Department has reported no significant crime increases related to marijuana since the passage of Amendment 64. Marijuana Compliance/Inspection Associated Costs Pre-Compliance Check Two-Sworn Police Officers @ $36.50 per hr. (OT rate) Two- under twenty- one civilians @ $15.00 per hour 1 hour for briefing, pre-test (urine), photographs, etc. for civilian participants Police = $73.00 Civilians= $30.00 Total = $103.00 Compliance Check 2.5 hours including reports, booking evidence, statements, travel, etc. Police =$182.50 Civilians=$75 .00 Total =$257.50 -------------------------------------------------------------------------------------------------- Total = $360.50 (monthly x 12) Total cost of Compliance Checks to the Steamboat Springs Police Compliance Check $360.50 x 12= $4,362.00 Note: (While not anticipated, this total cost is assuming limited violations. Multiple violations would result in additional administration time. This would increase the Police Officer over-time costs.) Page |4. 3 4.4 Considerations if Approving Recreational Marijuana in Avon Based upon the early experience in the selected resort communities, no significant increases in Police Department staffing is expected. This can be influenced, however, by the number of recreational marijuana outlets and effectiveness of education programs. With current technology, the cost of marijuana testing, when a person is suspected of driving under the influence is expensive, as a blood test is required. Council should consider a restitution charge for these tests in the future. 4.5 State of Colorado 2014 Funding Requests Two significant funding requests have been submitted by State Office of Planning and Budgeting to the Colorado Joint Budgeting Committee. The requests identify the resources necessary for law enforcement to ensure the safety of the general public (including training and roadside testing devices; a robust regulatory environment, youth education, substance treatment and promotion of public health. The combined total of the requests equal $20.5 million. If funding is provided, benefits would accrue at the local level. Action will be taken this Legislative term. Page |5. 1 SECTION 5 RECREATIONAL MARIJUANA CONSIDERATIONS FOR APPROVING IN AVON 5.1 Introduction Several mountain communities in Colorado have passed ordinances legalizing and regulating recreational marijuana and uses ancillary to retail stores. In an effort to understand how other towns are managing the regulatory framework, staff has researched the towns of Breckenridge, Frisco, Steamboat Springs and Aspen and provided a jurisdictional comparative matrix as Appendix B to this report. Where applicable, those findings are incorporated below. Initial feedback from these municipal contacts is that the regulatory framework is working well in the community and few, if any, problems are reported. “PUD Zoning” and Required Distances for Certain Uses from Marijuana Establishments 5.2 Avon’s “PUD Zoning” and Federal Law Governing School Distance from Marijuana Establishments PUD Zoning: One of the unique characteristics of Avon is its expansive “PUD Zoning” which essentially are custom zone districts. Exhibit B, a map of the PUD Zoning areas in the Town of Avon, which follows this written Section, identifies seventy-three percent (73%) of the Town’s total incorporated area as being governed by PUD authority vested in Homeowner Associations (HOAs), in addition to Town Land Use Code requirements. The net effect of PUD Zones is that, if Council approves recreational marijuana in one or more areas governed by a PUD, then that PUD would need to take a subsequent action to prohibit or approve with or without conditions allowing recreational marijuana. Staff Comment: With this zoning pattern, if Council wishes to proceed with steps to approve recreational marijuana, staff recommends overlay districts be used based upon the type of recreational marijuana facility being approved. Federal Regulations Applying to Schools: At least 1,000 feet of separation “as the crow flies” is required under Federal law between a school, youth center or public swimming pool, playground, and a recreational or medical marijuana establishment. A school includes both public and private schools. The map provided In Appendix B also delineates the effect of the requirement when applied to all schools and daycare facilities. The Recreation Center and Nottingham Park playgrounds are also subject to the 1,000 foot minimum distance ruling. Remaining Incorporated Area: Areas without PUD Zoning or not included in the school/playground 1,000 foot restriction buffer, is limited. As shown on the map in Appendix B, remaining properties eligible for consideration only include those zoned for retail uses. These are located in a small part of Page |5. 2 Nottingham Road near the Interstate 70 Interchange, and in the Shopping Center (SC) zoned properties in East Avon. Recreational Marijuana Business Types Requiring Town of Avon Permitting 5.3 Cultivation, Manufacturing and Testing Facilities The Town may approve or prohibit any or all of these facilities. If the Town Council wishes to move to the construction of regulations for one or more uses, then staff recommends consideration of the following: 1. The Light Industrial and Commercial (IC) zone district is intended to provide for a variety of warehousing uses, research and development firms, wholesale distributors and light manufacturing. This particular zone district lends itself well to cultivation, manufacturing, and/or testing facilities if properly regulated and distanced from sensitive land uses. 2. The need for staff to prepare a definition for each facility; evaluate current building codes for adequacy of ventilation systems. As an example, Eagle County has enacted a thorough application checklist including the design of an odor control system by a licensed mechanical engineer. 5.3.1 Cultivation: An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Jurisdictional Comparison: All entities surveyed in Appendix A have approved cultivation facilities. 1. Revenues accruing to the jurisdiction are from Licensing Fees ranging from $1500 - $9,650 per year 2. Annual renewal fees range from $150 - $9,650 per year 3. Term of License: One Year 4. Zone Districts: Industrial and/or Commercial districts were selected by other communities. Portions of the Town’s Light Industrial and Commercial (IC) zone district outside the 1,000 buffer could be appropriate for cultivation facilities if thoroughly regulated. 5. Current State Amendment 64 regulations require that an approved retail store must own its cultivation operation, which can be off-site. Certain exceptions on quantities, i.e., 30% can be purchased from another grower are allowed. This requirement is expected to change in the current State of Colorado Legislative Session to allow purchase of product from a non-owned grow operation, but at this time has not been amended. 5.3.2 Manufacturing: Page |5. 3 This is an entity licensed to purchase marijuana for the alteration of the marijuana into products such as “consumables” or “marijuana infused products” (“MIPs”) and then package the marijuana products and sell to other marijuana product manufacturing facilities and to retail marijuana stores, but not directly to consumers. Jurisdictional Comparison: All entities surveyed in Appendix A have approved manufacturing facilities. 1. Revenues accruing to the jurisdiction are from Licensing Fees ranging from $150 - $9,650 per year. 2. Annual renewal fees range from $150 - $9,650 per year 3. Term of License: One Year 4. Zoning: As with cultivation activities, these activities have been zoned in Commercial and/or Industrial zone districts. The Town’s IC zone district would be the equivalent of other communities for this type of operation. 5.3.3 Testing Facilities: An entity licensed to analyze and certify the safety and potency of marijuana. Laboratory testing for all marijuana products sold in the State will soon be a requirement. Jurisdictional Comparison: As shown in Appendix A, Aspen, Steamboat Springs and Eagle County have approved testing facilities. 1. Revenues accruing to the jurisdiction are from Licensing Fees ranging from $2,000 - $9650 per year. 2. Annual renewal fees range from $150 - $9650 per year 3. Term of License: One Year 4. Zoning: These types of facilities are found in Rural, Industrial, and or Commercial Zone Districts. The Town’s Light Industrial and Commercial (IC) zone district would be the appropriate zone district since it currently permits “commercial research facilities.” 5.4 Recreational Marijuana Retail Stores An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana products to consumers. Currently, a retail marijuana store licensee shall only sell retail marijuana that was grown in its commonly-owned retail marijuana cultivation facility, with some exceptions as noted above. Jurisdictional Comparison: All entities surveyed in Appendix A have approved retail stores. 1. Revenues accruing to the jurisdiction are from Licensing Fees ranging from $150 - $9,650 per year 2. Annual renewal fees range from $150 - $9,650 3. Term of License: One Year 4. Direction on Land Use Codes: Staff has collected zoning and design guidelines from the surveyed municipalities as shown in the comparative summary. If Council wishes to move forward to extend the moratorium for the purposes of preparing the ordinances needed Page |5. 4 to regulate recreational marijuana, either by Council or voter ballot approval, staff seeks direction on the following topics: [Fees, taxes, licensing process and use of fee/tax proceeds are dealt with in subsequent sections of this report.] 5.4.1 Classify as a Retail Use: Classify Recreational Marijuana as retail use and allow in zones permitting retail operations. This aligns with how Avon regulates liquor sales. 5.4.2 Regulate Number: The Town of Avon may regulate the total number of retail establishments selling Recreational Marijuana. This could be useful if there are concerns about a substantial influx of establishments or over-concentration of this use. Experience with medical marijuana shows that the market over time regulates the number of successful owners. It may make sense in the initial years to limit to a small number (for example three) especially when considering the PUD zoning throughout the Town. 5.4.3 Regulate Distance from Schools: 1,000 feet is the federal distance requirement that would be applied to Avon Elementary School as well as any public or private school, or playground. 5.4.4 Regulate Distance from Other Uses: When surveying other municipalities that currently permit marijuana establishments, in addition to distancing from schools and parks, locational restrictions are typical from residential uses. Minimum setbacks from residential uses are either “not immediately adjacent”, 100’, or 200’. 5.4.5 Regulate Distance from another Recreational Marijuana Establishment: Some communities enact “spacing” requirements limiting how close one operation can be to another. Installing a spacing requirement could result in a de-facto monopoly where one operation is protected from all other competitors when considering the limited incorporated areas not under a PUD Zone. Other communities have adopted strict distancing requirements such as 500’ in Frisco and 1000’ in Steamboat. There can be parallels drawn between the licensing process for liquor establishments and marijuana establishments. The Town’s liquor authority has vague criteria to consider when reviewing a new establishment in relation to distancing and quantity: • The ratio of the number of retail liquor store licenses in the Town to the population of neighborhood of the Town, compared to the ratio of the number of retail liquor store licenses in the County to the population of the County. • The distance between the premises of the applicant and the premises of other holders of the same class of license. 5.4.6 Develop Design Guidelines for signage, store names, storefront and interior elements: Prohibit any flamboyant display of marijuana and keep storefronts discreet and attractive. Establish guidelines that require a business that meets a “more superior quality” of development (Strategic Plan). Page |5. 5 5.4.7 Retail Marijuana Vending Machines: Staff has not had sufficient time to fully evaluate how to best regulate this type of vending machine should Council wish to permit the machines. 5.6 Map: Zoning and Buffer Analysis for Marijuana Businesses The map provided in Appendix B shows the following: • 1,000 linear foot distance buffer from public/private schools and public parks. Properties within these buffer zones are not eligible for any type of marijuana establishment. • PUD zone districts. Any marijuana establishment proposed in a PUD zone would require a zoning amendment be approved by Town Council to operate. • Potential locations in the Neighborhood Commercial (NC) and Shopping Center (SC) zone districts where a marijuana establishment could operate if retail recreational marijuana is approved by Town Council. Page |6. 1 SECTION 6 PRIVATE SMOKING CLUB / RECREATIONAL MARIJUANA 6.1 Introduction: This section discusses Marijuana Clubs, meaning establishments where persons who are 21 or older may bring their own cannabis and consume it in the presence of other club members. The Town of Avon Municipal Code currently does not allow this type of facility and this type of business is largely untested in the State of Colorado. However, consideration should be paid to this type of business should Council wish to proceed with steps to approve recreational marijuana since it could provide a legal establishment to consume marijuana with minimal impact to the community. 6.2 Amendment 64: Amendment 64 does not expressly authorize or prohibit “Marijuana Clubs”. Rather, Amendment 64 does prohibit “consuming marijuana in public”. Colorado Constitution, Article XVIII, Section 16. (3)(d) states that persons 21 years or older may consume marijuana, “provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.” The concept of a Marijuana Club is that a club which only permits members is “private” and not “public”. At this time, Club Ned in Nederland is only one known Marijuana Club in Colorado. Amendment 64 does not permit consumption of marijuana where sold for retail, therefore, the sale of marijuana is not permitted a Marijuana Club. 6.3 Rationale or Demand: Please see March 14, 2014 article in the Daily Camera regarding Club Ned (Page 6.3). This article states the basic rationale for permitting marijuana clubs. 6.4 Clean Indoor Air Act: The Clean Air Act as adopted by the State of Colorado prohibits indoor smoking except for “A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;” C.R.S. 25-14-205(1)(h). Avon’s current indoor smoking regulations permit indoor smoking at “Private Clubs” that have no employees. “Private Club” is defined as an organization operated not for pecuniary gain and does not include establishments open to the members of the general public for a nominal fee and which is structured for on-going membership rather than incidental memberships. Licensing Regulations: Marijuana Clubs were not addressed in Amendment 64. Currently there are no state regulations concerning licensing requirements for Marijuana Clubs, such as hours of operation, distance from schools, required food service, revocation, suspensions and annual renewals, and mandatory indoor air controls. Presumably, municipalities have wide discretion to establish procedures and minimum requirements for licensing of Marijuana Clubs. 6.5 Liquor License: Presumably, local municipalities can permit or prohibit liquor licenses for marijuana clubs under (1) local liquor license authority, (2) general zoning authority and (3) local police powers to regulate clubs in general. 6.6 Revenues: Marijuana sales are not permitted at marijuana clubs, therefore revenues should be similar to a restaurant and bar establishments if food and/or alcohol is sold, alcohol is not to be sold separately. Page |6. 2 6.7 Zoning: Municipalities have broad police power discretion to define different uses and establish zone districts where such uses are permitted, permitted by special review, or prohibited. The only known example of specific zoning to permit a marijuana club is in Nederland, Colorado. The Town of Nederland’s definition of “Club and Club, For Profit” as well as the relevant use table excerpts is included below: Nederland allows Club, For Profit in the Neighborhood Commercial, Central Business District and General Commercial area as a Use Permitted by Special Review, and does not allow Club, For Profit in any other zone district. Nederland’s zoning regulations do not include any specific regulations or review criteria in its Special Review process for Marijuana Clubs. Club means any nonprofit membership organization, including a lodge catering exclusively to members, and whose facilities are limited to meeting, eating and recreational uses and whose activities are not conducted principally for monetary gain. Club, for profit means any establishment catering exclusively to members and whose facilities are used for meeting, eating and recreational uses and whose activities are conducted principally for monetary gain. Activities on the premises may include the consumption of legal drugs and alcohol, provided that all licenses, permits and other approvals necessary for such consumption at the particular location to be lawful are obtained and maintained and that all other laws, rules and regulations applicable to such consumption at the particular location are met. "N" = use groups prohibited "R" = use groups permitted by special review "Y" = use groups permitted outright USE GROUPS DISTRICTS F MR LDR MDR NC CBD GC I P 7 Commercial Use Groups Club N N R Y Y N N Club, for profit N N R R R N N Page |6. 3 Page |6. 4 Page |7. 1 SECTION 7 MARIJUANA LICENSING AUTHORITY, TAXES & FEES IMPOSITION & COLLECTION 7.1 Summary of Findings: 7.1.1 Marijuana Licensing Authority (MLA) In many jurisdictions, the Liquor Licensing Authority serves as the MLA for purposes of licensing, oversight, complaints, enforcement, etc. in a manner similar to the licensing of liquor establishments. In other municipalities, the MLA has included the Town Council, Town Clerk or the Town Manager or Designee. 7.1.2 State Fees State Fees include an application fee, licensing fees for each type of business and annual renewal fees. Application Fee Retail License Fee Cultivation License Fee Product Manufacturing License Fee Testing Facility License Fee State of Colorado Fees $500.00 $3,750.00 $2,750.00 $2,750.00 $2,500.00 Renewal Fees $3,750.00 $2,750.00 $2,750.00 $2,750.00 7.1.3 Local Fees Each jurisdiction may set application, license, transaction and renewal fees without limit. Local application fees are set by the municipality and have no restrictions or caps. The sampling of communities shows that none currently charge application fees or transaction fees.. Aspen Breckenridge Frisco Steamboat Eagle Eagle County Application Fee varies Retail License varies $2,062.50 $3,000.00 $9,650.00 $150.00 $2,000.00 Cultivation License varies $2,062.50 $3,000.00 $9,650.00 $150.00 $2,000.00 Products Manufacturing varies $2,062.50 $3,000.00 $9,650.00 $150.00 $2,000.00 Testing Facility varies N/A N/A $9,650.00 N/A $2,000.00 Renewal Fee $1,031.25 $9,650.00 $150.00 $1,500.00 Page |7. 2 7.1.4 Taxes – Taxes on the retail sale of marijuana include: Current State Taxes on Recreational Marijuana: 15% State Excise Tax on Cultivated Marijuana (earmarked for school capitol construction) 10% Special State Sales Tax (over and above the state’s 2.9% sales tax) 15% State Share Back to Local Jurisdictions (not earmarked) Town of Avon Local Tax Options: Local Sales Tax – 4% imposed on any retail sale Local Excise Tax – requires vote – can be any rate Local Transaction Fee – action by Council – requires nexus to actual costs 7.2 Excise Tax / Transaction Fee Considerations • An excise tax is an indirect tax on goods produced for sales for specific activities. It is an indirect tax because the producer or seller typically passes the increase in cost along to the buyer. Excises are normally imposed in addition to other taxes such as sales taxes. An excise tax can be a per unit tax or levied similar to a sales tax proportional to the price of the goods. Excise taxes are often earmarked for redress of specific social costs commonly associated with the product being taxed (e.g., alcohol and tobacco). • The Town of Avon could levy an excise tax on the sale of marijuana upon voter approval. It should be noted that that the Town is at a competitive disadvantage regarding retail sales compared to its unincorporated neighbors to the east and west. Eagle County has already approved retail marijuana sales and does not currently levy an excise tax. Therefore, any Avon excise tax (approved by an election) in addition to the Town’s current 4% retail sales tax could potentially be a disincentive to these businesses locating in Avon due to the already extremely high level of taxes being levied. • A transaction fee may be imposed on each sale. The difference between an excise tax and a transaction fee would be that the transaction would not be a voter-approved fee. However, due to the restrictions of TABOR, in order for a transaction fee to not be considered a tax it has to have nexus to a cost being incurred by the Town and being recompensed. A good example of a typical fee in the case of the Town are our Liquor Licensing Fees, which reimburse the cost to the Town for staff time spent in administrating the liquor licensing process for local businesses. 7.3 Banking & Payment of Taxes The following information was gathered based upon discussions with Finance personnel from other jurisdictions: • For January, the range of gross sales per establishment in resort towns ranges from $75,000-$250,000 per establishment. Total all-in sales tax rates, depending on whether or not the Town would pass an excise tax on retail sales, would range from 18.4% and above. Page |7. 3 The current Town retail sales tax of 4% would apply to all retail sales of marijuana. • In addition to retail sales taxes and/or excise taxes, municipalities also receive from the State a 15% share of the State’s 10% excise tax on retail sales within their jurisdiction. If the Town does not allow retail establishments in the Town there is no State sharing. There is no sharing of the State’s 15% excise tax on wholesale distribution. The Town of Avon would also receive a 15% share of the County’s 1% retail sales tax on sales within the Town. • It appears that some local community banks are allowing checking accounts to be established by marijuana dispensaries. It is not known whether the companies are open about the nature of the business or not. It appears that the payment of taxes runs the gamut of cash, money orders or checks. Depending on the amount of cash collected, it may be possible to meet at the Town’s depository bank to receive and count cash being remitted. This possibility is currently being investigated by the Town’s depository bank. Also, if being paid in either cash or by money order, the Town’s online filing system may not be a viable option for these types of businesses and they will have to file their returns manually. • If the Town only allows one or two dispensaries, financial information will not be available to be disclose. This also may create an issue with the earmarking of funds. 7.4 Use of Funds Because of the confidentiality of sales tax information and the potential for only a very small number of establishments, the publication of information regarding the financial results of these businesses may be very limited. Based on this expectation, it would be also difficult to report earmarked funds received from the taxation of these businesses. Staff’s recommendation would be to account for any taxes received from marijuana establishments as General Fund revenues. Appropriations to cover such items as public education, etc. should be established at appropriate levels regardless of whether the Town allows such establishments. 7.5 Recreational Marijuana Sales Information from Surrounding Communities Recreational Marijuana has only been available for sale since January 2014. The Towns of Breckenridge and Telluride have provided the following information. Town No. of Stores Gross Sales - January Breckenridge 3 760,667.00 Telluride 3 414,533.00 Page |7. 4 7.6 Council Consideration for Setting Fees and Taxes: Should Council decide to move forward with any or all of the recreational marijuana uses prescribed in Amendment 64, Council should consider that the imposition of a voter approved excise tax would be a disincentive for a business to locate in Avon due to Avon’s current 4% sales tax. A transaction fee must have a nexus to a cost being incurred by the Town, although it could be considered. Council might consider the imposition of high application, licensing and renewal fees in an effort to attract or detract business. Steamboat Springs is an example of “higher range” fees. Likewise, Avon may set these fees at any level. Page |8. 1 SECTION 8 EDUCATIONAL PROGRAM Whether Council approves or denies – Council consideration of an educational program for the community. 8.1 Educational Outreach Program A Marijuana Educational Outreach Program would require resources from the town as well as the police department. The State of Colorado has provided complete materials for educational outreach. A recent article, included on Page 5.3 discusses the State of Colorado’s educational resources and outreach. A sample of material is included in this section, page 5.4 for your review. Anticipated resources from the Town would include - Training for a police officer - A website - Educational materials Costs associated with an educational outreach program have not been determined. 8.2 Marijuana: Facts Parents Need to Know – Appendix E – Page 1 8.3 Additional Information on education outreach – State of Colorado By/Bruce Kennedy/MoneyWatch/March 24, 2014, 7:52 AM Colorado seeks to educate public about marijuana Colorado is trying to stay ahead of the curve as the state's landmark legalization of both recreational and medical marijuana heads into its fourth month by making cannabis information available to the public, while also launching a new ad campaign warning the public against driving while high. Colorado last week unveiled a new website, colorado.gov/marijuana, meant to answer frequently asked questions about legalized cannabis, including its health impacts. The site reportedly incorporates the latest information and resources from Colorado's state departments of revenue, education, transportation, human services and environment. "State agencies worked together to develop this website as a reliable resource for parents, consumers, tourists and others who want the facts about marijuana's health effects and the laws in Colorado," Dr. Larry Wolk, executive director and chief medical officer at the Colorado department of public health and environment, said a statement. Wolk says his group has requested $3.7 million this year from Colorado's general assembly to keep the website as up-to-date as possible with the latest research and educational materials. Page |8. 2 As it seeks to educate the public about marijuana, Colorado also began a $500,000 advertising campaign earlier this month warning cannabis consumers not to drive while under the influence. Four Denver-based agencies reportedly handled the campaign, part of which is aimed at Colorado's Latino population. "Colorado has recently legalized the use of marijuana," says an online statement from the Amelie Company, which came up with the creative side of the ad campaign, "meaning a lot of people are now allowed to follow through with their daily routines under the effect of it." The company decided to use humor to educate the public via the state's "Drive High, Get a DUI" campaign, which features three television ads. In one spot, a stoned, would-be home barbecue chef keeps trying to turn on his gas grill, oblivious to the fact that his grill doesn't have a gas tank. "Grilling high is now legal," the ad says towards the end. "Driving to get the propane you forgot isn't." While medical marijuana is legal in 20 states and the District of Columbia, Colorado and Washington on January 1 became the first states to legalize the sale of marijuana for recreational use to adults. Cannabis remains illegal under federal law, and most broadcasters in both Washington state and Colorado are citing federal broadcasting regulations and staying away from airing ads for marijuana dispensaries, according to Ad Age. But Ad Age reports that advertising online is legal for age- appropriate audiences. © 2014 CBS Interactive Inc. All Rights Reserved. Page |8. 3 SECTION 9 PUBLIC COMMENT Introduction This section includes letters received since August 27, 2013, the date of Council’s action establishing the temporary moratorium. In opposition to retail marijuana sales in Avon: Jerri and David Hoffmann – Hoffmann Real Estate James Deighan – Highline Productions Mike Brumbaugh - Avon Venture Sports Jorge Umana – Meridian Intermountain Press Release A press release was sent out in advance of the meeting soliciting feedback via email and announcing the time and date of the Council meeting on Amendment 64. From: Jerri Hoffmann Sent: Monday, April 14, 2014 4:13 PM Subject: Recreational Marijuana in Avon? Dear Susan: Thank you for bringing this matter to our attention. We would like to go on record as being vehemently opposed to bringing marijuana to our family oriented community in any of it's forms...recreational use, testing, cultivation or manufacturing. This will significantly alter the nature of what we represent and the complexion of what we are about in Avon. No one can dispute this...it is a fact. We live in a hard working, family focused, health driven place and marijuana absolutely does not fit into this picture. It is noteworthy that our most recent tenant, P Furniture and Design, came to us from Eagle Vail because a marijuana growth facility went in next door to their E-V space. They are not alone. We have had similar discussions with other existing and potential tenants...they will not lease space next to or near pot pushers of any kind and will flee Avon for other communities that don't. This, too, is a fact. Town Council has an opportunity to have a backbone and do the right thing. How about promoting Avon as the hard charging, energetic, ambitious, forward thinking, clear minded, nature loving place to live and raise a family that we have come to know and care about? These are the real people of Avon, Colorado. Our family has made a significant investment in this community with them as the foundation. We have taken a stand and challenge Town Council to do the same. "Clear eyes, full heart, can't lose!" Sincerely, Jerri and Dave Hoffmann From: James Deighan [mailto:jdeighan@gohighline.com] Sent: Monday, April 14, 2014 4:48 PM Subject: Recreational Marijuana in Avon? Ditto. On Mon, Apr 14, 2014 at 4:13 PM, Jerri Hoffmann wrote: Dear Susan: Thank you for bringing this matter to our attention. We would like to go on record as being vehemently opposed to bringing marijuana to our family oriented community in any of it's forms...recreational use, testing, cultivation or manufacturing. This will significantly alter the nature of what we represent and the complexion of what we are about in Avon. No one can dispute this...it is a fact. We live in a hard working, family focused, health driven place and marijuana absolutely does not fit into this picture. It is noteworthy that our most recent tenant, P Furniture and Design, came to us from Eagle Vail because a marijuana growth facility went in next door to their E-V space. They are not alone. We have had similar discussions with other existing and potential tenants...they will not lease space next to or near pot pushers of any kind and will flee Avon for other communities that don't. This, too, is a fact. Town Council has an opportunity to have a backbone and do the right thing. How about promoting Avon as the hard charging, energetic, ambitious, forward thinking, clear minded, nature loving place to live and raise a family that we have come to know and care about? These are the real people of Avon, Colorado. Our family has made a significant investment in this community with them as the foundation. We have taken a stand and challenge Town Council to do the same. "Clear eyes, full heart, can't lose!" Sincerely, Jerri and Dave Hoffmann From: mike brumbaugh [mailto:mike@avonventuresports.com] Sent: Monday, April 14, 2014 5:04 PM To: Jerri Hoffmann Subject: Recreational Marijuana in Avon? 100% agree. I have had a ski and bike shop in Avon for 23 years. While marijuana use is very prevalent in both of these industries, I do not feel it in any way represents what Avon in general stands for, or myself personally. Thank you, Jerri, for so stating things so articulately. Mike Brumbaugh Venture Sports Cell 970-390-4317 Avon 970-949-1318 On Apr 14, 2014, at 12:13 PM, Jerri Hoffmann wrote: Dear Susan: Thank you for bringing this matter to our attention. We would like to go on record as being vehemently opposed to bringing marijuana to our family oriented community in any of it's forms...recreational use, testing, cultivation or manufacturing. This will significantly alter the nature of what we represent and the complexion of what we are about in Avon. No one can dispute this...it is a fact. We live in a hard working, family focused, health driven place and marijuana absolutely does not fit into this picture. It is noteworthy that our most recent tenant, P Furniture and Design, came to us from Eagle Vail because a marijuana growth facility went in next door to their E-V space. They are not alone. We have had similar discussions with other existing and potential tenants...they will not lease space next to or near pot pushers of any kind and will flee Avon for other communities that don't. This, too, is a fact. Town Council has an opportunity to have a backbone and do the right thing. How about promoting Avon as the hard charging, energetic, ambitious, forward thinking, clear minded, nature loving place to live and raise a family that we have come to know and care about? These are the real people of Avon, Colorado. Our family has made a significant investment in this community with them as the foundation. We have taken a stand and challenge Town Council to do the same. "Clear eyes, full heart, can't lose!" Sincerely, Jerri and Dave Hoffmann From: Jorge@meridianintermountain.com Sent: Tuesday, April 15, 2014 10:29 AM To: Jerri Hoffmann Subject: Recreational Marijuana in Avon? I am agree with Jerry too. We can accomplish everything we want in a healthy way. " Do not do everything for money and do not do things because everyone does it" Page |10. 1 SECTION 10 COLORADO TOWNS AND CITIES ALLOWING, MORATORIUMS/TEMPORARY BANS AND BANNING RECREATIONAL MARIJUANA STORES 10.1 The breakdown of cities and towns in Colorado allowing, temporarily banning or banning retail marijuana is summarized in the following chart. A majority of cities/towns in Colorado have banned recreational marijuana. The complete city/town listing can be found in Appendix C. Number of Cities/Towns Percentage Allowing Recreational Stores 37 32% Temp. Moratorium/Ban 13 11% Banned 66 57% State of Colorado Aspen (Pitkin Cty)Breckenridge Frisco Steamboat Eagle Eagle County Permitted Recreation Marijuana Facilities: Retail StoreYesYesYesYesYesYesYes Cultivation FacilityYesYesYes Yes* In Licensed Retail Location Only YesYesYes Products ManufacturingYesYesYes Yes* In Licensed Retail Location Only YesYesYes Testing FacilityYesYesNoNoYesNoYes Private Clubsn/aNoNoNoNoNoNo Concurrent Retail and Medical? YesYesYesYesYes Licensing: State License Required?YesYesYesYesYesYesYes Local License Required?NoYesYesYesYesYesYes Licensing AuthorityDept. of RevenueCity Clerk Town Manager or Appointee Town ClerkCity ClerkBoard Trustees BOCC>P.Dir. Public Hearing?‐No ‐‐ Yes ‐ for retail storeYesNo Building Department Inspection ‐YesYesYesYesYes Background Check Required? NoYesYesYesYes Licensing Fee ‐ $5,000 max. per Amendment 64. Note that fees are due at time of application: Application Fee$500 Retail Store$3,750.00 varies$2,062.50$3,000.00 $9,650 $150 $2,000.00 Cultivation Facility $2,750.00varies$2,062.50$3,000.00 9650150$2,000.00 Products Manufacturing$2,750.00varies$2,062.50$3,000.00 9650150$2,000.00 Testing Facility$2,500.00variesNANA9650$2,000.00 Annual Renewal Fee$3750 & $2750$1,031.25 ‐$9,650 $150 $1,500.00 Term of License1 Year n/a 1 Year Expires W/ State Lic.1 year1 year1 year State Issued Warehouse Storage Permits Allowed?Yesn/aYes ‐ Permitted Locations: Land Use DistrictsNot DefinedComm 5,9,11,19,20, or 31 ‐Com, IndCommercialComm, Ind Zone DistrictsNot Definedany retail ‐Retail Uses by right or w/criteriaCG, IComm, Ind Location Restrictions: Setback (ft) from licensed child care facilityNot Definedn/a50050010001000200 Setback (ft) from educational institution (Pub. or Private)Not Definedn/a50050010001000500 Setback (ft) from any halfway house or correctional facilityNot Definedn/a500500n/an/a200 Setback from Residential UseNot Definedn/a Not Adjacent, Except in MU 100 Not adjacent100 200 Setback from a Public Park, Recreation Center, or Publicly Owned BuildingNot Definedn/aNANA1000n/a200 Retail Marijuana Local Jurisdictional Comparison ‐ Appendix A State of Colorado Aspen (Pitkin Cty)Breckenridge Frisco Steamboat Eagle Eagle County Retail Marijuana Local Jurisdictional Comparison ‐ Appendix A Setback from Another Retail Marijuana EstablishmentNot Definedn/aNA500 1,000n/a n/a Permitted in a Building with a Residential Use?Not DefinedYesNoNoNono200 Exclusion from Downtown or Core AreaNot DefinedNo Yes* After Jan. 2015‐ Medical YesNoyesn/a Exclusion from Residential Zoning DistrictsNot DefinedYesYesYesYes100200 Exclusion from a building having Rooms for BoardingNot Definedn/aNot DefinedYesn/an/an/a Exclusion from a building have a Pediatrician's OfficeNot Definedn/aNot DefinedYesNon/an/a Home Occupation?‐n/aNo ‐Non/aNo Maximum Store Size Limitation? (SF)NoneNo ‐‐Non/aNo How Distances are Measured?Not Defined PL to Building of Lic.‐ Ped. Access PL to Building of Lic.‐Direct Line PL to building of facility closest part of building w/use Business Operation: Hours of Operation8 A.M. to 12 A.M. 8 A.M. to 10 P.M. 8 A.M. to 10 P.M.8 A.M. to 7 P.M. 11am ‐ 7pm9am ‐ 7pm Days of Operation per Week777777 Signage: Restrictions on the Display of the word "Marijuana"?No*NoYes ‐YesvariesYes Restrictions on the Display of an image of any part of a Plant?No*NoYes ‐YesvariesYes Ea g l e C o u n t y , C o l o r a d o G o v m n t , G I S D e p t P : \ T o w n s \ T o w n _ o f _ A v o n \ M a r i j u a n a _ M a p p i n g _ 0 4 0 7 1 4 \ M a r i j u a n a M a p p i n g . m x d D a t e : 4 / 1 5 / 2 0 1 4 1 0 : 05 : 2 8 A M N a m e : a s z c z e s n y Zoning and Buffer Analysis for Marijuana Businesses This map was created by the Eagle County GIS Department. Use of this map should be for general purpose only. Eagle County does not warrant the accuracy of the data contained herein. 0 2,000 4,000 Feet 1 inch = 2,000 feet Potential locations that permit retail sale cond-use Zoning PUD / These areas would require zoning amendment Parcel Boundary 1,000 ft Buffer from School and Public Park Parcels (no marijuana facilities in accordance with federal regulations in these buffers) Cities Allowing Recreational Stores: • Aspen • Aurora • Basalt • Black Hawk • Boulder • Breckenridge • Carbondale • Crested Butte • Debeque • Denver • Durango • Eagle • Edgewater • Fort Collins • Frisco • Garden City • Georgetown • Glendale • Glenwood Springs • Idaho Springs • Lafayette • Leadville • Log Lane Village • Louisville • Manitou Springs • Nederland • Northglenn • Oak Creek • Pueblo • Red Cliff • Ridgway • Salida • Silverthorne • Silverton • Steamboat Springs • Telluride • Wheat Ridge Cities with Moratorium / Temp Ban: • Avon • Basalt • Crestone • Dillon • Erie • Federal Heights • Lakewood • Littleton • Lyons • Norwood • Palisade • Snowmass • Vail Cities Banning Recreational Stores: • Arvada • Alamosa • Bayfield • Bennett • Berthoud • Blanca • Brighton • Broomfield • Buena Vista • Burlington • Calhan • Castle Rock • Centennial • Cherry Hills Village • Cokedale • Colorado Springs • Craig • Crawford • Dacono • Del Norte • Dinosaur • Englewood • Estes Park • Evans • Fairplay • Firestone • Fountain • Foxfield • Frederick • Fruita • Fort Morgan • Greeley • Green Mountain Falls • Greenwood Village • Gunnison • Gypsum • Haxtun • Hayden • Holyoke • Hudson • Johnstown • Julesburg • La Junta • Larkspur • Limon • Lone Tree • Longmont • Mead • Minturn • Montrose • Monument • Nucla • Palmer Lake • Parker • Poncha Springs • Severance • Silver Cliff • Sterling • Superior • Thornton • Victor • Westcliffe • Westminster • Williamsburg • Windsor • Woodland Park Information contained here is meant to give a representative sample of communities allowing, moratorium/temporary moratorium or allowing retail marijuana. Information has not been checked for accuracy. Source: coloradopotguide.com Appendix C Page | 1 Appendix D APPENDIX D HEALTH REPORTS – SCIENTIFIC FINDINGS Health Effects - Brain Development National Institute on Drug Abuse. Drug Facts: Marijuana http://www.drugabuse.gov/publications/drugfacts/marijuana Bethesda, MD. NIDA, NIH, DHHS. Revised December 2013. Retrieved November 2013. How Does Marijuana Affect the Brain? When marijuana is smoked, THC rapidly passes from the lungs into the bloodstream, which carries the chemical to the brain and other organs throughout the body. It is absorbed more slowly when ingested in food or drink. However it is ingested, THC acts on specific molecular targets on brain cells, called cannabinoid receptors. These receptors are ordinarily activated by chemicals similar to THC that naturally occur in the body (such as anandamide; see picture, above) and are part of a neural communication network called the endocannabinoid system. This system plays an important role in normal brain development and function. The highest density of cannabinoid receptors is found in parts of the brain that influence pleasure, memory, thinking, concentration, sensory and time perception, and coordinated movement. Marijuana over activates the endocannabinoid system, causing the “high” and other effects that users experience. These effects include altered perceptions and mood, impaired coordination, difficulty with thinking and problem solving, and disrupted learning and memory. Marijuana also affects brain development, and when it is used heavily by young people, its effects on thinking and memory may last a long time or even be permanent. A recent study of marijuana users who began using in adolescence revealed substantially reduced connectivity among brain areas responsible for learning and memory. And a large long-term study in New Zealand showed that people who began smoking marijuana heavily in their teens lost an average of 8 points in IQ between age 13 and age 38. Importantly, the lost cognitive abilities were not fully restored in those who quit smoking marijuana as adults. Those who started smoking marijuana in adulthood did not show significant IQ declines. What Are the Other Health Effects of Marijuana? Marijuana use may have a wide range of effects, particularly on cardiopulmonary and mental health. Marijuana smoke is an irritant to the lungs, and frequent marijuana smokers can have many of the same respiratory problems experienced by tobacco smokers, such as daily cough and phlegm production, more frequent acute chest illness, and a heightened risk of lung infections. One study found that people who smoke marijuana frequently but do not smoke tobacco have more health problems and miss more days of work than those who don’t smoke marijuana, mainly because of respiratory illnesses. It is not yet known whether marijuana smoking contributes to risk for lung cancer. Is Marijuana Medicine? Page | 2 Appendix D Many have called for the legalization of marijuana to treat conditions including pain and nausea caused by HIV/AIDS, cancer, and other conditions, but clinical evidence has not shown that the therapeutic benefits of the marijuana plant outweigh its health risks. To be considered a legitimate medicine by the FDA, a substance must have well-defined and measurable ingredients that are consistent from one unit (such as a pill or injection) to the next. As the marijuana plant contains hundreds of chemical compounds that may have different effects and that vary from plant to plant, and because the plant is typically ingested via smoking, its use as a medicine is difficult to evaluate. However, THC-based drugs to treat pain and nausea are already FDA approved and prescribed, and scientists continue to investigate the medicinal properties of other chemicals found in the cannabis plant—such as cannabidiol, a non-psychoactive cannabinoid compound that is being studied for its effects at treating pain, pediatric epilepsy, and other disorders. For more information, see DrugFacts - Is Marijuana Medicine? Marijuana also raises heart rate by 20-100 percent shortly after smoking; this effect can last up to 3 hours. In one study, it was estimated that marijuana users have a 4.8-fold increase in the risk of heart attack in the first hour after smoking the drug. This risk may be greater in older individuals or in those with cardiac vulnerabilities. A number of studies have linked chronic marijuana use and mental illness. High doses of marijuana can produce a temporary psychotic reaction (involving hallucinations and paranoia) in some users, and using marijuana can worsen the course of illness in patients with schizophrenia. A series of large studies following users across time also showed a link between marijuana use and later development of psychosis. This relationship was influenced by genetic variables as well as the amount of drug used, drug potency, and the age at which it was first taken—those who start young are at increased risk for later problems. Associations have also been found between marijuana use and other mental health problems, such as depression, anxiety, suicidal thoughts among adolescents, and personality disturbances, including a lack of motivation to engage in typically rewarding activities. More research is still needed to confirm and better understand these linkages. Marijuana use during pregnancy is associated with increased risk of neurobehavioral problems in babies. Because THC and other compounds in marijuana mimic the body’s own endocannabinoid chemicals, marijuana use by pregnant mothers may alter the developing endocannabinoid system in the brain of the fetus. Consequences for the child may include problems with attention, memory, and problem solving. Additionally, because it seriously impairs judgment and motor coordination, marijuana contributes to risk of injury or death while driving a car. A recent analysis of data from several studies found that marijuana use more than doubles a driver’s risk of being in an accident. The combination of marijuana and alcohol is worse than either substance alone with respect to driving impairment Rising Potency The amount of THC in marijuana samples confiscated by police has been increasing steadily over the past few decades. In 2012, THC concentrations in marijuana averaged close to 15 percent, compared to around 4 percent in the 1980s. For a new user, this may mean exposure to higher concentrations of THC, with a greater chance of an adverse or unpredictable reaction. Increases in potency may account for the rise in emergency department visits involving marijuana use. For frequent users, it may mean a greater risk for addiction if they are exposing themselves to high doses on a regular basis. However, the full range of consequences associated Page | 3 Appendix D with marijuana's higher potency is not well understood. For example, experienced users may adjust their intake in accordance with the potency or they may be exposing their brains to higher levels overall, or both. Is Marijuana Addictive? Contrary to common belief, marijuana is addictive. Estimates from research suggest that about 9 percent of users become addicted to marijuana; this number increases among those who start young (to about 17 percent, or 1 in 6) and among people who use marijuana daily (to 25-50 percent). Long-term marijuana users trying to quit report withdrawal symptoms including irritability, sleeplessness, decreased appetite, anxiety, and drug craving, all of which can make it difficult to abstain. Behavioral interventions, including cognitive-behavioral therapy and motivational incentives (i.e., providing vouchers for goods or services to patients who remain abstinent) have proven to be effective in treating marijuana addiction. Although no medications are currently available, recent discoveries about the workings of the endocannabinoid system offer promise for the development of medications to ease withdrawal, block the intoxicating effects of marijuana, and prevent relapse. Page | 4 Appendix D Northwestern University. Marijuana Users Have Abnormal Brain Structure and Poor Memory http://www.northwestern.edu/newscenter/stories/2013/12/marijuana-users-have-abnormal-brain-structure-- poor-memory.html Drug abuse appears to foster brain changes that resemble schizophrenia •The younger drug abuse starts, the more abnormal the brain CHICAGO --- Teens who were heavy marijuana users -- smoking it daily for about three years -- had abnormal changes in their brain structures related to working memory and performed poorly on memory tasks, reports a new Northwestern Medicine® study. A poor working memory predicts poor academic performance and everyday functioning. The brain abnormalities and memory problems were observed during the individuals’ early twenties, two years after they stopped smoking marijuana, which could indicate the long-term effects of chronic use. Memory- related structures in their brains appeared to shrink and collapse inward, possibly reflecting a decrease in neurons. The study also shows the marijuana-related brain abnormalities are correlated with a poor working memory performance and look similar to schizophrenia-related brain abnormalities. Over the past decade, Northwestern scientists, along with scientists at other institutions, have shown that changes in brain structure may lead to changes in the way the brain functions. This is the first study to target key brain regions in the deep subcortical gray matter of chronic marijuana users with structural MRI and to correlate abnormalities in these regions with an impaired working memory. Working memory is the ability to remember and process information in the moment and -- if needed -- transfer it to long- term memory. Previous studies have evaluated the effects of marijuana on the cortex, and few have directly compared chronic marijuana use in otherwise healthy individuals and individuals with schizophrenia. The younger the individuals were when they started chronically using marijuana, the more abnormally their brain regions were shaped, the study reports. The findings suggest that these regions related to memory may be more susceptible to the effects of the drug if abuse starts at an earlier age. “The study links the chronic use of marijuana to these concerning brain abnormalities that appear to last for at least a few years after people stop using it,” said lead study author Matthew Smith, an assistant research professor in psychiatry and behavioral sciences at Northwestern University Feinberg School of Medicine. “With the movement to decriminalize marijuana, we need more research to understand its effect on the brain.” The paper was published Dec. 16 in the journal Schizophrenia Bulletin. In the U.S., marijuana is the most commonly used illicit drug and young adults have the highest -- and growing -- prevalence of use. Decriminalization of the drug may lead to greater use. Because the study results examined one point in time, a longitudinal study is needed to definitively show if marijuana is responsible for the brain changes and memory impairment. It is possible that the abnormal brain structures reveal a pre-existing vulnerability to marijuana abuse. But evidence that the younger a subject started using the drug the greater his brain abnormality indicates marijuana may be the cause, Smith said. Page | 5 Appendix D The groups in the study started using marijuana daily between 16 to 17 years of age for about three years. At the time of the study, they had been marijuana free for about two years. A total of 97 subjects participated, including matched groups of healthy controls, subjects with a marijuana use disorder, schizophrenia subjects with no history of substance use disorders, and schizophrenia subjects with a marijuana use disorder. The subjects who used marijuana did not abuse any other drugs. Few studies have examined marijuana’s effect on the deep regions in the brain -- the ‘subcortical gray matter’ below the noodle-shaped cortex. The study also is unique in that it looked at the shapes of the striatum, globus pallidus and thalamus, structures in the subcortex that are critical for motivation and working memory. The Marijuana and Schizophrenia Connection Chronic use of marijuana may contribute to changes in brain structure that are associated with having schizophrenia, the Northwestern research shows. Of the 15 marijuana smokers who had schizophrenia in the study, 90 percent started heavily using the drug before they developed the mental disorder. Marijuana abuse has been linked to developing schizophrenia in prior research. “The abuse of popular street drugs, such as marijuana, may have dangerous implications for young people who are developing or have developed mental disorders,” said co-senior study author John Csernansky, M.D., chair of psychiatry and behavioral sciences at Northwestern University Feinberg School of Medicine and Northwestern Memorial Hospital. “This paper is among the first to reveal that the use of marijuana may contribute to the changes in brain structure that have been associated with having schizophrenia.” Chronic marijuana use could augment the underlying disease process associated with schizophrenia, Smith noted. “If someone has a family history of schizophrenia, they are increasing their risk of developing schizophrenia if they abuse marijuana,” he said. While chronic marijuana smokers and chronic marijuana smokers with schizophrenia both had brain changes related to the drug, subjects with the mental disorder had greater deterioration in the thalamus. That structure is the communication hub of the brain and is critical for learning, memory and communications between brain regions. The brain regions examined in this study also affect motivation, which is already notably impaired in people with schizophrenia. “A tremendous amount of addiction research has focused on brain regions traditionally connected with reward/aversion function, and thus motivation,” noted co-senior study author Hans Breiter, M.D., professor of psychiatry and behavioral sciences and director of the Warren Wright Adolescent Center at Feinberg and Northwestern Memorial. “This study very nicely extends the set of regions of concern to include those involved with working memory and higher level cognitive functions necessary for how well you organize your life and can work in society.” “If you have schizophrenia and you frequently smoke marijuana, you may be at an increased risk for poor working memory, which predicts your everyday functioning,” Smith said. Page | 6 Appendix D Harvard Health Publications. Understanding Marijuana’s Risks to the Brain http://www.health.harvard.edu/press_releases/understanding-marijuanas-risks-to-the-brain As a treatment for physical ailments, marijuana has been shown to be effective at relieving pain, stimulating the appetite, and controlling cancer-related nausea and vomiting. These uses underlie the movement to legalize marijuana for medical use in the United States. As a treatment for psychiatric disorders, though, the risks of marijuana use exceed the benefits, reports the April 2010 issue of the Harvard Mental Health Letter. Regular use of marijuana can lead to addiction and other mental health problems, especially in people who are genetically vulnerable, notes Dr. Michael Miller, editor in chief of the Harvard Mental Health Letter. Addiction. The concentration of THC (the herb’s psychoactive component) in marijuana has been increasing in recent years. Addiction specialists are concerned that this increased potency might accelerate development of dependence. Anxiety. At low doses, THC can be sedating. At higher doses, it can induce intense anxiety. Although some people find that marijuana calms them down, the most commonly reported side effects of this substance are intense anxiety and panic attacks. Mood disorders. In people with bipolar disease, marijuana can bring on manic episodes and increase rapid cycling between manic and depressive moods. Several studies also suggest that in some people, regular marijuana use may trigger depression. Psychosis. Marijuana intensifies psychotic symptoms and worsens outcomes in people with schizophrenia or other psychotic disorders. The results of several large observational studies also strongly suggest that using marijuana can increase the risk of developing psychosis, particularly in young people. Page | 7 Appendix D Behavioral Issues and Addiction National Institute on Drug Abuse. Marijuana Facts Parents Need to Know http://www.drugabuse.gov/publications/marijuana-facts-parents-need-to-know NIH Pub. No. 07-4036. Bethesda, MD. NIDA, NIH, DHHS. Revised March 2011. Retrieved December 2012. As with most drugs, marijuana use interferes with judgment, which can mean a greater chance of engaging in risky behaviors and experiencing their negative consequences (such as acquiring a sexually transmitted disease, driving while intoxicated, or riding with someone else who is intoxicated and getting into a car crash). In addition to psychosis, regular marijuana use has been associated with several psychological effects, including depression, anxiety, suicidal thoughts, and personality disturbances. One of the effects most frequently reported is an “amotivational syndrome” characterized by a diminished or lost drive to engage in formerly rewarding activities. Whether this syndrome is a disorder unto itself or is a subtype of depression associated with marijuana use remains controversial, and whether marijuana causes it or is a response to it is still not understood. More research is needed to confirm and better understand these linkages. Marijuana use during pregnancy may harm the developing fetus. Research suggests that babies born to women who used marijuana during their pregnancies may have subtle neurological alterations and, later in childhood, can show diminished problem-solving skills, memory, and attention. However, the fact that pregnant women who use marijuana may also smoke cigarettes or drink alcohol makes it difficult to determine exactly how much of these effects are attributable specifically to marijuana. Page | 8 Appendix D American College of Neuropsychopharmacology Parental THC Exposure Leads to Compulsive Heroin-Seeking and Altered Striatal Synaptic Plasticity in the Subsequent Generation. http://www.ncbi.nlm.nih.gov/pubmed/24385132 Recent attention has been focused on the long-term impact of cannabis exposure, or which experimental animal studies have validated causal relationships between neurobiological and behavioral alterations during the individual's lifetime. Here, we show that adolescent exposure to Δ(9)-tetrahydrocannabinol (THC), the main psychoactive component of cannabis, results in behavioral and neurobiological abnormalities in the subsequent generation of rats as a consequence of parental germ line exposure to the drug. Adult F1 offspring that were themselves unexposed to THC displayed increased work effort to self-administer heroin, with enhanced stereotyped behaviors during the period of acute heroin withdrawal. On the molecular level, parental THC exposure was associated with changes in the mRNA expression of cannabinoid, dopamine, and glutamatergic receptor genes in the striatum, a key component of the neuronal circuitry mediating compulsive behaviors and reward sensitivity. Specifically, decreased mRNA and protein levels, as well as NMDA receptor binding were observed in the dorsal striatum of adult offspring as a consequence of germ line THC exposure. Electrophysiologically, plasticity was altered at excitatory synapses of the striatal circuitry that is known to mediate compulsive and goal-directed behaviors. These findings demonstrate that parental history of germ line THC exposure affects the molecular characteristics of the striatum, can impact offspring phenotype, and could possibly confer enhanced risk for psychiatric disorders in the subsequent generation. Neuropsychopharmacology advance online publication, 22 January 2014; doi:10.1038/npp.2013.352. Page | 9 Appendix D General Health Cannabis, Health & Public Policy: http://www.pbs.org/wgbh/pages/frontline/shows/dope/body/policy.html Page 3.13 In the 1990s, cannabis is in the news again as research reveals an upturn in use and governments struggle to develop a policy response that weighs the potential harm of the drug against the potential harm of drug policy itself. Cannabis--sold as marijuana, hashish and hash oil--is the most frequently used illicit drug in Canada. Roughly one in four Canadian adults report having used cannabis at some time in their lives. And use has been on the rise among young people. For example, a 1997 Addiction Research Foundation (ARF) survey found that 25 percent of Ontario junior high and high school students used cannabis in the previous year, up from 13 percent in 1993. One feature of the renewed interest in cannabis is the frequency with which questions on the subject have been put to political candidates. Their responses--often including admissions of cannabis use--are typically lighthearted, but the humor is perhaps lost on the hundreds of thousands of Canadians with criminal records for cannabis possession. In October, 1995, Canada's House of Commons passed The Controlled Drugs and Substances Act, a law criticized for its continuing harsh approach to cannabis possession. To deal with ongoing concerns about cannabis policy, the basic questions that must be addressed remain the same: What do we know about the health risks associated with cannabis use? What is the most effective and least costly way to minimize these risks? What is the most effective way to minimize potential harms resulting from our drug policy response? Cannabis and Health Some health consequences of cannabis are clearly known, while others--such as the effects of chronic exposure--are less obvious. There is no doubt that heavy cannabis use has negative health consequences. (For detailed documentation of research and reference material, please see Hall et al, 1994, and WHO, in preparation). The most important effects are: Respiratory damage: Marijuana smoke contains higher concentrations of some of the constituents of tar than tobacco smoke. As well, it is hotter when it contacts the lungs and is typically inhaled more deeply and held in the lungs longer than tobacco smoke. Research has shown a link between chronic heavy marijuana use and damage to the respiratory system similar to that caused by tobacco. Long-term marijuana smoking is associated with changes--such as injury to the major bronchi--that leave the lungs open to injury and infection. Frequent, heavy use has been linked with bronchitis (Bloom et al., 1987; Page | 10 Appendix D Tashkin et al., 1988.) There is no established link between marijuana smoking and lung cancer. But case reports of some cancers in young adults with a history of cannabis use are of concern. (Polen et al., 1993). These adverse effects are, of course, related to smoking the drug, and don't occur when cannabis is eaten. Physical co-ordination: Cannabis impairs co-ordination. This brings with it the risk of injury and death through impaired driving or accidents such as falls. North American studies of blood samples from drivers involved in motor vehicle crashes have consistently found that positive results for THC (the mood-altering ingredient in cannabis) are second only to positive results for alcohol. However, blood levels of THC do not demonstrate that a driver was intoxicated at the time of the accident. In addition, many drivers with cannabis in their blood are also intoxicated with alcohol. Experimental studies of driving that show that cannabis use can impair braking time, attention to traffic signals and other driving behaviors. The studies found that subjects appear to realize that they are impaired, and compensate where they can. However, such compensation is not possible when unexpected events occur, or if the task requires continued attention. Pregnancy and childhood development: Cannabis use by women who are pregnant may affect the fetus. As with tobacco smoking, risks such as low birth weight and premature delivery increase with use. The longer-term effects on children whose mothers smoked cannabis while pregnant appear to be subtle. Recent research suggests that exposure to cannabis in the womb can affect the mental development of the child in later years. By age four, for example, offspring of women who used cannabis regularly showed reduced verbal ability and memory. By school age, decreased attentiveness and increased impulsiveness were also found in children whose mothers used cannabis heavily (Day et al, 1994; Fried, 1995). Memory and thinking: The effects of cannabis on memory appear to be variable, and may depend on the test that is used. Overall, the effects seem to be modest. However, it's not yet known whether chronic use would produce serious impairments of memory, particularly is such use occurs during development. Several years ago, studies of adult cannabis users suggested that the drug has little effect on cognitive function. More recent research has demonstrated that long-term use produces deficits in the ability to organize and integrate complex information (Solowij et al., 1995). Psychiatric effects: Cannabis use has been linked to a number of psychiatric effects. The most significant is called cannabis dependence syndrome. A person with this condition will continue to use the drug despite adverse effects on physical, social and emotional health (Anthony and Helzer, 1991). Impairment of the person's behavioral control, combined with effects on thinking and motivation, can adversely affect a person's work or studies. The risk of dependence increases with use. It has been reported that one-third to one-half of those who use cannabis daily for long periods may become dependent. There is clearly a link between cannabis use and schizophrenia, but it is not yet known whether cannabis use triggers schizophrenia, or whether schizophrenia may lead to increased cannabis use (Andreasson et al., 1987; Andreasson et al., 1989). Health professionals have identified a condition of "cannabis psychosis" following heavy use of the drug (Chaundry et al., 1991; Thomas, 1993). The condition disappears within days of abstinence. Page | 11 Appendix D However, this disorder has not been well defined, and it is not clear that it differs from the effects of high doses of the drug. Reference has also been made to an "amotivational syndrome" resulting from extensive cannabis use. While heavy use of cannabis may interfere with motivational, the existence of a syndrome with identifiable symptoms outlasting drug use and withdrawal has not been demonstrated. (This question may have been clouded by studies of effects of cannabis use on educational performance in adolescents, in which individuals most likely to use the drug may have lower motivation to succeed academically.) Hormone, immune and heart function: Research has shown that cannabis can also alter hormone production, and affect both the immune system and heart function. The implications of these findings for human health are unclear at present. Cannabis and other Drugs The link between cannabis and the use of other drugs is also of concern. In particular, people have questioned whether cannabis acts as a "gateway drug" to heroin, cocaine or other drug use. There is a statistical link between the use of cannabis and other drugs. Cannabis users are more likely to use tobacco and alcohol, for example. They are also more likely to try other illicit drugs than those who have never used cannabis. As well, the earlier a person uses cannabis and the more he or she consumes, the greater the likelihood that the person will use other illicit drugs. The reason for this link is less clear. It's likely, however, that the use of cannabis does not in itself lead to the use of other illicit drugs. For example, roughly one in four Canadians have used cannabis, yet only four percent have ever used crack or cocaine. Similarly, just two percent have ever used amphetamines and about half of one percent have ever used heroin (Health Canada, 1995). A more likely explanation is the cannabis use may be one of many social and cultural factors--including family relationships, mental health, peer influences, social attitudes and beliefs--associated with a higher likelihood of the use other substances as well. In other words, the same factors that contribute to cannabis use may lead a smaller number of individuals to go on to other illicit drugs. This may also explain the statistical link between cannabis use and lower academic and professional achievement and other personal and social problems. Cannabis and other street drugs are also linked by the very fact that they are illegal--a dealer who sells cannabis may also offer other drugs. Weighing the Harm of Cannabis Use Many of the negative effects of cannabis are associated with long term heavy use. As mentioned earlier, however, most Canadians who use cannabis do so sporadically and in small amounts. Certainly, the typical pattern of cannabis use is much different from that of cigarette smoking. For most marijuana users, damage to the lungs is therefore likely to be limited. Given the current patterns use, probably the most important health effects of cannabis use are: injury or death resulting from intoxication--for example, from a traffic crash respiratory disorders and ailments linked to heavy use Page | 12 Appendix D dependence on cannabis, arising in a small proportion of users. By any accounting, the impact of health problem linked to cannabis is much less than that resulting from alcohol or tobacco use. Survey data from the US., for example, show that dependence on nicotine among smokers is several times more prevalent than cannabis dependence among marijuana users (Kandel et al., 1997). Moreover, the legal drugs tobacco and alcohol account for the bulk of the economic costs of substance use. For example, a recent Ontario study found that annual health care costs resulting from cannabis use were small ($8 million) when compared to those for tobacco ($1.07 billion ) and alcohol ($442 million). (Xie et al., 1996; Unpublished analysis of economic cost date, ARF, 1997) Page | 13 Appendix D A Fact Sheet on Marijuana – National Institute on Drug Abuse : http://www.pbs.org/wgbh/pages/frontline/shows/dope/body/effects.html MEMORY/PERCEPTION/BEHAVIOR 1. Attention, memory and learning are impaired among heavy marijuana users, even after users discontinued its use for at least 24 hours. Heavy marijuana use is associated with residual neuropsychological effects even after a day of supervised abstinence from the drug. Heavy users displayed significantly greater impairment than light users on attention/executive functions, as evidenced particularly by greater preservations on card sorting and reduced learning of word lists. These differences remained after controlling for potential confounding variables, such as estimated levels of premorbid cognitive functioning, and for use of alcohol and other substances in the two groups. However, the question remains open as to whether this impairment is due to a residue of drug in the brain, a withdrawal effect from the drug, or a frank neurotoxic effect of the drug. ("The Residual Cognitive Effects of Heavy Marijuana Use in College Students," Pope, HG Jr., Yurgelun-Todd, D., Biological Psychiatry Laboratory, McLean Hospital, Belmont, MA, JAMA February 21, 1996.) 2. Impaired memory for recent events, difficulty concentrating, dreamlike states, impaired motor coordination, impaired driving and other psychomotor skills, slowed reaction time, impaired goal-directed mental activity, and altered peripheral vision are common associated effects. (Adams and Martin 1996; Fehr and Kalant 1983; Hollister 1988a; Institute of Medicine 1982; Tart 1971) 3. A roadside study of reckless drivers who were not impaired by alcohol, showed that 45% of these drivers tested positive for marijuana. (Dr. Dan Brookoff, published in the New England Journal of Medicine) 4. Marijuana smoking affects the brain and leads to impaired short-term memory, perception, judgment 5. In a survey of 150 marijuana using students, 59% surveyed report they sometimes forget what a conversation is about before it has ended. 41% report if they read while stoned they remembered less of what they had read hours later. (Dr. Richard Schwartz, Vienna Pediatric Associates in Psychiatric Annals as reported in NIDA Capsules) NEUROBIOLOGICAL EFFECTS 6. Marijuana activates the same pleasure centers in the brain that are targeted by heroin, cocaine and alcohol. (Dr. Gaetano Di Chiara, University of Caligari, Italy) CARDIOVASCULAR EFFECTS 7. Physiological effects of marijuana include an alteration of heart rate. Use of marijuana may result in intense anxiety, panic attacks or paranoia. (National Institute of Drug Abuse) CHRONIC EFFECTS RESPIRATORY SYSTEM EFFECTS 8. The daily use of 1 to 3 marijuana joints appears to produce approximately the same lung damage and potential cancer risk as smoking 5 times as many cigarettes. (UCLA) The study results suggest that the way smokers inhale marijuana, in addition to its chemical composition, increases the adverse physical effects. The Page | 14 Appendix D same lung cancer risks associated with tobacco also apply to marijuana users, even though they smoke far less. (reported in NIDA Capsules) 9. Benzopyrene is the chemical in tobacco that causes lung cancer. An average marijuana cigarette contains nearly 50% more benzopyrene than a tobacco cigarette. An average marijuana cigarette contains 30 nanograms of this carcinogen compared to 21 nanograms in an average tobacco cigarette (Marijuana and Health, National Academy of Sciences, Institute of Medicine Report, 1982) Benzopyrene suppresses a gene that controls growth of cells. When this gene is damaged the body becomes more susceptible to cancer. This gene is related to half of all human cancers and as many as 70% of lung cancers. 10. Marijuana users may have many of the same respiratory problems that tobacco smokers have, such as chronic bronchitis and inflamed sinuses. (Marijuana Facts: Parents Need to Know, National Institute on Drug Abuse ) 11. Marijuana smokers, when compared to non marijuana smokers, have more respiratory illness. (Polen et al. 1993). 12. Marijuana smoke produces airway injury, acute and chronic bronchitis, lung inflammation, and decreased pulmonary defenses against infection. Smoking one marijuana cigarette leads to air deposition of four times as much cancer-causing tar as does tobacco smoke (Dr. D. Tashkin, Western Journal of Medicine) ENDOCRINE SYSTEM EFFECTS 13. Heavy marijuana use can affect hormones in both males and females. Heavy doses of the drugs may delay the onset of puberty in young men. Marijuana also can have adverse effects on sperm production. Among women, regular marijuana use can disrupt the normal monthly menstrual cycle and inhibit the discharge of eggs from the ovaries. (Marijuana Facts: Parents Need to know, National Institute on Drug Abuse) ADVERSE MENTAL EFFECTS 14. An "amotivational syndrome" can develop in heavy, chronic marijuana users. It is characterized by decreased drive and ambition, shortened attention span, poor judgment, high distractibility, impaired communication skills, and diminished effectiveness in interpersonal situations. (National Institute of Drug Abuse) 15. Adults who smoked marijuana daily believed it helped them function better, improved self-awareness and improved relationships with others. However, researchers found that users were more willing to tolerate problems, suggesting that the drug served as a buffer for those who would rather avoid confronting problems than make changes that might increase their satisfaction with life. The study indicated that these subjects used marijuana to avoid dealing with their difficulties and the avoidance inevitably made their problems worse. Although users believed the drug enhanced understanding of themselves, it actually served as a barrier against self-awareness. (case studies by research team from Center for Psychosocial Studies in New York.) IMMUNE SYSTEM EFFECTS 16. Marijuana and some of its compounds influence the immune system and affect the body's ability to resist viruses, bacteria, fungi and protozoa, and decreases the body's anti tumor activities. Marijuana has the potential to alter the backup safeguards of the immune system because it affects diverse types of cells in the body. This could compromise the immune system's ability to screen out cancer cells and eliminate infection. Page | 15 Appendix D (Dr. Guy A. Cabral, Professor, Medical College of Virginia, speaking at NlDA's National Conference on Marijuana Use: Prevention, Treatment and Research.) Limitations of Marijuana Research "Unfortunately, much of what is known about the human pharmacology of smoked marijuana comes from experiments with plant material containing about 2% THC or less, or occasionally up to 4% THC. In addition, human experiments typically are done in laboratory settings where only one or two smoked doses were administered to relatively young, medically screened, healthy male volunteers well experienced with the effects of marijuana. Females rarely participated in past marijuana research because of prohibitions (now removed) against their inclusion. Thus the clinical pharmacology of single or repeated smoked marijuana doses given to older people or to people with serious diseases has hardly been researched at all in a controlled laboratory or clinic setting. Some of the very few reports of experiments that have included older or sicker people, particularly patients less experienced in using marijuana suggest the profile of adverse effects may differ from healthy student volunteers smoking in a laboratory experiment (Hollister, 1986a, 1988a) THC administered alone in its pure form is the most thoroughly research cannabinoid. Much of what has been written has been inferred from the results of experiments using only pure THC. Generally, in experiments actually using marijuana, the assumed dose of marijuana was based only on the concentration of THC in the plant material. The amounts of cannabidiol and other cannabinoids in the plant also vary so that pharmacological interactions modifying the effects THC may occur when marijuana is used instead of pure THC. The result of this research strategy is that a good deal is known about the pharmacology of THC, but experimental confirmation that the pharmacology of a marijuana cigarette is indeed entirely or mainly determined by the amount of THC it contains remains to be completed. The scientific literature contains occasional hints that the pharmacology of pure THC, although similar, is not always the same as the clinical pharmacology of smoked marijuana containing the same amount of THC (Graham 1976, Harvey 1985, Institute of Medicine 1982)" (Report to the Director, National Institutes of Health, by the Ad-Hoc Group of Experts, "Workshop on the Medical Utility of Marijuana.") Page | 16 Appendix D Beneficial Studies/Medical Opinions National Cancer Institute Cannabis and Cannabinoids http://www.cancer.gov/cancertopics/pdq/cam/cannabis/patient/page2 Page 3.19 Have any preclinical (laboratory or animal) studies been conducted using Cannabis or cannabinoids? Preclinical studies of cannabinoids have investigated the following activities: Antitumor activity •Studies in mice and rats have shown that cannabinoids may inhibit tumor growth by causing cell death, blocking cell growth, and blocking the development of blood vessels needed by tumors to grow. Laboratory and animal studies have shown that cannabinoids may be able to kill cancer cells while protecting normal cells. •A study in mice showed that cannabinoids may protect against inflammation of the colon and may have potential in reducing the risk of colon cancer, and possibly in its treatment. •A laboratory study of delta-9-THC in hepatocellular carcinoma (liver cancer) cells showed that it damaged or killed the cancer cells. The same study of delta-9-THC in mouse models of liver cancer showed that it had antitumor effects. Delta-9-THC has been shown to cause these effects by acting on molecules that may also be found in non-small cell lung cancer cells and breast cancer cells. •A laboratory study of cannabidiol in estrogen receptor positive and estrogen receptor negative breast cancer cells showed that it caused cancer cell death while having little effect on normal breast cells. •A laboratory study of cannabidiol in human glioma cells showed that when given along with chemotherapy, cannabidiol may make chemotherapy more effective and increase cancer cell death without harming normal cells. Stimulating appetite •Many animal studies have shown that delta-9-THC and other cannabinoids stimulate appetite and can increase food intake. Pain relief •Cannabinoid receptors (molecules that bind cannabinoids) have been studied in the brain, spinal cord, and nerve endings throughout the body to understand their roles in pain relief. •Cannabinoids have been studied for anti-inflammatory effects that may play a role in pain relief. Have any clinical trials (research studies with people) of Cannabis or cannabinoid use by cancer patients been conducted? No clinical trials of Cannabis as a treatment for cancer in humans have been found in the CAM on PubMed database maintained by the National Institutes of Health. Page | 17 Appendix D Cannabis and cannabinoids have been studied in clinical trials for ways to manage side effects of cancer and cancer therapies, including the following: Nausea and vomiting •Delta-9-THC taken by mouth: Two cannabinoid drugs approved in the United States are available under the names dronabinol and nabilone. Both dronabinol and nabilone are approved by the Food and Drug Administration (FDA) for the treatment of chemotherapy-related nausea and vomiting in patients who have not responded to standard therapy. Many clinical trials have shown that both dronabinol and nabilone worked as well as or better than some of the weaker FDA-approved drugs to relieve nausea and vomiting. Newer drugs given for chemotherapy-related nausea have not been directly compared with Cannabis or cannabinoids in cancer patients. •Inhaled Cannabis: Three small trials have studied inhaled Cannabis for the treatment of chemotherapy-related nausea and vomiting. Various study methods and chemotherapy agents were used with mixed results. There is not enough information to interpret these findings. Stimulating appetite •Delta-9-THC taken by mouth: A clinical trial compared delta-9-THC (dronabinol) and a standard drug (megestrol) in patients with advanced cancer and loss of appetite. Results showed that delta-9-THC was not as effective in increasing appetite or weight gain in advanced cancer patients compared with standard therapy. However, a clinical trial of patients with HIV /AIDS and weight loss found that those who took delta-9-THC had increased appetite and stopped losing weight compared with patients who took a placebo. •Inhaled Cannabis: There are no published studies of the effect of inhaled Cannabis on cancer patients with loss of appetite. Studies of healthy people who inhaled Cannabis showed that they consumed more calories, especially high-fat and sweet snacks. Pain relief •Combining cannabinoids with opioids: In a small study of 21 patients with chronic pain, combining vaporized Cannabis with morphine relieved pain better than morphine alone, while combining vaporized Cannabis with oxycodone did not produce significantly greater pain relief. These findings should be tested in further studies. •Delta-9-THC taken by mouth: Two small clinical trials of oral delta-9-THC showed that it relieved cancer pain. In the first study, patients had good pain relief as well as relief of nausea and vomiting and better appetite. A second study showed that delta-9-THC could be given in doses that gave pain relief comparable to codeine. An observational study of nabilone also showed that it relieved cancer pain along with nausea, anxiety, and distress when compared with no treatment. Neither dronabinol nor nabilone is approved by the FDA for pain management. •Whole Cannabis plant extract medicine: A study of a whole-plant extract of Cannabis that contained specific amounts of cannabinoids, which was sprayed under the tongue, found it was effective in patients with advanced cancer whose pain was not relieved by strong opioids alone. Patients who received the lower doses of cannabinoid spray showed markedly better pain control and less sleep loss compared with patients who received a placebo. Results showed that, for some patients, control of their cancer-related pain continued without needing higher doses of spray or higher doses of their other pain medicines. Page | 18 Appendix D Anxiety and sleep •Inhaled Cannabis: A small case series found that patients who inhaled marijuana had improved mood, improved sense of well-being, and less anxiety. •Whole Cannabis plant extract spray: A trial of a whole-plant extract of Cannabis that contained specific amounts of cannabinoids, which was sprayed under the tongue, found that patients had improved sleep quality. Have any side effects or risks been reported from Cannabis and cannabinoids? Adverse side effects of cannabinoids may include: •Rapid beating of the heart. •Low blood pressure. •Muscle relaxation. •Bloodshot eyes. •Slowed digestion and movement of food by the stomach and intestines. •Dizziness. •Depression. •Hallucinations. •Paranoia. Because Cannabis smoke contains many of the same substances as tobacco smoke, there are concerns about how smoked cannabis affects the lungs. A study of over 5,000 men and women without cancer over a period of 20 years found that smoking tobacco was linked with some loss of lung function but that occasional and low use of cannabis was not linked with loss of lung function. Because use of Cannabis over a long time may have harmful effects on the endocrine and reproductive systems, rates of testicular germ cell tumors (TGCTs) in Cannabis users have been studied. Larger studies that follow patients over time and laboratory studies of cannabinoid receptors in TGCTs are needed to find if there is a link between Cannabis use and a higher risk of TGCTs. Both Cannabis and cannabinoids may be addictive. Symptoms of withdrawal from cannabinoids may include: •Irritability. •Trouble sleeping. •Restlessness. •Hot flashes. Page | 19 Appendix D •Nausea and cramping (rarely occur). These symptoms are mild compared to withdrawal from opiates and usually lessen after a few days. Are Cannabis or cannabinoids approved by the U.S. Food and Drug Administration for use as a cancer treatment in the United States? The U.S. Food and Drug Administration has not approved Cannabis or cannabinoids for use as a cancer treatment. Are Cannabis or cannabinoids approved by the U.S. Food and Drug Administration for use as a treatment for cancer-related symptoms or side effects of cancer therapy? Cannabis is not approved by the U.S. Food and Drug Administration (FDA) for the treatment of any cancer- related symptom or side effect of cancer therapy. Two cannabinoids (dronabinol and nabilone) are approved by the FDA for the treatment of chemotherapy- related nausea and vomiting in patients who have not responded to standard therapy. Page | 20 Appendix D Dr. Sanjay Gupta, CNN Chief Medical Correspondent Why I Changed My Mind On Weed http://www.cnn.com/2013/08/08/health/gupta-changed-mind-marijuana/ (CNN) -- Over the last year, I have been working on a new documentary called "Weed." The title "Weed" may sound cavalier, but the content is not. I traveled around the world to interview medical leaders, experts, growers and patients. I spoke candidly to them, asking tough questions. What I found was stunning. Long before I began this project, I had steadily reviewed the scientific literature on medical marijuana from the United States and thought it was fairly unimpressive. Reading these papers five years ago, it was hard to make a case for medicinal marijuana. I even wrote about this in a TIME magazine article, back in 2009, titled "Why I would Vote No on Pot." Well, I am here to apologize. I apologize because I didn't look hard enough, until now. I didn't look far enough. I didn't review papers from smaller labs in other countries doing some remarkable research, and I was too dismissive of the loud chorus of legitimate patients whose symptoms improved on cannabis. Instead, I lumped them with the high-visibility malingerers, just looking to get high. I mistakenly believed the Drug Enforcement Agency listed marijuana as a schedule 1 substance because of sound scientific proof. Surely, they must have quality reasoning as to why marijuana is in the category of the most dangerous drugs that have "no accepted medicinal use and a high potential for abuse." Dr. Sanjay Gupta is a neurosurgeon and CNN\'s chief medical correspondent. Dr. Sanjay Gupta is a neurosurgeon and CNN's chief medical correspondent. They didn't have the science to support that claim, and I now know that when it comes to marijuana neither of those things are true. It doesn't have a high potential for abuse, and there are very legitimate medical applications. In fact, sometimes marijuana is the only thing that works. Take the case of Charlotte Figi, who I met in Colorado. She started having seizures soon after birth. By age 3, she was having 300 a week, despite being on seven different medications. Medical marijuana has calmed her brain, limiting her seizures to 2 or 3 per month. I have seen more patients like Charlotte first hand, spent time with them and come to the realization that it is irresponsible not to provide the best care we can as a medical community, care that could involve marijuana. We have been terribly and systematically misled for nearly 70 years in the United States, and I apologize for my own role in that. Watch this videoWEED: A Dr. Sanjay Gupta Special I hope this article and upcoming documentary will help set the record straight. On August 14, 1970, the Assistant Secretary of Health, Dr. Roger O. Egeberg wrote a letter recommending the plant, marijuana, be classified as a schedule 1 substance, and it has remained that way for nearly 45 years. My research started with a careful reading of that decades old letter. What I found was unsettling. Egeberg had carefully chosen his words: Page | 21 Appendix D "Since there is still a considerable void in our knowledge of the plant and effects of the active drug contained in it, our recommendation is that marijuana be retained within schedule 1 at least until the completion of certain studies now underway to resolve the issue." Not because of sound science, but because of its absence, marijuana was classified as a schedule 1 substance. Again, the year was 1970. Egeberg mentions studies that are underway, but many were never completed. As my investigation continued, however, I realized Egeberg did in fact have important research already available to him, some of it from more than 25 years earlier. High risk of abuse In 1944, New York Mayor Fiorello LaGuardia commissioned research to be performed by the New York Academy of Science. Among their conclusions: they found marijuana did not lead to significant addiction in the medical sense of the word. They also did not find any evidence marijuana led to morphine, heroin or cocaine addiction. We now know that while estimates vary, marijuana leads to dependence in around 9 to 10% of its adult users. By comparison, cocaine, a schedule 2 substance "with less abuse potential than schedule 1 drugs" hooks 20% of those who use it. Around 25% of heroin users become addicted. The worst is tobacco, where the number is closer to 30% of smokers, many of whom go on to die because of their addiction. There is clear evidence that in some people marijuana use can lead to withdrawal symptoms, including insomnia, anxiety and nausea. Even considering this, it is hard to make a case that it has a high potential for abuse. The physical symptoms of marijuana addiction are nothing like those of the other drugs I've mentioned. I have seen the withdrawal from alcohol, and it can be life threatening. I do want to mention a concern that I think about as a father. Young, developing brains are likely more susceptible to harm from marijuana than adult brains. Some recent studies suggest that regular use in teenage years leads to a permanent decrease in IQ. Other research hints at a possible heightened risk of developing psychosis. Much in the same way I wouldn't let my own children drink alcohol, I wouldn't permit marijuana until they are adults. If they are adamant about trying marijuana, I will urge them to wait until they're in their mid-20s when their brains are fully developed. Medical benefit While investigating, I realized something else quite important. Medical marijuana is not new, and the medical community has been writing about it for a long time. There were in fact hundreds of journal articles, mostly documenting the benefits. Most of those papers, however, were written between the years 1840 and 1930. The papers described the use of medical marijuana to treat "neuralgia, convulsive disorders, emaciation," among other things. A search through the U.S. National Library of Medicine this past year pulled up nearly 2,000 more recent papers. But the majority were research into the harm of marijuana, such as "Bad trip due to anticholinergic effect of cannabis," or "Cannabis induced pancreatitits" and "Marijuana use and risk of lung cancer." Page | 22 Appendix D In my quick running of the numbers, I calculated about 6% of the current U.S. marijuana studies investigate the benefits of medical marijuana. The rest are designed to investigate harm. That imbalance paints a highly distorted picture. The challenges of marijuana research To do studies on marijuana in the United States today, you need two important things. First of all, you need marijuana. And marijuana is illegal. You see the problem. Scientists can get research marijuana from a special farm in Mississippi, which is astonishingly located in the middle of the Ole Miss campus, but it is challenging. When I visited this year, there was no marijuana being grown. The second thing you need is approval, and the scientists I interviewed kept reminding me how tedious that can be. While a cancer study may first be evaluated by the National Cancer Institute, or a pain study may go through the National Institute for Neurological Disorders, there is one more approval required for marijuana: NIDA, the National Institute on Drug Abuse. It is an organization that has a core mission of studying drug abuse, as opposed to benefit. Stuck in the middle are the legitimate patients who depend on marijuana as a medicine, oftentimes as their only good option. Keep in mind that up until 1943, marijuana was part of the United States drug pharmacopeia. One of the conditions for which it was prescribed was neuropathic pain. It is a miserable pain that's tough to treat. My own patients have described it as "lancinating, burning and a barrage of pins and needles." While marijuana has long been documented to be effective for this awful pain, the most common medications prescribed today come from the poppy plant, including morphine, oxycodone and dilaudid. Here is the problem. Most of these medications don't work very well for this kind of pain, and tolerance is a real problem. Most frightening to me is that someone dies in the United States every 19 minutes from a prescription drug overdose, mostly accidental. Every 19 minutes. It is a horrifying statistic. As much as I searched, I could not find a documented case of death from marijuana overdose. It is perhaps no surprise then that 76% of physicians recently surveyed said they would approve the use of marijuana to help ease a woman's pain from breast cancer. When marijuana became a schedule 1 substance, there was a request to fill a "void in our knowledge." In the United States, that has been challenging because of the infrastructure surrounding the study of an illegal substance, with a drug abuse organization at the heart of the approval process. And yet, despite the hurdles, we have made considerable progress that continues today. Looking forward, I am especially intrigued by studies like those in Spain and Israel looking at the anti-cancer effects of marijuana and its components. I'm intrigued by the neuro-protective study by Raphael Meschoulam in Israel, and research in Israel and the United States on whether the drug might help alleviate symptoms of PTSD. I promise to do my part to help, genuinely and honestly, fill the remaining void in our knowledge. Page | 23 Appendix D Citizens in 20 states and the District of Columbia have now voted to approve marijuana for medical applications, and more states will be making that choice soon. As for Dr. Roger Egeberg, who wrote that letter in 1970, he passed away 16 years ago. I wonder what he would think if he were alive today. Page | 24 Appendix D Dr. Sanjay Gupta, CNN Chief Medical Correspondent I Am Doubling Down On Medical Marijuana http://www.cnn.com/2014/03/05/health/gupta-medical-marijuana/ (CNN) -- It's been eight months since I last wrote about medical marijuana, apologizing for having not dug deeply into the beneficial effects of this plant and for writing articles dismissing its potential. I apologized for my own role in previously misleading people, and I feel very badly that people have suffered for too long, unable to obtain the legitimate medicine that may have helped them. I have been reminded that a true and productive scientific journey involves a willingness to let go of established notions and get at the truth, even if it is uncomfortable and even it means having to say "sorry." It is not easy to apologize and take your lumps, but this was never about me. This scientific journey is about a growing number of patients who want the cannabis plant as a genuine medicine, not to get high. Dr. Sanjay Gupta is a practicing neurosurgeon and CNN\'s chief medical correspondent. Dr. Sanjay Gupta is a practicing neurosurgeon and CNN's chief medical correspondent.It is about emerging science that not only shows and proves what marijuana can do for the body but provides better insights into the mechanisms of marijuana in the brain, helping us better understand a plant whose benefits have been documented for thousands of years. This journey is also about a Draconian system where politics override science and patients are caught in the middle. Since our documentary "Weed" aired in August, I have continued to travel the world, investigating and asking tough questions about marijuana. I have met with hundreds of patients, dozens of scientists and the curious majority who simply want a deeper understanding of this ancient plant. I have sat in labs and personally analyzed the molecules in marijuana that have such potential but are also a source of intense controversy. I have seen those molecules turned into medicine that has quelled epilepsy in a child and pain in a grown adult. I've seen it help a woman at the peak of her life to overcome the ravages of multiple sclerosis. Can medical marijuana help seizures? I am more convinced than ever that it is irresponsible to not provide the best care we can, care that often may involve marijuana. I am not backing down on medical marijuana; I am doubling down. I should add that, although I've taken some heat for my reporting on marijuana, it hasn't been as lonely a position as I expected. Legislators from several states have reached out to me, eager to inform their own positions and asking to show the documentary to their fellow lawmakers. I've avoided any lobbying, but of course it is gratifying to know that people with influence are paying attention to the film. One place where lawmakers saw a long clip was Georgia, where the state House just passed a medical marijuana bill by a vote of 171-4. Before the legislative session started, most people didn't think this bill had a chance. Page | 25 Appendix D More remarkable, many doctors and scientists, worried about being ostracized for even discussing the potential of marijuana, called me confidentially to share their own stories of the drug and the benefit it has provided to their patients. I will honor my promise not to name them, but I hope this next documentary will enable a more open discussion and advance science in the process. Marijuana is classified as a Schedule I substance, defined as "the most dangerous" drugs "with no currently accepted medical use." Neither of those statements has ever been factual. Even many of the most ardent critics of medical marijuana don't agree with the Schedule I classification, knowing how it's impeded the ability to conduct needed research on the plant. Even the head of the National Institute on Drug Abuse, Dr. Nora Volkow, seems to have softened her stance; she told me she believes we need to loosen restrictions for researchers. Along the way, the public has become intensely engaged. Our collective society has paid closer attention to this issue than ever before, and with that increased education, support for medical marijuana has only grown, including in some unexpected places. Pete Carroll, the coach of the Super Bowl-winning Seattle Seahawks, said the National Football League should explore medical marijuana if it helps players. NFL Commissioner Roger Goodell hasn't dismissed the idea, saying that if marijuana is reconsidered by the medical establishment, the league would treat it the same as any other medicine. Goodell also says the NFL is following the science that suggests marijuana may help recovery from concussions. Recently, I had the chance to tell him that the United States already holds a patent on medical marijuana for that very purpose. Patent No. 6630507: Cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke or trauma. However, this particular issue still bothers me: How can the government deny the benefits of medical marijuana even as it holds a patent for those very same benefits? Members of the Food and Drug Administration declined my repeated requests for an interview. This past year, President Barack Obama told the New Yorker magazine, "I don't think (marijuana) is more dangerous than alcohol." And yet, as alcohol remains available to any adult, the president has not moved to remove marijuana from the list of the most tightly controlled substances in the country. Since I started my reporting on this topic, I have mostly resisted temptation to inject a subjective moral equivalency into this discussion, such as pitting alcohol against marijuana or reminding you that cocaine and methamphetamine are actually more available than marijuana to patients, physicians and medical researchers: They are Schedule II drugs, with recognized medical uses. Or telling you that on average, a person dies every 19 minutes in this country from a legal prescription drug overdose, while it is virtually unheard-of to die from a marijuana overdose. But, with a discussion like this, consistency does matter. Terms matter, too. Page | 26 Appendix D We are talking about a medicine, known scientifically as cannabis. In order for people to start thinking of this substance as a medicine, perhaps we should start calling it by its medical name, something that was suggested to me by medical marijuana advocates pretty much everywhere I went this year. I've tried to pull together these latest developments in our new documentary, "Cannabis Madness." Although the 1936 film "Reefer Madness" was propaganda made to advance an agenda with dramatic falsehoods and hyperbole, I hope you will find "Cannabis Madness" an accurate reflection of what is happening today, injected with the best current science. You will meet families all across the country -- a stay-at-home mom from Ohio, a nurse practitioner from Florida, an insurance salesman from Alabama -- more than 100 families who have all left jobs, homes, friends and family behind and moved to Colorado to get the medicine that relieves their suffering. As things stand now, many of these good people don't ever get to return home. Why? Because transporting their medicine, even if it is a non-psychoactive cannabis oil, could get them arrested for drug trafficking. And so they are stuck, cannabis refugees. You will meet them, and if you're like me, you'll be heartbroken to hear their stories, but you'll also have a lump in your throat when you see the raw, true love these parents have for their sick children. History books may one day draw a parallel between this chapter of medical marijuana and the story of David and Goliath. Playing the role of David's slingshot, which ultimately brought Goliath to his knees, would be a 2- year-old girl named Vivian Wilson. She inspired her father to challenge the system in a spectacular way that caused a nation to stop for a moment and take note. For months, we have filmed and followed the Wilson family with all of their trials and tribulations, and you will meet the whole family in the upcoming documentary. I am a father myself, first and foremost. I don't want my children taking or being offered a psychoactive substance. As a neurosurgeon, I know that the developing brain is more susceptible to the most harmful effects of cannabis and that brain development continues well into our mid-20s. I also worry that generations from now, my great-grandkids will find Internet headlines referring to me as the "pot doc." I do hope they will also read the rest of the story and understand the lives of the countless people who have suffered needlessly when a plant could have helped. I hope they know that I have dedicated my time to researching the medical literature, speaking to the scientists in person and piecing together a fact-based presentation meant to educate, not frighten. I hope future generations won't consider me naive. Yes, I know there is a concern that many people out there will feign ailments just to get marijuana. But withholding legitimate treatment for the needy is a very unjust way of addressing that concern. As a physician and reporter, I feel a deeper obligation to present the real stories, soundly supported with the science from all over the world. When I first apologized for my previous marijuana reporting, I was thinking about the impact that reporting may have had on Charlotte Figi. She is a sweet little girl whose brain was locked in nearly nonstop seizure activity. Without success, she tried seven different medications, stringent diets and high-dose supplements. Page | 27 Appendix D Modern medicine had nothing more to offer, which is why her parents turned to an ancient plant. As you know, it worked. And, as you will see, she is one of so many patients out there, suffering from different ailments, who believe cannabis rescued them when nothing else did. For conditions like Charlotte's, the American Epilepsy Society says that there are a million people for whom existing therapies do not control their seizures. The society recently said anecdotes about medical marijuana "give reason for hope" and said it supports "well-controlled studies that will lead to a better understanding of the disease and the development of safe and effective treatments." You should know that Charlotte continues to do well. When I saw her around the holidays, she ran over and gave me a hug. She looked me in the eyes, took me by the hand and led me all around to meet her friends. She is a delightful, happy and now healthy little girl. I know the discussion around this topic will no doubt get heated. I have felt that heat. But I feel a greater responsibility than ever to make sure those heated discussions are also well-informed by science. Page | 28 Appendix D Seizures: Marijuana Stops Child’s Severe Seizures Sandra Young – CNN Report http://www.cnn.com/2013/08/07/health/charlotte-child-medical-marijuana/index.html CNN) -- By most standards Matt and Paige Figi were living the American dream. They met at Colorado State University, where they shared a love of the outdoors. After getting married, the couple bought a house and planned to travel the world. They did travel, but their plans changed when their first child was born in 2004. Max was 2 when they decided to have another child. The couple got the surprise of their lives when an ultrasound revealed not one but two babies. Charlotte and Chase were born October 18, 2006. "They were born at 40 weeks. ... Charlotte weighed 7 pounds, 12 ounces," Paige said. "They were healthy. Everything was normal." Seizures and hospital stays begin The twins were 3 months old when the Figis' lives changed forever. Charlotte had just had a bath, and Matt was putting on her diaper. "She was laying on her back on the floor," he said, "and her eyes just started flickering." The seizure lasted about 30 minutes. Her parents rushed her to the hospital. "They weren't calling it epilepsy," Paige said. "We just thought it was one random seizure. They did a million- dollar work-up -- the MRI, EEG, spinal tap -- they did the whole work-up and found nothing. And sent us home." A week later, Charlotte had another seizure. This one was longer, and it was only the beginning. Over the next few months, Charlotte -- affectionately called Charlie -- had frequent seizures lasting two to four hours, and she was hospitalized repeatedly. Doctors were stumped. Her blood tests were normal. Her scans were all normal. "They said it's probably going to go away," Paige recalled. "It is unusual in that it's so severe, but it's probably something she'll grow out of." But she didn't grow out of it. The seizures continued. The hospital stays got longer. One of the doctors treating Charlotte thought there were three possible diagnoses. The worse-case scenario? Dravet Syndrome, also known as myoclonic epilepsy of infancy or SMEI. Dravet Syndrome is a rare, severe form of intractable epilepsy. Intractable means the seizures are not controlled by medication. The first seizures with Dravet Syndrome usually start before the age of 1. In the second year, other seizures take hold: myoclonus, or involuntary, muscle spasms and status epilepticus, seizures that last more than 30 minutes or come in clusters, one after the other. At that time, the Figis said, Charlotte was still developing normally, talking and walking the same day as her twin. But the seizures continued to get worse. The medications were also taking a toll. She was on seven drugs Page | 29 Appendix D -- some of them heavy-duty, addictive ones such as barbiturates and benzodiazepines. They'd work for a while, but the seizures always came back with a vengeance. "At 2, she really started to decline cognitively," Paige said. "Whether it was the medicines or the seizures, it was happening, it was obvious. And she was slipping away." When Charlotte was 2½, the Figis decided to take her to Children's Hospital Colorado. A neurologist tested her for the SCN1A gene mutation, which is common in 80% of Dravet Syndrome cases. After two months, the test came back positive. "I remember to this day it was a relief," Paige said. "Even though it was the worst-case scenario, I felt relief just to know." Matt, a Green Beret, decided to leave the military. "Every mission, every training I was going to do I was called home because she was in the pediatric ICU again or in the hospital again." They were quickly running out of options. They considered a drug from France. Doctors suggested an experimental anti-seizure drug being used on dogs. Paige took her daughter to Chicago to see a Dravet specialist, who put the child on a ketogenic diet frequently used to treat epilepsy that's high in fat and low in carbohydrates. The special diet forces the body to make extra ketones, natural chemicals that suppress seizures. It's mainly recommended for epileptic patients who don't respond to treatment. The diet helped control Charlotte's seizures but had a lot of side effects. She suffered from bone loss. Her immune system plummeted. And new behavioral problems started popping up. "At one point she was outside eating pine cones and stuff, all kinds of different things," Matt said. "As a parent you have to say, let's take a step back and look at this. Is this truly beneficial treatment because of these other things?" Two years into the diet, the seizures came back. The end of the rope In November 2000, Colorado voters approved Amendment 20, which required the state to set up a medical marijuana registry program. Pot activists divided over new cannabis club There are eight medical conditions for which patients can use cannabis -- cancer, glaucoma, HIV/AIDS, muscle spasms, seizures, severe pain, severe nausea and cachexia or dramatic weight loss and muscle atrophy. Everything had been tried -- except cannabis. Dr. Alan ShackelfordThe average patient in the program is 42 years old. There are 39 patients under the age of 18. Paige had consistently voted against marijuana use. That was before Dravet Syndrome entered their lives. Page | 30 Appendix D Matt, now a military contractor spending six months a year overseas, used his spare time scouring the Internet looking for anything that would help his little girl. He found a video online of a California boy whose Dravet was being successfully treated with cannabis. The strain was low in tetrahydrocannabinol, or THC, the compound in marijuana that's psychoactive. It was also high in cannabidiol, or CBD, which has medicinal properties but no psychoactivity. Scientists think the CBD quiets the excessive electrical and chemical activity in the brain that causes seizures. It had worked in this boy; his parents saw a major reduction in the boy's seizures. By then Charlotte had lost the ability to walk, talk and eat. She was having 300 grand mal seizures a week. Her heart had stopped a number of times. When it happened at home, Paige did cardiopulmonary resuscitation until an ambulance arrived. When it happened in the hospital, where they'd already signed a do-not-resuscitate order, they said their goodbyes. Doctors had even suggested putting Charlotte in a medically induced coma to give her small, battered body a rest. She was 5 when the Figis learned there was nothing more the hospital could do. That's when Paige decided to try medical marijuana. But finding two doctors to sign off on a medical marijuana card for Charlotte was no easy feat. She was the youngest patient in the state ever to apply. Scientists don't fully understand the long-term effects early marijuana use may have on children. Studies that show negative effects, such as diminished lung function or increased risk of a heart attack, are primarily done on adult marijuana smokers. But Charlotte wouldn't be smoking the stuff. Childhood is also a delicate time in brain development. Preliminary research shows that early onset marijuana smokers are slower at tasks, have lower IQs later in life, have a higher risk of stroke and increased incidence of psychotic disorders, leaving some scientists concerned. Is medical marijuana safe for children? "Everyone said no, no, no, no, no, and I kept calling and calling," Paige said. She finally reached Dr. Margaret Gedde, who agree to meet with the family. "(Charlotte's) been close to death so many times, she's had so much brain damage from seizure activity and likely the pharmaceutical medication," Gedde said. "When you put the potential risks of the cannabis in context like that, it's a very easy decision." The second doctor to sign on was Alan Shackelford, a Harvard-trained physician who had a number of medical marijuana patients in his care. He wasn't familiar with Dravet and because of Charlotte's age had serious reservations. "(But) they had exhausted all of her treatment options," Shackelford said. "There really weren't any steps they could take beyond what they had done. Everything had been tried -- except cannabis." Paige found a Denver dispensary that had a small amount of a type of marijuana called R4, said to be low in THC and high in CBD. She paid about $800 for 2 ounces -- all that was available -- and had a friend extract the oil. Page | 31 Appendix D She had the oil tested at a lab and started Charlotte out on a small dose. "We were pioneering the whole thing; we were guinea pigging Charlotte," Paige said. "This is a federally illegal substance. I was terrified to be honest with you." But the results were stunning. "When she didn't have those three, four seizures that first hour, that was the first sign," Paige recalled. "And I thought well, 'Let's go another hour, this has got to be a fluke.' " The seizures stopped for another hour. And for the following seven days. Paige said she couldn't believe it. Neither could Matt. But their supply was running out. Paige soon heard about the Stanley brothers, one of the state's largest marijuana growers and dispensary owners. These six brothers were crossbreeding a strain of marijuana also high in CBD and low in THC, but they didn't know what to do with it. No one wanted it; they couldn't sell it. Still, even they had reservations when they heard about Charlotte's age. But once they met her, they were on board. "The biggest misconception about treating a child like little Charlotte is most people think that we're getting her high, most people think she's getting stoned," Josh Stanley said, stressing his plant's low THC levels. "Charlotte is the most precious little girl in the world to me. I will do anything for her." The brothers started the Realm of Caring Foundation, a nonprofit organization that provides cannabis to adults and children suffering from a host of diseases, including epilepsy, cancer, multiple sclerosis and Parkinson's, who cannot afford this treatment. People have called them the Robin Hoods of marijuana. Josh Stanley said it's their calling. They use the money they make from medical marijuana patients and get donations from sponsors who believe in their cause. They only ask patients such as the Figis to donate what they can. "We give (cannabis) away for next to free," Stanley said. "The state won't allow us to actually give it away, so we give it away for pennies really." Charlotte gets a dose of the cannabis oil twice a day in her food. Gedde found three to four milligrams of oil per pound of the girl's body weight stopped the seizures. Today, Charlotte, 6, is thriving. Her seizures only happen two to three times per month, almost solely in her sleep. Not only is she walking, she can ride her bicycle. She feeds herself and is talking more and more each day. "I literally see Charlotte's brain making connections that haven't been made in years," Matt said. "My thought now is, why were we the ones that had to go out and find this cure? This natural cure? How come a doctor didn't know about this? How come they didn't make me aware of this?" The marijuana strain Charlotte and now 41 other patients use to ease painful symptoms of diseases such as epilepsy and cancer has been named after the little girl who is getting her life back one day at a time. Page | 32 Appendix D It's called Charlotte's Web. "I didn't hear her laugh for six months," Paige said. "I didn't hear her voice at all, just her crying. I can't imagine that I would be watching her making these gains that she's making, doing the things that she's doing (without the medical marijuana). I don't take it for granted. Every day is a blessing." Matt added, "I want to scream it from the rooftops. I want other people, other parents, to know that this is a viable option." Page | 33 Appendix D United States of America (Dept. of Health and Human Services) Holds Patent on Medical Uses of Marijuana Abstract: Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. U.S Patent 6630507 http://patft.uspto.gov/netacgi/nph- Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=6630507. PN.&OS=PN/6630507&RS=PN/6630507 Abstract Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia. Nonpsychoactive cannabinoids, such as cannabidoil, are particularly advantageous to use because they avoid toxicity that is encountered with psychoactive cannabinoids at high doses useful in the method of the present invention. A particular disclosed class of cannabinoids useful as neuroprotective antioxidants is formula (I) wherein the R group is independently selected from the group consisting of H, CH.sub.3, and COCH.sub.3. ##STR1## Page | 34 Appendix D California Pot Research Backs Therapeutic Claims (Sacramento Bee Report) University of California http://www.sacbee.com/2012/07/12/4625608/california-pot-research-backs.html University of California medical researchers slipped an ingredient in chili peppers beneath the skin of marijuana smokers to see if pot could relieve acute pain. It could – at certain doses. They monitored patients with AIDS and HIV as they toked on joints or placebos to determine whether marijuana could quell agonizing pain from nerve damage. It provided relief. They tested a "Volcano Vaporizer" to see whether inhaling smokeless pot delivered healthier, low-tar cannabis. It did. Over a dozen years, California's historic experiment in medical marijuana research brought new science to the debate on marijuana's place in medicine. State-funded studies – costing $8.7 million – found pot may offer broad benefits for pain from nerve damage from injuries, HIV, strokes and other conditions. California's famed Center for Medicinal Cannabis Research – established by the Legislature to answer the question, "Does marijuana have therapeutic value?" – has now all but completed America's most comprehensive studies into the efficacy of pot. The money is gone. State-commissioned clinical trials totaling more than 300 research subjects are over. The last data are being crunched for medical journals. And it is unlikely that medicinal pot research on such a scale is going to be repeated any time soon. Headquartered at UC San Diego with work also conducted in Sacramento County and San Francisco, the Center for Medical Cannabis Research challenged medical orthodoxy by undertaking the first clinical trials in decades looking at pot as medicine. Now it survives in name only – as an informational center and potential clearinghouse for grant applications for future cannabis studies. Political frictions over pot remain volatile, and researchers say getting additional studies approved by federal agencies is as hard as ever. Despite findings of potential health benefits by California researchers, cannabis is no closer to winning federal acceptance as medicine. Three years after California voters passed the nation's first medical marijuana law in 1996, the Legislature in 1999 approved funding for the nation's first sustained modern medical research for pot. After seven completed trials between 2002 and 2012, with five studies published and two pending, California researchers say the research shows pot does, in fact, have therapeutic value. "Every one of the studies showed a benefit," said Dr. Igor Grant, a neuropsychiatrist who served as director of the Center for Medicinal Cannabis Research. "The convergence of evidence makes me convinced there is a medical benefit here, and there may be a niche for cannabis." The California researchers sought to avoid the politics of pot or advocacy of its use. But Grant said the research results suggest the U.S. government's listing of marijuana as a Schedule I drug with no medical use – on par with heroin and LSD – "is completely at odds with the existing science." Page | 35 Appendix D "It is intellectually dishonest to say it has no value whatsoever, because it's just not true," he said. Trials with HIV patients While doctors can recommend marijuana, and people buy it at California dispensaries, it is not available as a legal prescription drug. So the challenge for California researchers was to try to determine if a plant with no uniform medical dose could be shown as effective. In many cases, researchers took their cues from people already using marijuana. Dr. Donald Abrams at UC San Francisco and Dr. Ronald Ellis at UC San Diego knew AIDS and HIV patients with nerve damage were treating themselves with cannabis to quell shooting pains from stimuli as benign as pulling a bed sheet over their toes. In separate clinical trials between 2002 and 2006, Abrams and Ellis found that patients infected with HIV got marked pain relief from pot – even on top of prescription pain medications. In May, a published study by Jody Corey-Bloom, director of the Multiple Sclerosis Center at UC San Diego, reported that 30 patients smoking marijuana got noticeable relief from painful spasticity. Through May, another research team led by UC Davis pain management physician Dr. Barth Wilsey worked to determine whether cannabis could relieve pain without getting people stoned. Wilsey was surprised when research subjects with discomfort from nervous system damage found the same relief from marijuana cigarettes with 3.5 percent tetrahydrocannabinol – the psychoactive ingredient in pot – as from cigarettes with 7 percent THC. He commissioned a follow-up, in which patients breathed in vaporized pot with even smaller amounts of THC or with psychoactive elements extracted. "I think we're traveling together," Wilsey said of the synergy between researchers and subjects using cannabis. "I want to be able to provide a suitable dose that doesn't impair people or impairs them minimally." It was as part of that study that Sacramento County resident Gene Murphy, a multiple sclerosis patient, was driven to a UC Davis research center in Rancho Cordova over a three-week period so scientists could watch him inhale different potencies of cannabis from a vaporizer, check his pain and see if he was getting high. Murphy found himself taking tokes of government pot, grown for research at the University of Mississippi, and complaining about the taste as the UC Davis team tried to find out if a minuscule dose of marijuana could help with his shooting pains. "It was harsh on your throat and you didn't get high or nothing," Murphy said. "I asked them, 'Can't you get something better out of Humboldt County?' " But Murphy also found his discomfort seemed to decrease with cannabis use in a way it didn't with his prescription of Vicodin alone. His impressions will be included in an upcoming study. This month, Wilsey is enrolling research subjects for another study, funded under a $910,000 grant from the National Institutes of Health, on cannabis's effectiveness with spinal cord injury pain. Page | 36 Appendix D Conflicts over testing Before the California research – and still today – federal agencies have preferred to support studies of marijuana as a drug of abuse, not as a potential medical benefit. As U.S. authorities crack down on California marijuana dispensaries, some UC researchers question if medical cannabis research is any more acceptable today. "I don't think science drives the train here," Abrams said, adding. "It's a difficult environment at the current time to obtain funding." Rick Doblin, director of the Multidisciplinary Association for Psychedelic Studies, a nonprofit group advocating alternative medical research, said he hoped the California studies would have kicked open the door to large, multistate trials that could evaluate marijuana as a prescription drug. That didn't happen. Neither did a much-publicized study MAPS hoped to undertake in Arizona this year on whether pot could help Iraq and Afghanistan combat veterans with symptoms of post-traumatic stress disorder. Doblin said the Food and Drug Administration supported the veterans study. But the National Institute on Drug Abuse, which controls access to the government's supply of marijuana for research, did not. "With the fact that the Center for Medicinal Cannabis Research had all of these promising leads, you would think in a rational world that people would be studying marijuana to make it a (prescription) medicine," Doblin said. In response to written questions from The Bee, Stephanie Older, a public affairs officer with the National Institutes of Health and the National Institute on Drug Abuse, wrote that the agencies "will continue to support research on the potential benefits of cannabis." However, she added: "While there have been some small studies on the potential therapeutic benefits of smoked cannabis, the literature on its harms is much more well-established." For now, Grant said, the Center for Medicinal Cannabis research suggests that pot is a promising secondary therapy for people for whom other treatments fail. But Grant said he worries about a lack of standardization for medical marijuana. He suggests people buying pot at dispensaries – offering products far more potent than used in state research – is akin "to going to a flea market for an antibiotic." And UC San Diego researcher Dr. Mark Wallace said finding proper dosing for marijuana is a challenge. In a novel study, Wallace, an anesthesiologist and pain specialist, injected capsaicin, the hot ingredient in chili pepper, beneath the skin of healthy research subjects who smoked pot with different THC levels. Five minutes after inhaling marijuana, none reported pain relief. After 45 minutes, those who smoked marijuana with 2 percent THC said they still hurt. But those who smoked pot with 4 percent THC said their pain was all but gone. And those who smoked marijuana with 8 percent THC reported their pain actually increased. Wallace said the findings are significant because they showed "that cannabis has a therapeutic window." Page | 37 Appendix D But exactly what the proper marijuana dose is – and how it may vary for different conditions – will require much more research, Wallace said. He doesn't know when that may happen. I W H A T A R E T H E SH O R T -TE R M EF F E C T S OF M A R I J U A N A US E ? DO E S M A R I J U A N A LE A D T O T H E U S E OF O T H E R D R U G S ? CA N A U S E R HA V E A B A D RE A C T I O N ? DO M A R I J U A N A US E R S LO SE T H E I R MO T I V A T I O N ? HO W IS MA RI J U A N A US E D ? A R E T H E R E T R E ATM E N T S TO H E L P MA R IJ U AN A US E R S ? HOW CAN I TELL IF MY CHILD HAS BEEN USING MARIJUANA? HOW DOES MARIJUANA AFFECT DRIVING? HOW MANY PEOPLE SMOKE MARIJUANA? CAN A PERSON BECOME ADDICTED TO MARIJUANA? HOW LONG DOES MARIJUANA STAY IN THE USER’S BODY? CAN MARIJUANA AFFECT MY CHILD'S GRADES? WHAT ARE THE EFFECTS OF MARIJUANA? MARIJUANA: FACTS PARENTS NEED TO KNOW Revised HOW CAN I PREVENT MY CHILD FROM GETTING INVOLVED WITH MARIJU A NA? WHAT ABOUT EFFECTS ON PREGNANCY? WHAT ARE THE LONG-TERM EFFECTS OF MARIJUANA USE? WHAT DOES MARIJUANA DO TO THE BRAIN? CAN MARIJUANA BE USED AS MEDICINE? National Institute on Drug Abuse National Institutes of Health Appendix E 1 II A Letter to Parents We at the National Institute on Drug Abuse (NIDA) are pleased to offer these two short booklets for par- ents and children to review the scientific facts about marijuana: (1) Marijuana: Fac ts Pa rents Need to Know and (2) Marijuana: Fac ts for Teens. Although it is bes t to talk about drugs when children are young—since that is when drug use often begins—it is never too late to start the conversation. Marijuana remains the most abused illegal substance among youth. By the time they graduate high school, about 46 percent of U.S. teens will have tried marijuana at least once in their lifetime. Although use among teens dropped dramatically in the previous decade (to a prevalence of about 12.4 percent for past-month use in 2007), adolescent marijuana use is again on the upswing. In 2013, nearly 23 percent of high school seniors were current marijuana users, and 6.5 percent used marijuana daily. The annual Monitoring the Future survey, which has been tracking teen attitudes and drug use since 1975, shows that use of marijuana over time is direc tly related to how safe teens perceive the drug to be; currently the number of teens who think marijuana users risk harming themselves is declining. This, despite growing scientific evidence that marijuana use during the teen years can permanently lower a person’s IQ and interfere with other aspects of functioning and well-being. 2 Survey results show that we still have a long way to go in our efforts to prevent marijuana use and avoid the toll it can take on a young person’s life. NIDA recog- nizes that parents have an important role in this ef for t and can strongly influence their children’s at titud es and behaviors. However, the subject of marijuana use has become increasingly dif ficult to talk about—in part, because of the mixed messages being conveyed by the passage of medical marijuana laws and legal- ization of marijuana in some St ates. In addition, many parents of today’s teens may have used marijuana when they were younger, which could make t alk- ing openly and setting definitive rules about its use more diffic ult. Talking to our children about drug use is not always easy, but it is crucial. You can also get involved in your community and seek out drug abuse prevention programs that you and your child can participate in together. Sometimes, just beginning the conversation is the hardest part. I hope these booklets can help. Nora D. Volkow, M.D. Director National Institute on Drug Abuse 3 Contents… Letter to Parents 1 I. Talking to Your Kids— 4 Communicating the Risks Introduction 5 Why do young people use marijuana? 5 How can I prevent my child from using marijuana? 5 Did you know... 6 Marijuana can be addictive 6 Marijuana is unsafe if you are behind the wheel 6 Marijuana is associated with school failure 7 High doses of marijuana can cause psychosis or panic during intoxication 7 II. Want to Know More? Some FAQs About Marijuana 8 What is marijuana? Are there different kinds? 9 How is marijuana used? 9 How many people use marijuana? 9 How does marijuana work? 10 What are marijuana’s short-term effects? 12 What determines how marijuana affects an individual? 12 How important is marijuana potenc y? Does using marijuana lead to other drug use? 14 Does smoking marijuana cause lung cancer? 14 Since marijuana can be addictive, can it produce withdrawal symptoms when someone quits? 17 Is "Spice" (or "synthetic marijuana") as harmful as real marijuana? 17 Are there treatments for people addicted to marijuana? 18 What are other risks related to marijuana that my child 18 should be aware of? Is marijuana medicine? 21 How can I tell if my child has been using marijuana? 22 III. Starting the Conversation 24 IV. Other Useful Resources 26 4 I. Talking to Your Kids Communic ating the Risks 5 Introduction Why do young people use marijuana? Children and teens start using marijuana for many reasons. Curiosity and the desire to fit into a social group are common ones. Some teens have a network of friends who use drugs and urge them to do the same (peer pres sure). Those who have already begun to smoke cigarettes or use alcohol —or both—are at heightened risk for marijuana use as well. And children and teens who have untreated mental disorders (such as ADHD, conduct disor- der, or anxiet y) or who were physically or sexually abused are at heightened risk of using marijuana and other drugs at an early age. For some, drug use begins as a means of cop - ing—to deal with anxiety, anger, depression, boredom, and other unpleasant feelings. But in fact, being high can be a way of simply avoid- ing the problems and challenges of growing up. Research also suggests that family members’ use of alcohol and drugs plays a strong role in whether children/teens start using drugs. Parents, grandparents, and older brothers and sisters are models that children follow. So indeed, all aspects of a teen’s environment— home, school, and neighborhood—can influence whether they will try drugs. How can I prevent my child from using marijuana? There is no magic bullet for preventing teen drug use. But research shows parents have a big influence on their teens, even when it doesn’t seem that way! So talk openly with your children and stay actively engaged in their lives. To help you get started, below are some brief summaries of marijuana research findings that you can share 6 with your kids to help them sort out fact from myth, and help them make the soundest decisions they can. These facts were chosen because they reflect the questions and comments that we receive from teens every day on our teen Web site and blog—what teens care about. Following this brief summary of research evidence, FAQs and additional resources are provided to equip you with even more information. Did you know… Marijuana can be addic tive. Repeated marijuana use can lead to addiction—which means that people often cannot stop when they want to, even though it undermines many aspects of their lives. Marijuana is estimated to produce addiction in approximately 9 percent, or about 1 in 11, of those who use it at least once. This rate increases to about 1 in 6, or 17 percent, for users who start in their teens, and 25–50 percent among daily users. Moreover, 4.3 million of the more than 7.3 million people who abused or were addicted to any illegal drug in 2012 were dependent on marijuana. And among youth receiving substance abuse treatment, marijuana accounts for the largest percentage of admissions: 74 percent among those 12–14, and 76 percent among those 15–17. Marijuana is unsafe if you are behind the wheel. Marijuana compromises judgment and af fec t s many other skills required for safe driving: aler t- ness, concentration, coordination, and reac tion time. Marijuana use makes it difficult to judge distances and react to signals and sounds on the road. Marijuana is the most commonly identi- fied illegal drug in fatal accidents (showing up in the bloodstream of about 14 percent of drivers), 7 sometimes in combination with alcohol or other drugs. By itself, marijuana is believed to roughly double a driver's chances of being in an accident, and the combination of marijuana and even small amounts of alcohol is even more dangerous —more so than either substance by itself. Marijuana is a ssociated wit h school failure. Marijuana has negative effects on attention, moti- vation, memory, and learning that can persist af ter the drug's immediate effects wear off—especially in regular users. Someone who smokes marijuana daily may be functioning at a reduced intellec tual level most or all of the time. Recent research even suggests that people who begin using marijuana heavily as teens may permanently lose an average of 8 points in IQ by mid-adulthood. Compared with their nonsmoking peers, students who smoke mari- juana tend to get lower grades and are more likely to drop out of high school. Long-term marijuana users report decreased overall life satisfaction, including diminished mental and physical health, memory and relationship problems, lower salaries, and less career success. High doses of marijuana can cause psychosis or panic during intoxication. Although scientists do not yet know whether the use of marijuana causes mental illness, high doses can induce an acute psychosis (disturbed perceptions and thought s, including paranoia) or panic attacks. In people who already have schizophrenia, marijuana use can worsen psychotic symptoms, and evidence so far suggests there is a link between early marijuana use and an increased risk of psychosis among those with a preexisting vulnerability for the disease. 8 II. Want to know more? Some FAQs about Marijuana 9 What is marijuana? Are there different kinds? Marijuana is a green, brown, or gray mixture of dried, shredded leaves, stems, seeds, and flow- ers of the hemp plant (Cannabis sativa). Cannabis is a term that refers to marijuana and other drug s made from the same plant. Strong forms of can- nabis include sinsemilla (sin-seh-me-yah), hashish (“hash” for short), and hash oil. There are many dif- ferent slang terms for marijuana and, as with other drugs, they change quickly and vary from region to region. But no matter its form or label, all cannabis preparations contain the mind-altering (psychoac- tive) chemical THC (delta-9-tetrahydrocannabinol). They also contain more than 400 other chemicals. How is marijuana used? Most users roll loose marijuana into a cigarette (c alled a joint) or smoke it in a pipe or a water pipe, sometimes referred to as a bong. Some users mix marijuana into foods, or use it to brew a tea. Another method is to slice open a cigar and replace the tobacco with marijuana, creating what is known as a blunt. Marijuana cigarettes or blunts sometimes are dipped in PCP or mixed with other subs tances, including crack cocaine. How many people use marijuana? Before the 1960s, many Americans had never heard of marijuana, but today it is the most often used illegal drug in the United St ates. According to a 2012 national survey, more than 111 million Americans over the age of 12 had tried marijuana at least once, and nearly 19 million had used the drug in the month before the survey. 10 Researchers have found that the use of marijuana and other drugs usually peaks in the late teens and early twenties, and then declines in later years. Therefore, marijuana use among young people remains a natural concern for parents and the focus of continuing research, particularly regarding its impact on brain development, which continues into a person’s early twenties. NIDA's annual Monitoring the Future survey reports that among students from 8th, 10th, and 12th grades, marijuana use has increased over the past 5 years; this increased use parallels a softening of perceptions about marijuana’s risks. In 2013, 12.7 percent of 8th graders repor ted marijuana use in the past year, and 7 percent were current (pas t-month) users. Among 10th graders, 29.8 percent had used marijuana in the past year, and 18 percent were current users. Among 12th graders, past year use remained the same and 22.7 percent were current users. How does marijuana work? When marijuana is smoked, its effects are felt almost immediately. This is because THC (marijua- na's psychoactive ingredient) rapidly reaches every organ in the body, including the brain. The effects of smoked marijuana can last from 1 to 3 hours. If consumed in foods, the effects come on slower and may not last as long. Since 1975, the Monitoring the Future (MTF) survey has measured drug, alcohol, and cigarette use and related attitudes among adolescent students nationwide. Drug use is measured across three time periods: lifetime, past year, and past month; for some drugs, daily use is also reported. Initially, the survey include d 12th graders only, but in 1991 it was expanded to include 8th and 10th graders. 1 More than 45% OF TEENS have used marijuana before they graduate from high school. Marijuana works through THC attaching to specific sites on nerve cells in the brain and in other parts of the body. These sites are called c annabinoid receptors (CBRs) because they were discovered by scientists trying to understand how marijuana, or cannabis, exerts its effects. THC is chemically similar to a class of chemicals that our body produces naturally, called endocannabinoids, and marijuana disrupts the normal function of this system. CBRs are found in brain areas that influence pleasure, memor y, thinking, concentration, movement, coordination, appetite, pain, and sensory and time perception. Because of this sys tem’s wide-ranging influence over many critical functions, it is not surprising that marijuana can have multiple effects—not just on the brain, but on a user’s general health as well. Some of these effects are related to acute intoxication while others may accumulate over time to cause more persistent problems, including addic tion. 12 What are marijuana’s short-term effects? The following are some effects that marijuana use can produce: Euphoria (high). THC activates the reward system in the same way that nearly all drugs of abuse do: by stimulating brain cells to release the chemical dopamine. Memory impairment. THC alters how information is processed in the hippocampus, a brain area related to memory; regular use can affect learn- ing skills and academic achievement, including short-term memory and complex task s requiring concentration. Adverse mental reac tions in some. These include anxiety, fear, distrust, or panic, particularly in new users or those taking it in a strange setting; some may even experience psychosis, which includes hallucinations, delusions, paranoia, and loss of the sense of personal identit y. Physical changes. Users may have red or blood- shot eyes, increased appetite (“the munchies”), increased heart rate, and sleep issues. What determines how marijuana affects an individual? How important is marijuana potency? Like any other drug, marijuana’s effects on an individual depend on a number of factors, including the person’s previous experience with the drug (or other drug s), biology (e.g., g enes), gender, how the drug is taken (smoked versus orally), and the drug’s 13 potency. Potency—determined by the amount of THC contained in the marijuana—has received much attention lately because it has been increasing steadily. In 2012, THC concentrations in marijuana averaged 14.5 percent, compared to around 4 percent in the 1980s. Some current strains contain as much as 30 percent THC. This is based on analyses of marijuana samples confiscated by law enforcement agencies. So what does this actually mean? For a new user, it may mean exposure to higher concentrations of THC, with a greater chance of an adverse or unpredictable reaction. In fact, increases in potenc y may account for the rise in emergency depar tment visit s involving marijuana use. For experienced users, it may mean a greater risk for addiction if they are exposing themselves to high doses on a regular basis. However, the full range of consequences associated with marijuana’s higher potency is not well understood, nor is it known whether marijuana users adjust for the increase in potency by using less. MARIJUANA CAN BE A DDIC TIVE. About 1 in 6 people who star t smoking in their teens, and 25–50 percent of people who use it every day, become addicted to marijuana. 14 Does using marijuana lead to other drug use? Long-term studies of high school students’ patterns of drug use show that most young people who use other drugs have tried marijuana, alcohol, or tobacco first. For example, young people who have used marijuana are at greater risk of using cocaine than are those who have not used marijuana. We also know from animal studies that rats previously administered THC show heightened brain activation not only when fur ther exposed to THC but also when exposed to other drugs such as morphine—a phenomenon called cross- sensitization, which is not unique to marijuana. Researchers are now examining the possibility that exposure to marijuana in adolescence may cause changes in the brain that make a person more vulner- able to subsequent marijuana addiction or to the risk of becoming addicted to other drugs, such as alcohol, opioids, or cocaine. It is important to point out, however, that research has not fully explained any of these effects, which are com- plex and likely to involve a combination of biological, social, and psychological factors. Does smoking marijuana cause lung cancer? We do not know yet. Studies have not found an increased risk of lung cancer in marijuana smokers, as compared with nonsmokers. However, marijuana smoke does irritate the lungs and increases the likelihood of other respiratory problems through exposure to carcinogens and other toxins. Repeated exposure to marijuana smoke can lead to daily cough 15 In 2011, marijuana was reported in over 455,000 EMERGENC Y DE PARTMENT VISITS IN THE U.S. Over 13 percent involved people between the ages of 12 and 17. 16 Marijuana users may have many of the same RESPIR ATOR Y PROBLEMS tobacco smokers have, such as chronic cough and more frequent chest colds. 17 and excess phlegm production, more frequent acute chest illnesses, and a greater risk of lung infections. Marijuana also affects the immune sys tem, although the implications for cancer are unclear. Moreover, many people who smoke marijuana also smoke ciga- rettes, which do cause cancer, and quitting tobacco can be harder if the person uses marijuana as well. Since marijuana can be addictive, can it produce withdrawal symptoms when someone quits? Yes. When they stop using the drug, many long-term users experience symptoms that are similar in type and severity to those of nicotine withdrawal—irritabilit y, sleeping dif ficulties, anxiety, and craving—which of ten prompt relapse. Withdrawal symptoms peak a few days after use has stopped and dissipate within about 2 weeks. And while these symptoms do not pose an immediate threat to health, they can make it hard for someone to keep from using the drug. Is "Spice" (or "synthetic marijuana") as harmful as real marijuana? Yes. Spice, which is sometimes also called K2 or Fake Weed, consist s of shredded dried plant materials that have been sprayed with chemicals designed to act on the same brain-cell receptors as THC, but are often much more powerful and unpredictable. Spice products are labeled “not fit for human consumption” and many are now illegal, but their manufacturers are constantly creating new chemical compounds to evade legal restrictions. Their side effects, like the ingredients, often vary, but emergency rooms repor t large numbers of young people appearing with rapid heart rates, vomiting, agitation, and hallucinations after using these substances. Are there treatments for people addicted to marijuana? Currently, no FDA-approved medications exist for treating marijuana addiction, although promising research is under way to find medications for treat- ing withdrawal symptoms and alleviating craving and other subjective effects of marijuana. Behavioral therapies are available and are similar to those used for treating other substance addiction. These include motivational enhancement to engage people in treatment; cognitive behavioral therapies to teach strategies for avoiding drug use and its triggers and for effectively managing s tress; and motivational incentives, which provide vouchers or small cash rewards for sustained drug abstinence. Unfortunately, treatment success rates are rather modest, indicating that marijuana addiction, like other addictions, may need a long-term care approach that varies treatment intensity in line with the person’s changing needs over time. What are other risks related to marijuana that my child should be aware of? Here are a few that you or your child may not have thought about: UÊ As with most drugs, marijuana use interferes wit h judgment, which can mean a greater chance of engaging in risky behaviors and experiencing their negative consequences (such as acquiring a sexually transmitted disease, driving while intoxicated, or riding with someone else who is intoxicated and getting into a car c rash). UÊ In addition to psychosis, regular marijuana use has been associated with several psychological effects, including depression, anxiety, suicidal thoughts, and personality disturbances. One of the effects most frequently reported is an 18 19 MARIJUANA AFFEC TS THE BRAIN and leads to impaired short-term memory, perception, judgment, and motor skills. 20 “amotivational s yndrome” characterized by a diminished or lost drive to engage in for merly rewarding activities. Whether this syndrome is a disorder unto itself or is a subtype of depression associated with marijuana use remains controversial, and whether marijuana causes it or is a response to it is still not understood. More research is needed to confirm and bet ter understand these linkages. UÊ Marijuana use during pregnancy may harm the developing fetus. Research suggests that babies born to women who used marijuana during their pregnancies may have subtle neurological altera- tions and, later in childhood, can show diminished problem-solving skills, memory, and at tention. However, the fact that pregnant women who use Regular marijuana use has been associated with sever al P S YCHO LO GIC A L EFFEC TS, including depre ssion, anxiety, suicidal thoug ht s , an d personality di stur bances. 21 marijuana may also smoke cigarettes or drink alcohol makes it dif ficult to determine exactly how much of these effects are attributable specifically to marijuana. Is marijuana medicine? There has been much debate about the possible medical use of marijuana for certain conditions, including nausea relief for cancer chemotherapy patients and boosting appetite in people with AIDS. Currently, 20 states have legalized smoked marijuana for medical purposes, but the FDA, which assesses the safety and effectiveness of medications, has not approved marijuana as a medicine. There have not been enough large-scale clinical trials showing that smoked marijuana’s benefits outweigh its many potential health risks in patients with the symptoms it is meant to treat. Also, to be considered a legitimate medicine, a substance must have well-defined and measurable ingredients that are consistent from one unit (such as a pill or injec tion) to the next. In addition to THC, the marijuana leaf contains over 400 other chemical compounds, which may have different effects in the body and which vary from plant to plant. This makes it difficult to consider its use as a medicine even if some of marijuana’s specific ingredients may offer benefits. However, THC itself is an FDA-approved medic ation. Medicines now on the market deliver the benefit s of THC without the dangers and unpredictability of smoking marijuana. Scientists continue to investigate the medicinal properties of THC and other cannabinoids to better evaluate and harness their ability to help patients suffering from a broad range of conditions, while avoiding the negative effects of smoked marijuana. How can I tell if my child has been using marijuana? Parents should be aware of changes in their c hild ’s behavior, such as carelessness with grooming, mood changes, and deteriorating relationships with fam- ily members and friends. In addition, changes in academic performance, skipping classes or missing school, loss of interest in sports or other favorite activities, a change in peer group, changes in eating or sleeping habits, and getting in trouble in school or with the law could all be related to drug use—or may indicate other problems. See the list of specific warn- ing signs for marijuana use below. If your child is using marijuana, he or she might: seem unusually giggly and/or uncoordinated have very red, bloodshot eyes or frequently use eye drops have a hard time remembering things that just happened have drugs or drug paraphernalia, including pipes and rolling papers (perhaps claiming they belong to a friend, if confronted) have strangely smelling clothes or bedroom use incense and other deodorizers wear clothing or jewelry or have posters that promote drug use have unexplained lack of money or a surplus of cash on hand 22 23 DRIVIN G WHILE HIGH CAN LEAD TO CAR ACC IDENT S. Marijuana has adverse effects on many of the skills required for driving a car. 24 III. Starting the Conver sation 25 As this booklet has shown, marijuana can pose a particular threat to the health and well-being of children and adolescents at a critical point in their lives—when they are growing, learning, maturing, and laying the foundation for their adult years. As a parent, your children look to you for help and guidance in working out problems and in making decisions, including the decision not to use drugs. Even if you have used drugs in the past, you can have an open conversation about the dangers. Divulging past drug use is an individual decision, but having used drugs should not prevent you from talking to your child about the dangers of drug use. In fact, experience can better equip us to teach others, including drawing on the value of possible mistakes. Greater acceptance of marijuana use, compared with use of other illegal drugs, continues to underlie divergent opinions about its dangers, illegality, and potential value. Indeed, the ongoing public debate about "medical marijuana" may complicate your discussion. Whether or not marijuana becomes legalized or permitted for medical purposes, it can be particularly dangerous for adolescents and can alter the trajectory of a young life, preventing a person from reaching their full potential. That is reason enough to have this sometimes dif ficult conversation with your children. We hope this booklet can serve as a catalyst and helpful guide to beginning the dialogue and, more impor tantly, continuing it and keeping the channels of communication o pen. 26 IV. Other Usef ul Re sources 27 There are numerous resources, many right in your own community, where you can obtain information to help you talk to your children about drugs. Consult your local library, school, or community service organization. You may also contact the governmental organizations listed below. National Institute on Drug Abuse (NIDA) NIDA's mission is to lead the Nation in bringing the power of science to bear on drug abuse and addiction. This charge has two critical components. The first is the strategic support and conduc t of research across a broad range of disciplines. The second is ensuring the rapid and ef fec tive dissemination and use of the results of that research to inform policy and improve prac tice. NIDA offers an extensive collection of publications, videos, and educational materials to help parents talk to their children about drug use. For more information on marijuana and other drugs, visit www.drugabuse.gov and www.teens.drugabuse.gov. NIDA publications are available free of charge through the NIDA DRUGPUBS Research Dissemination Center website: ht t p://drugpubs.drugabuse.gov e-mail: drugpubs@nida.nih.gov phone: 1-877-NIDA-NIH [1-877-643-2644] or 1-240-645-0228. National Institute on Alcohol Abuse and Alcoholism (NIAAA) NIAAA conducts and supports research across many scientific areas, coordinating with other institutes on alcohol-related issues, which frequently intersec t with other drug abuse/addiction problems. Visit ht tp://www.niaaa.nih.gov/ for information on a variet y of alcohol-related topic s. National Institute of Mental Health (NIMH) NIMH provides numerous resources covering a variety of mental health disorders, which often co-occur with drug abuse and addiction. Visit www.nimh.nih.gov to access the latest research findings and other helpful mental health information. Substance Abuse and Mental Health Services Administration (SAMHSA) SAMHSA provides valuable information on its We b site, including resources for finding substance abuse treatment. Its treatment locator (http://findtreatment.samhsa.gov/) can help you find a drug abuse or alcohol treatment program near you. Visit ht tp://www.samhsa.gov for more information on drug abuse prevention and treatment policies, programs, and services. Feel free to reprint this publication in any quantity you wish. 28 29 Tips for Parents • Be a good listener. • Give clear no-use messages about drugs and alcohol. • Help your child deal with peer pressure to use drug s. • Get to know your child’s friends and their parents. • Monitor your child’s whereabouts. • Supervise teen activities. • Talk to your child of ten. 30 <.:. +,7(9;4,5; 6- /,(3;/ (5+ /<4(5 :,9=0*,: 50/ 7\ISPJH[PVU 5V. 14-4036 7YPU[LK 1 5, 9L]PZLK 5V]LTILY 1 8, 9LWYPU[LK (WYPS 2001, -LIY\HY` 2007 9L]PZLK 5V]LTILY 2002, :LW[LTILY 2004, (\N\Z[ 2007, 4HYJO 2014 Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 14-05 Extending Temporary Moratorium on Marijuana Establishments Ordinance No. 14-06 Prohibiting Marijuana Establishments DATE: April 22, 2014 Summary: This memorandum presents and reviews Ordinance No. 14-05 and Ordinance No. 14-06 in conjunction with Town staff’s Marijuana Establishment Report. As stated in the Report, Council has the option to continue consideration of permitting and regulating marijuana establishments or prohibiting marijuana establishments. Last August Council adopted a temporary moratorium on marijuana establishments until June 1, 2014 by the adoption of Ordinance No. 13-11. As stated in the Report, if Council desires to continue consideration of permitting and regulating marijuana establishments, then I recommend adoption of Ordinance No. 14-05 to extend the temporary moratorium until a final decision is made on permitting and regulating marijuana establishments. As presented Ordinance No. 14-05 would extend the temporary moratorium until March 31, 2015. As soon as a decision is made to permit or to prohibit marijuana establishments, then the temporary moratorium imposed by Ordinance No. 14-05 could be rescinded or superseded. If Council desires to prohibit marijuana establishments, then Ordinance No. 14-06 would prohibit business licensing for marijuana establishments as well as specify that marijuana establishments are not a permitted use in the Avon Development Code. Ordinance No. 14-06 also includes Marijuana clubs as a marijuana business which would be prohibited in Avon. Amendment 64 states an affirmative obligation of each locality to designate a person responsible for processing marijuana establishment applications and states that a locality may prohibit marijuana establishments. The Avon Municipal Code currently states that the Town Clerk shall deny a business license application if the proposed business is not in compliance with local, state and federal laws. Although Avon is a home rule municipality, Section 16(1)(d) of Article XVIII, Colorado Constitution, states that the personal use and regulation of marijuana is a matter of statewide concern. Council should take action on either, or both, Ordinance No. 14-05 or Ordinance No. 14-06. A failure of Council to take action before June 1, 2014 will result in a legal ambiguity as to the status of the Town’s obligation to receive and approve marijuana establishment applications. Requested Action: Take action on Ordinance No. 14-05 or 14-06. NOTE: Procedurally, Council can take action on both ordinances on first reading on April 22, 2014, then can choose to adopt one of the two ordinances at the May 13, 2014 regular meeting after conducting public hearings. Proposed Motion: Please see Town staff Marijuana Establishment Report. Thank you, Eric M EMORANDUM & PLANNING, LLC Ord 14-05 Extending Temporary Moratorium for Marijuana Establishments April 22, 2014 Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 14-05 SERIES OF 2014 AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE OPERATION OF MARIJUANA CULTIVATION, PRODUCT MANUFACTURING AND TESTING FACILITIES, RETAIL MARIJUANA STORES AND MARIJUANA CLUBS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation created and organized pursuant to Article 20 of the Colorado Constitution and the Charter of the Town; WHEREAS, by virtue of Article 20 of the Colorado Constitution, and as further authorized by state law, including, but not limited to, Sections 31-15-401 and 31-23-301 of the Colorado Revised Statutes, the Town has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its citizens; WHEREAS, pursuant to Section 31-23-301 of the Colorado Revised Statutes, such police powers include the power to regulate the location and use of land within the community for trade, industry, or other purposes; WHEREAS, Section 29-20-104 of the Colorado Revised Statutes grants home rule cities the authority to plan for and regulate the planned and orderly use of land on the basis of the impact thereof on the community; WHEREAS, the Town possesses the power and authority to impose a temporary suspension and delay in the acceptance and processing of certain applications and approvals in order to study all factors impacting the land use scheme and to develop regulations; WHEREAS, planning, land use, and general business regulation are well-established as purely matters of local concern; WHEREAS, the Town is additionally authorized to manage and control all Town owned or leased property; WHEREAS, on November 6, 2012 Colorado voters approved Amendment 64, Personal Use and Regulation of Marijuana, which adds a new Section 16 to Article XVIII of the Colorado Constitution; WHEREAS, pursuant to Amendment 64, a “locality,” defined to include a municipality, may “prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance;” WHEREAS, pursuant to Amendment 64, the Town may also prohibit or otherwise regulate the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in Town owned or leased property; Ord 14-05 Extending Temporary Moratorium for Marijuana Establishments April 22, 2014 Page 2 of 4 WHEREAS, Town Council adopted Ordinance No. 13-11 which established a temporary moratorium on marijuana establishments until June 1, 2014; WHEREAS, the Town Council instructs Town staff to review state regulatory provisions, when available, and assemble information about best practices used by other communities pertaining to marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores and thereafter report to Town Council such information as deemed appropriate; WHEREAS, the State of Colorado is continuing to formulate state regulations for marijuana establishments and has not yet finalized such regulations; WHEREAS, the Town Council finds and determines that extending the moratorium on commercial marijuana establishments will allow Town staff and Town Council the time to investigate the Town’s ability to permanently regulate marijuana establishments, and to consider and potentially develop appropriate regulations as directed by the Town Council; WHEREAS, the Town Council finds that due to the uncertainty in state regulation, the complexity of zoning and community planning issues, the complexity of locally regulating retail marijuana establishments, the need for community input and appropriate public process, and the need to gather additional data and information concerning the positive and negative impacts associated with permitting and regulating retail marijuana establishments and other forms of commercial marijuana uses and businesses, that extending the temporary moratorium until March 31, 2015 is a reasonable timeframe; WHEREAS, it is the Town Council’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Temporary Suspension and Delay Extended. The Town hereby extends the temporary moratorium imposed by Ordinance No. 13-11 and further imposes a temporary suspension and delay in the acceptance, processing, and approval of all applications for any Town of Avon permit, license, or any other application pertaining to the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail Ord 14-05 Extending Temporary Moratorium for Marijuana Establishments April 22, 2014 Page 3 of 4 marijuana stores, and marijuana clubs (collectively “marijuana establishments”). This temporary suspension and delay shall automatically terminate at midnight on March 31, 2015, unless terminated earlier by the Town Council or extended in its duration by the enactment of another ordinance. This Ordinance and the temporary suspension and delay imposed hereby shall be self- executing without further action by the Town or its Town Council. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Ord 14-05 Extending Temporary Moratorium for Marijuana Establishments April 22, 2014 Page 4 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, 2014. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Acting Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on May 13, 2014. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: ____________________________ Debbie Hoppe, Acting Town Clerk Ord 14-06 Prohibiting Marijuana Establishments April 22, 2014 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 14-06 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS WHEREAS, Colorado voters approved “Amendment 64” which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Colorado Constitution Article XVIII Section 16(5)(f) allows local governments to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance; and WHEREAS, the Town Council of the Town of Avon previously passed legislation prohibiting medical marijuana dispensaries and medical marijuana cultivation operations in the Town; and WHEREAS, it is the Town Council’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 5.04.045. Section 5.05.045 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “5.04.045 Medical marijuana business, marijuana establishment and marijuana club prohibited. Medical marijuana business, marijuana establishment and marijuana club, as defined in Section 7.08.010 of this Code and as may be amended or recodified, is are each prohibited and unlawful in the Town. Section 3. Amendment to Avon Municipal Code Section 7.08.010. Section 7.08.010 is hereby amended by adding the following definitions, to read as follows: Ord 14-06 Prohibiting Marijuana Establishments April 22, 2014 Page 2 of 3 Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Section 4. Amendment to Avon Municipal Code Table 7.24-1. Table 7.24.-1 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “Medical Marijuana, Marijuana Establishment and Marijuana Club.” Section 5. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or Ord 14-06 Prohibiting Marijuana Establishments April 22, 2014 Page 3 of 3 obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, 2014. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Acting Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on May 13, 2014. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: ____________________________ Debbie Hoppe, Acting Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Finance Director Justin Hildreth, Town Engineer Date: April 16, 2014 Agenda Topic: 2014 Capital Projects Fund First Supplemental Budget Amendment, Resolution 14-09 Resolution 14-09 amends the 2014 Capital Projects Fund budget for the carryover of unexpended project budgets, associated revenues, and fund balances from 2013, as follows: • Avon Regional Transportation Facility $ 198,290 Lake Liner $ 139,535 Total $ 337,825 • Associated revenues include the carryover of the remaining portion of the FTA grant for the Avon Regional Transportation Facility is the amount of $44,894. In addition, operating transfers-in from the Water Fund are being carried over to match the remaining unexpended budget for the Lake Liner project. • Beginning fund balances are being increased by $368,484 to reflect the actual 2013 ending fund balance. In addition, the following projects were not anticipated at the time that the original budget was adopted: • Nottingham Park Athletic Field drainage improvements $ 70,000 Nottingham Park Stage (location analysis and final design) $ 70,000 Total $ 140,000 • $14,040 of the Nottingham Park Athletic Field drainage improvements is eligible to be paid for from the Water Fund, the remaining will come from the Capital Projects Fund. The net financial impact of all of the above changes results in a $99,105 net increase in fund balance. Recommendation Staff recommends that the Town Council adopt Resolution 14-XX, Series 2014, a Resolution amending the Town of Avon 2014 Capital Projects Fund as presented. Attachments Resolution 14-09 Capital Projects Fund Amendment No. 1 Town of Avon Resolution No. 14-09 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 14-09 SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2014 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2014 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2014; and WHEREAS, the Town Council finds it necessary to amend the 2014 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2014; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2014: Town of Avon Resolution No. 14-09 Page 2 of 2 Original or Previously Amended 2014 Budget Current Proposed Amended 2014 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,256,169 4,300,754 6,391,154 $ 3,624,653 4,509,200 6,868,979 Ending Fund Balance $ 1,165,769 $ 1,264,874 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 22nd day of April, 2014. TOWN OF AVON, COLORADO ______________________________ Richard Carroll, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Page 1 Fund Summary Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase 2013 2014 2014 (Decrease) REVENUES Taxes 1,574,502$ 1,600,000$ 1,600,000$ -$ Intergovernmental 7,419,767 1,302,000 1,346,894 44,894 Investment Earnings 11,595 9,003 9,003 - Other Revenue 528 1,500 1,500 - Total Revenues 9,006,392 2,912,503 2,957,397 44,894 Other Sources: Transfer In from Other Funds 1,150,488 1,388,251 1,551,803 163,552 Total Other Sources 1,150,488 1,388,251 1,551,803 163,552 TOTAL REVENUES AND OTHER SOURCES 10,156,880 4,300,754 4,509,200 208,446 EXPENDITURES Capital Improvements: Facilities 8,885,980 300,000 568,290 268,290 Land and Land Improvements 1,043,943 345,000 415,000 70,000 Roads and Streets 633,623 4,348,760 4,348,760 - Water Fund Projects 1,150,488 - 139,535 139,535 Communications and Technology 85,581 135,000 135,000 - Strategic Planning 3,500 - - - Debt Service - Capital Leases - 153,006 153,006 - Total Expenditures 11,803,115 5,281,766 5,759,591 477,825 Contingency - 150,000 150,000 - Other Uses Operating Transfer-Out - General Fund 201,006 246,559 246,559 - Operating Transfer-Out - Debt Service Fund 714,666 712,829 712,829 - Total Other Uses 915,672 959,388 959,388 - TOTAL EXPENDITURES AND OTHER USES 12,718,787 6,391,154 6,868,979 477,825 NET SOURCE (USE) OF FUNDS (2,561,907) (2,090,400) (2,359,779) (269,379) FUND BALANCE, Beginning of Year 6,186,560 3,256,169 3,624,653 368,484 FUND BALANCE, End of Year 3,624,653$ 1,165,769$ 1,264,874$ 99,105$ Capital Projects Fund #41 Supplemental Amendment No. 1 Page 2 Revenue Detail Original or Proposed Prev. Amended Revised Difference Account Actual Budget Budget Increase Number Description 2013 2014 2014 (Decrease) Taxes: 51401 Real Estate Transfer Tax 1,574,502$ 1,600,000$ 1,600,000$ -$ Intergovernmental: Federal / State: 53150 FTA 90 SGR Grant 6,311,171 - 44,894 44,894 53151 FTA 84 BBF Grant - - - - 53152 FTA / CDOT ARRA Grant 523,000 - - - 53205 CDOT FASTER Grant 585,596 - - - 53202 GOCO Grant - Eagle Valley Trail Bridges - 497,000 497,000 - 53202 CDOT Grant - Eagle Valley Trail - Avon Rd. to Stonebridge - 655,000 655,000 - Local Government / Other: 53402 Eagle County Trails Grant - Eagle Valley Trails Bridges - 50,000 50,000 - 53402 Eagle County Trails Grant - Eaglebend to Stonebridge - 100,000 100,000 - 53000 Total Intergovernmental 7,419,767 1,302,000 1,346,894 44,894 Investment Earnings: 57101 Interest Earnings 11,595 9,003 9,003 - Other Revenues: 58104 Fireplace Fees - 1,500 1,500 - 58999 Nonclassifed 528 - - - 58000 Total Other Revenues 528 1,500 1,500 - Other Sources: 59201 Transfer In from Avon URA (2014 Mall Improvements)- 700,000 700,000 - 59201 Transfer In from Community Enhancement Fund - 275,000 275,000 - 59201 Transfer In from Facilities Reserve Fund - 413,251 413,251 - 59201 Transfer In from Water Fund 1,150,488 - 163,552 163,552 59000 Total Other Sources 1,150,488 1,388,251 1,551,803 163,552 50000 TOTAL REVENUES 10,156,880$ 4,300,754$ 4,509,200$ 208,446$ Capital Projects Fund #41 Supplemental Amendment No. 1 Page 3 (1)(2)(3)(4)(1+2+4) Proposed Revised 2012 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2013 2014 2014 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11010 IT Server Room HVAC Upgrades -$ 14,830$ -$ -$ 14,830$ 15,000$ 15,000$ -$ Completed - 2013 I70 Transit / PW Facilities Improvement Project: 13005 Public Works Facilities (On Site & Lot 5)405,609 171,693 - 142,172 719,474 719,474 719,474 - To Be Completed - 2013 13008 Final Design / Engineering Services (Grant #90)678,370 178,963 - - 857,333 1,093,112 1,093,112 - Completed - 2013 13009 Transit Facility Construction (Grant #90)1,325,508 7,162,093 - 56,118 8,543,719 8,281,888 8,281,888 - To Be Completed - 2013 13010 Transit Facility Construction (FASTER Grant)575,560 674,440 - - 1,250,000 1,370,880 1,370,880 - Completed - 2013 13011 Transit Facility Construction (ARRA Grant)- 524,183 - - 524,183 523,000 523,000 - Completed - 2013 Transportation Facilities: 14005 Fuel Spill Cleanup 84,915 1,178 - - 86,093 89,912 89,912 - Completed - 2013 14006 Avon Station / Lot 61 Encroachment - 799 - - 799 - - - Completed - 2013 Transit Bus Stop - 8,471 - - 8,471 - - - Completed - 2013 14008 Fleet Maintenance Way Bay Lift Replacement - - 140,000 140,000 140,000 140,000 140,000 - New Project Cultural and Recreational Facilities: 15008 Rec. Center EPDM Replacement - 149,330 - - 149,330 149,680 149,680 - Completed - 2013 15009 Rec. Center Showers and Pool Deck - - 60,000 60,000 60,000 60,000 60,000 - New Project 15010 Rec. Center Water Slide Replacement - - 100,000 100,000 100,000 100,000 100,000 - New Project Nottingham Park Stage - Design - - - 70,000 70,000 - 70,000 70,000 New Project Land and Land Improvements: 21009 Forest Service Land Acquisition 29,371 1,001,800 - - 1,031,171 1,031,171 1,031,171 - Completed - 2013 21015 Nottingham Park Capital Improvements - 2013 Program - 42,143 - - 42,143 85,000 85,000 - Completed - 2013 21016 Nottingham Park Zone C Improvements - Playground - - 70,000 70,000 70,000 70,000 70,000 - New Project 21017 Nottingham Park Remodel Restrooms - - 275,000 275,000 275,000 275,000 275,000 - New Project Nottingham Park Athletic Field Drainage Improvements - - - 70,000 70,000 - 70,000 70,000 New Project Roads and Streets: Streetscape Improvements 32013 Stonebridge Deck Repair and Overlay - - - - - 50,000 50,000 - Completed - 2013 32014 Avon Rd. UPRR Bridge Façade - 104,295 - - - 98,107 98,107 - Completed - 2013 32015 US Hwy 6 Shoulder Widening Contribution - - 50,000 50,000 50,000 50,000 50,000 - New Project Project Expenditures Total Project Budget CIP Projects Inventory Project Status Capital Projects Fund #41 Supplemental Amendment No.1 Page 4 (1)(2)(3)(4)(1+2+4) Proposed Revised 2012 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2013 2014 2014 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Project Status Capital Projects Fund #41 Supplemental Amendment No.1 Avon Rd. Monument Sign - - 100,000 100,000 100,000 100,000 100,000 - New Project 31015 2014 Mall Improvements - - 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 - New Project 31014 Avon Rd. Streetscape Update - - 200,000 200,000 200,000 200,000 200,000 - New Project Annual Street Improvements: 33013 2013 Paving/Road Improvements - 495,016 - - 495,016 471,533 471,533 - Completed - 2013 33014 2014 Paving/Road Improvements - - 763,760 763,760 763,760 763,760 763,760 - To Be Completed - 2014 Multi-Modal/Alternative Mobility: 34015 US Hwy 6 Trail Project: Avon Rd. - Stonebridge - - 900,000 900,000 900,000 1,800,000 1,800,000 - To Be Completed - 2015 34016 US Hwy 6 Trail Project: Avon Rd. - Undergrounding - - - - - 100,000 100,000 - To Be Completed - 2015 34017 US Hwy 6 Eagle River Ped./Bike Bridge (GOCO)- - 725,000 725,000 725,000 725,000 725,000 - To Be Completed - 2014 34018 Beaver Creek Point Trail Improvements - - - - - 30,000 30,000 - To Be Completed - 2014 Beaver Creek Point Trailhead Parking - 34,312 - - 34,312 - - - Completed - 2013 34020 West Avon Access Improvements - - 10,000 10,000 10,000 10,000 10,000 - New Project Water Fund Projects: 61010 Nottingham Lake Liner Replacement 9,977 1,150,488 - 139,535 1,300,000 1,300,000 1,300,000 - To Be Completed - 2014 Strategic Planning: 79108 Feasibility Study - TCW Lots B & C - 3,500 - - 3,500 - - - Completed - 2013 Communications and Technology: 81005 Paperless Packets - 22,441 - - 22,441 26,950 26,950 - Completed - 2013 81006 UHF Radio System and Repeater - 32,380 - - 32,380 34,800 34,800 - Completed - 2013 81007 Security Camera System - 30,760 - - 30,760 30,515 30,515 - Completed - 2013 81008 Digital Ticketing - - 60,000 60,000 60,000 60,000 60,000 - To Be Completed - 2014 81009 CityVision Budgeting Software System - - 40,000 40,000 40,000 40,000 40,000 - To Be Completed - 2014 81010 Timekeeping Software and Peripheral Devices - - 35,000 35,000 35,000 35,000 35,000 - To Be Completed - 2014 Total Capital Improvement Projects 3,109,310$ 11,803,115$ 5,128,760$ 5,606,585$ 20,414,715$ 21,529,782$ 21,669,782$ 140,000$ TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 16, 2014 Agenda Topic: Post Boulevard Landscaping Improvements Town of Avon began receiving a 0.75% Public Improvement Fee (PIF) on November 1, 2013, on retail sales in the Village (at Avon). A total of $215,000 has been collected through February, 2014, yielding a monthly average of $54,000 (rounded). The PIF, through lawsuit settlement negotiations, provides funding for operation and maintenance costs for services provided by the Town in the Village, as well as maintenance funds for the roadway and landscaping of Post Boulevard and other right-of-ways in the Traer Creek Metro District (TCMD). These improvements will be transferred into Town ownership once settlement is implemented. With receipt of PIF funds and approach of the 2015 World Alpine Championships, five important projects have been identified for planned completion by December 1, 2014: • Post Boulevard Landscape clean-up & refurbishment, including irrigation system • Post Boulevard Lighting and electrical system improvements • Street signage and striping update to match the new plan for Avon Road • Improved safety signage and lighting for the US 6 roundabout • Walmart bus shelter, in funding partnership with ECO The April 22nd Council meeting presentation focuses on the Post Boulevard landscape improvements. Description of Design Pedro Campos, Zehren and Associates, has been retained to design the landscaping refurbishment program. Pedro completed the original landscaping design for TCMD in 2003, and therefore is knowledgeable of the improvements as constructed and the TCMD design guidelines that govern the areas. The conceptual design for the landscape refurbishment is presented in the Attachment. The original 2003 Post Boulevard landscape design is being used as basis for the landscape improvements with appropriate plant substitutions and alternate design treatments where necessary. Key goals of the design are to create a regionally appropriate landscape that is attractive while reducing the overall consumption of water, energy and resources for operation, upkeep and maintenance. The plans calls for cleaning up the existing landscaping, re-using the cobble ground cover, and using ornamental grasses and drought tolerant trees, shrubs, and perennials to match the new landscape installation on Avon Road. Schedule This plan has been submitted to the Traer Creek Metro District DRB for action. No date for review has been established; however, Staff anticipates that this project will be bid out in late May for construction in June and July of this year. Budget The construction cost estimate is not complete at this time but is expected to be between $100,000 to $150,000, and will be paid for exclusively with PIF funds. The PIF revenues and Post Boulevard Landscaping Project expenditures will be provided in a General Fund budget amendment scheduled for the May 13, 2014, Town Council meeting. The other projects listed above will also be presented for construction this year as work progresses on design and construction cost estimates. Attachment: Post Boulevard Landscape Improvements dated April 14, 2014 po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Me d i a n A r e a 1 Re m o v e a l l A s p e n , k e e p h e a l t h y s h r u b s , p l a n t a d d i t i o n a l sh r u b s , g r a s s e s a n d l i m i t e d p e r e n n i a l s . Me d i a n A r e a 1 Ov e r a l l P l a n t i n g D e s i g n C o n c e p t - M e d i a n s M e d i a n A r e a 2 M e d i a n A r e a 3 Me d i a n A r e a 2 Ro u n d a b o u t # 2 Ro u n d a b o u t # 3 Ro u n d a b o u t # 4 Ro u n d a b o u t # 5 Ro u n d a b o u t # 1 Re m o v e d e a d a s p e n , e s t a b l i s h r y t h m o f 1 0 e x i s t i n g a s p e n , th e n r e m o v e 6 a s p e n a n d r e p l a c e w / t w i n r o w o f K a r l F o - er s t e r R e e d G r a s s , r e p e a t p a t t e r n . P l a n t l i m i t e d p e r e n n i - al s a t m e d i a n t e r m i n a t i o n p o i n t s Li m i t o f W o r k ( t y p . ) Me d i a n A r e a 3 Re m o v e a l l a s p e n a n d p l a n t t o m i m i c t h e s h r u b s a n d gr a s s e s a t A v o n R o a d . P l a c e l i m i t e d p e r e n n i a l s a t m e d i a n te m i n a t i o n s a n d p l a n t a s m a l l n u m b e r o f c r a b a p p l e a n d Dw a r f S p r u c e t r e e s . po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Ov e r a l l P l a n t i n g D e s i g n C o n c e p t - R o u n d a b o u t s Ro u n d a b o u t # 2 Ro u n d a b o u t # 2 Ro u n d a b o u t # 3 Ro u n d a b o u t # 3 Ro u n d a b o u t # 4 Ro u n d a b o u t # 4 Inte r s t a t e 7 0 Pos t B o u l e v a r d Ro u n d a b o u t # 5 Roundabout #5 Ro u n d a b o u t # 1 Ro u n d a b o u t # 1 1 1 2 2 3 3 5 5 4 4 6 6 6 8 7 7 7 1 1 2 2 3 3 5 5 4 4 6 6 7 7 1 1 2 2 3 3 5 5 4 4 6 6 7 7 8 8 1 1 2 2 3 3 5 5 44 1122 33 55 44 Pr o p o s e d P l a n t s : 1. C o l o r a d o B l u e S p r u c e ( 3 ) 2. R e d t w i g D o g w o o d ( 8 ) 3. P u r p l e C o n e F l o w e r ( 3 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 2 ) 5. S h a s t a D a i s y ( 1 6 4 ) 6. F e a t h e r R e e d G r a s s ( 4 2 ) 7. M i d n i g h t S a g e ( 1 6 8 ) 8. B l u e F e s c u e ( 2 0 4 ) Pr o p o s e d P l a n t s : 1. P o n d e r o s a P i n e ( 3 ) 2. R e d t w i g D o g w o o d ( 1 2 ) 3. B l a n k e t F l o w e r ( 3 7 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 4 ) 5. M i d n i g h t S a g e ( 1 3 2 ) 6. F e a t h e r R e e d G r a s s ( 3 6 ) 7. R e d Y a r r o w ( 1 1 4 ) Pr o p o s e d P l a n t s : 1. B r i s t l e c o n e P i n e ( 3 ) 2. M o u n t a i n S n o w b e r r y ( 9 ) 3. P o t e n t i l l a ( 5 5 ) s a l v a g e 4. M o o n s h i n e Y a r r o w ( 3 0 ) 5. F i r e c r a c k e r P e n s t e m o n ( 1 0 5 ) 6. P u r p l e C o n e f l o w e r ( 1 3 5 ) 7. F e a t h e r R e e d G r a s s ( 9 ) 8. B l u e A v e n a G r a s s ( 3 5 ) Proposed Plants:1. Pinion Pine (3)2. Three Leaf Sumac (9)3. Creeping Oregon Grape 4. Silvermound Sage (227)5. Feather Reed Grass (9)Proposed Plants:1. Rocky Mtn Juniper (3)2. Russian Sage (9)3. Blue Rabbitbrush (72)4. Feather Reed Grass (15)5. Soapweed Yucca (144) po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Ro u n d a b o u t # 1 R o u n d a b o u t # 2 R o u n d a b o u t # 3 R o u n d a b o u t # 4 R o u n d a b o u t # 5 2 0 1 4 I m p r o v e m e n t s 1. Remove, clean, and replace existing cobble 2. Re-install metal edging to be consistent with original design 3. Add cobble to certain areas to improve original design intent (particularly roundabout #2)1. Fine grade roundabouts to match original design grades by adding topsoil to areas where settlement has occurred 2. Addition of soil amendments Pl a n t i n g La y o u t Gr a d i n g R1 2 ' - 0 " 6.0 1 CT R PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R 4'-0" R1 6 ' - 6 " R22 ' - 6 " 10'-0" 10'-0" CL 19 . 3 9 ° 100. 2 4 ° 100.24° NO T E S : 1. S T A K E A L I G N M E N T O F S T E E L E D G E S T O B E A P P R O V E D BY L A N D S C A P E A R C H I T E C T B E F O R E I N S T A L L A T I O N 2. R E F : L 6 . 0 1 F O R P L A N T I N G L A Y O U T PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R EX I S T I N G F L ( R F ) 0 BO C +01 . 2 2 +02 . 3 0 +0 1 . 5 2 +02 . 4 0 +0 1 . 9 0 +0 3 . 0 0 +0 1 . 9 0 +0 2 . 3 0 +02 . 4 0 +0 3 . 0 0 +0 4 . 1 6 HP+04 . 3 3 +0 4 . 1 6 +03 . 6 5 +03 . 6 5 +0 4 . 1 6 +0 1 +02 +03 +0 4 +0 1 +0 2 +0 3 +0 2 +0 3 +0 4 HP+04 . 3 3 3% 3% TYP. 3% 3% 3% 3 % 24.00° 30. 0 0 ° 18.00°28.25° 30. 0 0 ° 24.0 0 ° 18.00 ° 28.25° 33% TYP. 2.4% APPROX. 2.4% 3% 3% 3% 3% DUENORTH L 19 . 3 9 ° 1 GR A D I N G P L A N A T R O U N D A B O U T 1 1/4 " = 1 ' - 0 0 " NO R T H APPRO X . 5 % APPR O X . 5% +0 4 +5. 0 0 +5 . 0 0 +5. 0 0 +5. 0 0 +5 . 0 0 +5. 0 0 +5. 0 0 +5 . 0 0 +5. 0 0 +5. 0 0 +5 . 0 0 +5 . 0 0 +04 +0 4 +0 4 +0 4 +0 3 +0 3 +02 +04 +0 4 +0 3 +0 2 +0 2 +03 +0 4 +0 2 +0 3+0 4 +0 4 +0 3 +0 2 +0 2 +0 3 +0 4 CE N T E R E L E V AP P R O X . + 5 . 5 0 AP P R O X . 5% T Y P . AP P R O X . 15 % APPR O X .20% 3% TYP. DUESOUTH RP @ E X I S T I N G F L +0BO C +01 . 2 2 APPROX . 20% EX I S T I N G R O L L CU R B A N D GU T T E R PR E C A S T C U R B AP P R O X . 12% 3% TY P . 1 GR A D I N G P L A N A T R O U N D A B O U T 2 1/4 " = 1 ' - 0 0 " NO R T H PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R RP @ E X I S T I N G F L +0 +5 . 0 0 CT R E L E V AP P R O X . + 5 . 5 0 AP P R O X . 5% T Y P . +5. 0 0 +5 . 0 0 +5. 0 0 BO C +1 . 2 2 +4 . 5 0 +3 . 7 6 +2 . 9 3 +2. 1 9 AP P R O X . 18 . 5 % AP P R O X . 1% AP P R O X . 5% T Y P . +4 . 6 5 APPROX.4%APPROX.8.5%+4. 8 8 +4. 7 2 +4. 5 4 +4. 3 8 APPROX.8.5%APPROX.4% AP P R O X . 1% +0 2 +0 2 +0 2 +0 2 +0 3 +03 +0 3 +03 +0 3 +04 +0 4 +04 +0 4 +0 4 +0 4 +0 4 +0 4 +03 +0 3 +0 4 DU EWE S T 1 GR A D I N G P L A N A T R O U N D A B O U T 3 1/4 " = 1 ' - 0 0 " NO R T H PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R CT R DU EWE S T RP @ E X I S T I N G F L +0 +5 . 0 0 +5 . 0 0 +5. 0 0 +5 . 0 0 AP P R O X . 10 % AP P R O X . 5% CT R E L E V . AP P R O X . + 5 . 5 0 AP P R O X . 5% T Y P . APPR O X .10%APPROX. 10% 3% TY P . +0 4 +0 4 +0 4 +04+0 3 +0 3 +0 3 +0 3 +0 2 +0 2 APPROX . 20%APPROX.20% AP P R O X . 15% 3% TYP. AP P R O X . 33 % 1 GR A D I N G P L A N A T R O U N D A B O U T 4 1/4 " = 1 ' - 0 0 " NOR T H PRECAST CURBEXISTING ROLL CURB AND GUTTER RP @ E X I S T I N G F L +0 +5 . 0 0 +5. 0 0 +5 . 0 0 +5 . 0 0 A PP R O X . 1.5 % CT R CT R E L E V . AP P R O X . + 5 . 5 0 AP P R O X . 5% T Y P . A P P R OX . 20 % T Y P . APPROX . 9.6% AP PROX. 9.6 % +0 4 +0 4 +04 +0 4 +0 4 +0 4 +0 4 +0 4 +03 +03 +0 3 +02 120.0 0 ° DUENORTH 1 GR A D I N G P L A N A T R O U N D A B O U T 5 1/4" = 1 ' - 0 0 " NO R T H 4'-0 " 4'- 6 " 5'-0 " 4'-0 " 3 ' - 0 " 3'-0 " 4'-0 " 4'-6 " 4'-0 " 5'-0 " R1 2 ' - 0 " 6.0 1 PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R 6. 0 1 CT R NO T E S : 1. S T A K E A L I G N M E N T O F S T E E L E D G E S T O B E A P P R O V E D BY L A N D S C A P E A R C H I T E C T B E F O R E I N S T A L L A T I O N 2. R E F : L 6 . 0 3 F O R P L A N T I N G L A Y O U T (0 , 0 ) (0, 1 2 ) (0 , 1 4 ) (0 , 2 0 ) (0 , 2 8 ) (0 , - 1 2 ) (0 , - 1 4 ) (0 , - 2 0 ) (0 , - 2 6 ) (-1 2 , 0 ) (1 2 , 0 ) (14 , 0 ) (-2 6 . 5 , - 4 ) (-1 4 , 0 . 5 ) (2 0 , 0 ) (2 7 , 0 ) 3 0691215182124273033(ft ) -3 -6 -9 -1 2 -1 5 -1 8 -2 1 -2 4 -2 7 -3 0 -3 3 (ft ) 0 3 6 9 1 2 1 5 1 8 2 1 2 4 2 7 3 0 -3 -6 -9 -1 2 -15 -18 -21 -2 4 -2 7 -3 0 -3 3 (ft ) (-2 1 , 7 ) 6.0 1 TYP . PR E C A S T C U R B EX I S T I N G R O L L CU R B A N D GU T T E R CTR NOT E S : 1. S T A K E A L I G N M E N T O F S T E E L E D G E S T O B E A P P R O V E D BY L A N D S C A P E A R C H I T E C T B E F O R E I N S T A L L A T I O N 2. R E F : L 6 . 0 4 F O R P L A N T I N G L A Y O U T R1 2 ' - 0 " TRUE NORTH CT R R14 ' - 0 " 15 . 0 0 ° TY P . 15.00°TYP. R28 ' - 0 " 6. 0 1 TY P . PRECAST CURBEXISTING ROLL CURB AND GUTTER 6.0 1 NOT E S : 1. S T A K E A L I G N M E N T O F S T E E L E D G E S T O B E A P P R O V E D BY L A N D S C A P E A R C H I T E C T B E F O R E I N S T A L L A T I O N 2. R E F : L 6 . 0 5 F O R P L A N T I N G L A Y O U T Ov e r a l l P l a n t i n g D e s i g n C o n c e p t , L a y o u t a n d G r a d i n g - R o u n d a b o u t s Gr a d i n g i s in n e e d o f re v i s i o n 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 5 5 5 5 5 5 5 5 5 5 4 4 4 4 4 4 4 4 4 4 6 6 6 6 6 6 6 8 7 7 7 8 8 7 7 7 7 1. Remove weeds, eradicate future weeds with pre-emergent herbicide.2. Clean up cobble and edging, re-position per layout and grading plan.3. Signature coniferous / evegreen trees at the center of each roundbout.4. Apply a cohesive plant palette of shrubs and grasses. 5. Use arid and drought tolerant plant species. po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Ro u n d a b o u t # 1 Ro u n d a b o u t # 2 Ro u n d a b o u t # 3 Ro u n d a b o u t # 4 Roundabout #5 Su m m a r y : 20 1 4 P r o p o s e d R o u n d a b o u t P l a n t i n g D e s i g n 1 1 1 1 11 1 1 1 1 2 2 2 2 22 2 2 2 2 3 3 3 3 33 3 3 3 3 5 5 5 5 55 5 5 5 5 4 4 4 4 44 4 4 4 4 6 6 6 6 6 6 6 8 7 7 7 8 8 7 7 7 7 Pr o p o s e d P l a n t s : 1. C o l o r a d o B l u e S p r u c e ( 3 ) 2. R e d t w i g D o g w o o d ( 8 ) 3. P u r p l e C o n e F l o w e r ( 3 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 2 ) 5. S h a s t a D a i s y ( 1 6 4 ) 6. F e a t h e r R e e d G r a s s ( 4 2 ) 7. M i d n i g h t S a g e ( 1 6 8 ) 8. B l u e F e s c u e ( 2 0 4 ) # Pr o p o s e d P l a n t s : 1. P o n d e r o s a P i n e ( 3 ) 2. R e d t w i g D o g w o o d ( 1 2 ) 3. B l a n k e t F l o w e r ( 3 7 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 4 ) 5. M i d n i g h t S a g e ( 1 3 2 ) 6. F e a t h e r R e e d G r a s s ( 3 6 ) 7. R e d Y a r r o w ( 1 1 4 ) # Pr o p o s e d P l a n t s : 1. B r i s t l e c o n e P i n e ( 3 ) 2. M o u n t a i n S n o w b e r r y ( 9 ) 3. P o t e n t i l l a ( 5 5 ) s a l v a g e 4. M o o n s h i n e Y a r r o w ( 3 0 ) 5. F i r e c r a c k e r P e n s t e m o n ( 1 0 5 ) 6. P u r p l e C o n e f l o w e r ( 1 3 5 ) 7. F e a t h e r R e e d G r a s s ( 9 ) 8. B l u e A v e n a G r a s s ( 3 5 ) # Pr o p o s e d P l a n t s : 1. P i n i o n P i n e ( 3 ) 2. T h r e e L e a f S u m a c ( 9 ) 3. C r e e p i n g O r e g o n G r a p e 4. S i l v e r m o u n d S a g e ( 2 2 7 ) 5. F e a t h e r R e e d G r a s s ( 9 ) # Proposed Plants:1. Rocky Mtn Juniper (3)2. Russian Sage (9)3. Blue Rabbitbrush (72)4. Feather Reed Grass (15)5. Soapweed Yucca (144)# 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Ro u n d a b o u t # 1 Su m m a r y : P r o p o s e d P l a n t s : 1. C o l o r a d o B l u e S p r u c e ( 3 ) 2. R e d t w i g D o g w o o d ( 8 ) 3. P u r p l e C o n e F l o w e r ( 3 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 2 ) 5. S h a s t a D a i s y ( 1 6 4 ) 6. F e a t h e r R e e d G r a s s ( 4 2 ) 7. M i d n i g h t S a g e ( 1 6 8 ) 8. B l u e F e s c u e ( 2 0 4 ) Ro u n d a b o u t # 1 P r o p o s e d P l a n t i n g D e s i g n 1 1 2 2 3 3 5 5 4 4 6 6 6 8 8 7 7 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . # po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Su m m a r y : P r o p o s e d P l a n t s : 1. P o n d e r o s a P i n e ( 3 ) 2. R e d t w i g D o g w o o d ( 1 2 ) 3. B l a n k e t F l o w e r ( 3 7 2 ) 4. M o o n s h i n e Y a r r o w ( 1 1 4 ) 5. M i d n i g h t S a g e ( 1 3 2 ) 6. F e a t h e r R e e d G r a s s ( 3 6 ) 7. R e d Y a r r o w ( 1 1 4 ) Ro u n d a b o u t # 2 P r o p o s e d P l a n t i n g D e s i g n 1 1 2 2 3 3 5 5 4 4 6 6 7 7 Ro u n d a b o u t # 2 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . # po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Su m m a r y : P r o p o s e d P l a n t s : 1. B r i s t l e c o n e P i n e ( 3 ) 2. M o u n t a i n S n o w b e r r y ( 9 ) 3. P o t e n t i l l a ( 5 5 ) s a l v a g e e x i s t i n g 4. M o o n s h i n e Y a r r o w ( 3 0 ) 5. F i r e c r a c k e r P e n s t e m o n ( 1 0 5 ) 6. P u r p l e C o n e f l o w e r ( 1 3 5 ) 7. F e a t h e r R e e d G r a s s ( 9 ) 8. B l u e A v e n a G r a s s ( 3 5 ) Ro u n d a b o u t # 3 P r o p o s e d P l a n t i n g D e s i g n 1 1 2 2 3 3 5 5 4 4 # 6 6 7 7 8 8 Ro u n d a b o u t # 3 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Su m m a r y : P r o p o s e d P l a n t s : 1. P i n i o n P i n e ( 3 ) 2. T h r e e L e a f S u m a c ( 9 ) 3. C r e e p i n g O r e g o n G r a p e ( s a l v a g e e x i s t i n g ) 4. S i l v e r m o u n d S a g e ( 2 2 7 ) 5. F e a t h e r R e e d G r a s s ( 9 ) Ro u n d a b o u t # 4 P r o p o s e d P l a n t i n g D e s i g n 1 1 2 2 3 3 5 5 4 4 Ro u n d a b o u t # 4 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . # po b o x 9 7 5 . a v o n . c o l o r a d o 8 1 6 2 0 . 9 7 0 7 4 8 4 0 0 0 . w w w . a v o n . o r g po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com To w n o f A v o n Zehren and Associates, Inc. Post Boulevard Landscape Improvements April 14, 2014 Su m m a r y : P r o p o s e d P l a n t s : 1. R e m o v e w e e d s , e r a d i c a t e f u t u r e w e e d s w i t h p r e - e m e r g e n t h e r b i c i d e . 2. C l e a n u p c o b b l e a n d e d g i n g , r e - p o s i t i o n p e r l a y o u t a n d g r a d i n g p l a n . 3. S i g n a t u r e c o n i f e r o u s / e v e g r e e n t r e e s a t t h e c e n t e r o f e a c h r o u n d b o u t . 4. A p p l y a c o h e s i v e p l a n t p a l e t t e o f s h r u b s a n d g r a s s e s . 5. U s e a r i d a n d d r o u g h t t o l e r a n t p l a n t s p e c i e s . 1. R o c k y M o u n t a i n J u n i p e r ( 3 ) 2. R u s s i a n S a g e ( 9 ) 3. D w a r f B l u e R a b b i t b r u s h ( 7 2 ) 4. F e a t h e r R e e d G r a s s ( 1 5 ) 5. S o a p w e e d Y u c c a ( 1 4 4 ) Ro u n d a b o u t # 5 P r o p o s e d P l a n t i n g D e s i g n 1 1 2 2 3 3 5 5 4 4 Ro u n d a b o u t # 5 # WEST AVON PRESERVE MOUNTAIN BIKE TRAILS PAGE 1 OF 4 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 16, 2014 Agenda Topic: West Avon Preserve Mountain Bike Trails INTRODUCTION: The West Avon preserve is a 478-acre open space parcel recently obtained by the Town of Avon. The Vail Valley Mountain Bike Association (VVMBA) is a local volunteer group that is in the process of constructing mountain bike trails in the West Avon Preserve. They completed the Avon- Singletree connector trail (ASC) last year and are currently constructing the Saddleridge trail that will connect from the ASC to Beaver Creek Point in Wildridge. Last year, the Town, in partnership with VVMBA, received a $15,450 grant from Eagle County to complete the Saddleridge Trail, including monies for construction of the trail and trailhead signage. The Town has budgeted $10,000 for trailhead parking on Nottingham Road. Since the grant application, VVMA has nearly completed the trail without construction assistance and is requesting the Town and Eagle County transfer the grant monies from construction to preparing a master plan for the mountain bike trails in the West Avon Preserve and Wildridge. Figure 1 outlines a conceptual and comprehensive multi-use trail plan prepared by VVMBA, which can be refined with the help of a mountain bike trail specialist. TRAIL LOCATION APPROVALS: Presenting the mountain bike trails plan to the public is an important step prior to approval and funding. The trail locations must be approved by both the Town and the Eagle Valley Land Trust, the holder of the conservation easement on the West Avon Preserve. The request to the Land Trust will be to modify the conservation easement. In previous meetings, the Eagle Valley Land Trust has been positive about constructing more mountain bike trails as long as the trail is sustainable. Staff recommends the Town consider holding joint public open houses to obtain public comment on the proposed mountain bike trails and then, based upon those meetings, present one or more trail elements in the plan to Town Council for adoption and action by the Land Trust. The other obvious option is for the Town to hold its own open house(s). TWO PLANNING AND CONSTRUCTION PROPOSALS: Over the last two weeks, two qualified trail planning and construction firms were on-site and evaluated the proposed trail system and provided costs and timeframes for completing the trails: • Momentum Trail Concepts has submitted a proposal to design-build the proposed 7.5 miles of trails in the plan for $122,000. The project would take approximately 12 weeks. Momentum has a window in June to start the project, however, the Town of Avon Procurement Policy requires projects over $100,000 to be formally bid, which will take six weeks. Momentum has stated that if the 2014 June window cannot be met, they would be available to do the work in 2015. (Attachment A) • Trails Solutions/IMBA evaluated the trails as follows: (Attachment B) WEST AVON PRESERVE MOUNTAIN BIKE TRAILS PAGE 2 OF 4 1. Lee's Way: terrain not suitable for MTB flow trail would be an excellent shared-use dual- direction, advanced hand-built (lower priority). This keeps trail out of riparian zone and ensures its longevity. 2. Saddle Ridge: Original design proved that approximately 6 turns need adjustments to lessen grades (before construction). 3. Easy Loop: Great terrain for family flow and or XC, terrain and parking area suitable for MTB skills zone 4. ASC Green link: Great idea, it could also include a short flow trail from upper blue leg descending towards Green Hub. 5. ASC West of Tool Cache: might need a short new link along south facing slope to give early season trail users a dry option up the ridge. 6. Masher: Upper and lower terrain very suitable for Family Gravity though middle side slopes increase to the 45% to 75%. It may be our best zone possibility for this type of trail. From this assessment, Trail Solutions provided a flagging budget, with turn adjustments on certain Saddleridge turns and optional services for mapping and public presentations. These costs range from $7,000 to $8,500. Trails Solution also encourages the use of volunteer teams to construct most of the trails, also under a design-build model as has been done for the Saddleridge Trail. VVMBA has eight certified trail construction leaders, who can lead volunteers, including large crews such as those available this fall through Vail Resorts’ Echo Day Project. Trails Solutions is also qualified to oversee paid construction workers. Both firms indicated the importance of second year funding for new trails to fully stabilize sections which may have failed. • During the time spent with Trails Solutions and Momentum: A better trail layout was identified than in the VVMBA map being used for the discussions with the firms. As a result, VVMBA amended its map as now shown in Figure 1. VVMBA and staff also concluded that final trail layout still needs to identify private property lines and steep grades. This is recommended prior to community meetings. Staff concluded that design-build, as now being done on the Saddleridge Trail, for easy to moderate grades can be constructed by volunteer labor or a trail cutter machine. More difficult grades would benefit from trail cutter machine builds, such as offered by Momentum. FUNDING: Town staff believes the County will be amenable to transferring the balance from the grant after signage expenditures to trail planning and/or construction of approved trails in the West Avon Preserve. The balance is $12,450. No other funds are currently budgeted for constructing mountain bike trails in 2014. There are several options for funding and constructing the mountain bike trails including: • There are generous grant opportunities available from the Colorado State Recreational Trails Grant Program for both planning and trail construction, with award amounts available for the total estimate from Momentum and greater ($200,000). A local 30% match (10% must be cash) is required. The earliest funding award would be for 2015 construction. Deadline for submittal of this grant is in November, 2014 for 2015 construction. • The VVMBA can also continue to construct the trails by volunteers for little cost but it could take longer to complete the vision. WEST AVON PRESERVE MOUNTAIN BIKE TRAILS PAGE 3 OF 4 • New Town funds can be appropriated by the Town Council. • A combination volunteer, grant funded, and Town funded program can also be considered. Staff is currently updating all 2014 capital projects, including but not limited to the West Avon Preserve Trails, Nottingham Park Stage, Avon Road, the Pedestrian Mall, and the Eagle Valley Trail Bridges phase. Staff supports appropriating money to develop design plans, through a request to the County for a grant amendment, but recommends all project construction cost estimates be completed to assist Council in prioritizing expenditures for 2014. STAFF RECOMMENDATION: Staff sees the opportunity for West Avon Trail development to meet a number of important objectives for the Town, including development of a recreational amenity which provides for healthy activity and, if several trails are approved at different ability levels, the establishment of a notable mountain bike and hiking “place” for residents and tourists. Based upon the information gathered for community review, Land Trust approval, planning, bidding, funding and construction, staff has prepared the following options for Council direction, including our preferred option: Option #1: Staff Preferred: 2014 - Construct Masher and Playground Way/Easy Loop with design-build volunteer labor/VVMBA leadership and apply for grants for 2015 trail cutter machine construction of Wild West Ridge and Lee’s Way Trails • April 23 – May 2nd VVMBA/Town Finalize trail layout, including property lines and steep grades, prepare GIS map • May 6 & 7 Hold open houses with Eagle Valley Land Trust in Wildridge • Week of May 12th Eagle County request to amend grant for use in constructing one or more portions for design-build of Masher and Playground Way, Easy Loop and Beaver Creek overlook • By May 15th EVLT approvals • June 1st Commence construction with volunteers and paid staff with County grant funds, as approved • November 1st Application for State Trails Grant – Wild West Ridge & Lee’s Way • Spring 2015 Construct Wild West Ridge & Lee’s Way and consider balance of Masher, Playground, if not completed WEST AVON PRESERVE MOUNTAIN BIKE TRAILS PAGE 4 OF 4 Option #2: Construct all trails in 2014 with mechanical equipment and fund from Town Capital Projects Fund – or prepare grant for 2015 construction • April 23 – May 2nd VVMBA/Town Finalize trail layout, including property lines and steep grades, prepare GIS map Prepare bid documents for mechanical build of all trails, subject to approval of EVLT and Town Council • May 6 & 7th Hold open houses with Eagle Valley Land Trust in Wildridge • Week of May 12th Eagle County request to amend grant for use in constructing one or more portions of all trails • By May 15th EVLT approvals • June 10th & June 13th Bid Opening & Council Appropriation • OR: November 1st apply for State grants and construct all trails in 2015 Figure 1: Mountain Bike Trails Plan Avon Trail Design – Proposal 11 April 2014 Lee Rimel Avon, CO leerimel@gmail.com 11 April 2014 Dear Lee, Please find attached a proposed scope and fee for IMBA’s Trail Solutions program to assist you with finalizing the design of key trails in Avon. We appreciate the opportunity to work with the community to develop sustainable trail opportunities for the area’s residents. Regards, Chris Bernhardt, Director of Consulting Services International Mountain Bicycle Association chris.bernhardt@imba.com ATTACHMENT A Avon Trail Design – Proposal 11 April 2014 Scope and Fee TASK 1 – TRAIL FLAGGING Design and provide corridor flagging for the following trails (lengths are approximate): • Easy Loop = 1.0 mile • Family MTB fun zone = 0.75 mile • Playground Way = 1.0 mile • Masher Main = 2.0 miles • Masher connect to ASC Loop = 0.5 mile • Masher connect to Saddleridge/ASC Hub = 0.5 mile • Masher connect to ASC/Avon Trailhead = 0.75 mile • ASC Loop = 0.5 mile Fee = $6,625 TASK 2 – ADJUST TURNS ON SADDLE RIDGE Assess and redesign turns on Saddle Ridge. Fee = $495 TASK 3 (optional) – TRAIL ALIGNMENT MAP GPS flagged routes and insert onto basemap; submit GPS tracklog. Fee = $970 TASK 4 (optional) – SUSTAINABLE TRAIL PRESENTATION Prepare for and provide presentation to land manager, stakeholders, and other interested parties. Fee = $600 ATTACHMENT A Avon Trail Design – Proposal 11 April 2014 Agreement This document sets forth the agreement for retention of IMBA’s Trail Solutions (herein referred to as “TS”) to provide services to City of Avon, CO, (herein referred to as “Client”) in connection with the above-noted project. The basis of IMBA’s Trail Solutions retention is described above and in the attached Conditions document. Approved for the City of Avon, CO By Name & Title Date Approved for IMBA’s Trail Solutions By Name & Title Chris Bernhardt, Director of Consulting Services Date 11 April 2014 Enl: Conditions ATTACHMENT A Avon Trail Design – Proposal 11 April 2014 Conditions: The following conditions will apply to the work performed by Trail Solutions: 1) Client and stakeholders will provide assistance to TS as needed during the project to ensure sufficient transfer of knowledge to aid the efficient execution of the project scope. 2) The specific dates of the visit will be determined by the consent of the Client and TS. Any proposed dates and durations are approximate. Specific start and finish dates will be determined by: weather conditions; site access conditions; availability of Client’s personnel, other stakeholders, and of TS staff; and other factors. TS will not be responsible for project delays or failures caused by any factors out of their control, including, but not limited to: weather; ground conditions; legal access; etc. Required additional mobilization because of changes to the schedule will be charged to the Client. 3) TS reserves the right to refuse to perform, promote, or execute any designs or proposals that are not, in TS’ opinion, sustainable, environmentally or socially sound, and/or in the best interest of affected parties. 4) Client shall provide maps detailing all existing trails, roads, and rights-of-way on properties, developed facilities, and access points. All property boundaries for the subject site shall be clearly identifiable and obvious. In the event that there are any questions regarding the location of property boundaries, the Client shall provide immediate assistance in determining their location. TS shall bear no responsibility or costs for efforts that cannot be accurately completed because of lack of accurate boundary information. 5) TS will flag the approximate trail corridor (20’ +/-) with intervisible markers. The flagging will be performed only once. TS is not responsible for loss of flagging/markers due to weather, animals, vandalism, vegetation change, etc. GPS tracks, if provided, are not differentially corrected. 6) Presentation must occur when TS is already at the project site (e.g., no separate mobilization). Client will provide suitable facilities for presentation. Indoor training facility must have tables, chairs, a screen, LCD projector, power, shades on windows, and be fully enclosed (e.g., no outdoor pavilions). 7) In order to be most efficient TS reserves the right to move hours between tasks without the expressed permission of Client. 8) Civil engineering, landscape architecture, and architecture design work to be done by others. 9) TS reserves the right to utilize the resulting work in promotional and/or marketing materials. 10) This proposal is valid for 15 days from the date of issue. After that time, TS reserves the right to revise or rescind the offer for its services. 11) Payment for services and expenses shall be rendered within 30 days of invoicing. ATTACHMENT A Hay Meadow Trail ProjecT ProPosal wesT avon Preserve Trails ProjecT sPring 2014 ProPosal submitted to Town of avon c/o Justin Hildreth, Town Engineer by Momentum Trail Concepts, llC ATTACHMENT B ProjecT overview Together with the town of avon, Momentum Trail Concepts endeavors to construct approximately 7-1/2 miles of trail in the West avon Preserve area. several unique trail experiences will be created, including: “Easy Loop” approximately 1 mile in length and located adjacent to the Wildridge neighborhood, this trail will serve as an introduction to mountain biking. overall trail width and grade will be suited to the beginner rider, while wide-radius turns will ensure a comfortable experience for riders of all levels. “Playground Way” This trail will begin at the playground in Wildridge and end at the “Easy loop”. also gentle in grade, this approximately 1-mile trail will serve to connect users and residents from “lee’s Way” to the “Easy loop”, “Beaver Creek overlook”, and “Masher”. “Beaver Creek Overlook” an existing, bi-directional double track route, Momentum Trail Concepts will re-align this route to improve safety, slow rider speeds, and better address drainage issues. “ASC Loop” located near the eastern end of the avon-singletree Connector trail, this half-mile trail will allow users to have a shorter trail experience without the rigors associated with some of the climbs on the existing trail. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal ATTACHMENT B “Flow Trails” These short sections of trail (approximately 1/2-mile each) located in the middle of the “Easy loop” and “asC loop” will serve users seeking to train on one particular trail for multiple laps. Designed to entertain and challenge, they will consist of banked turns, jumps, and rollers. These additions will prove popular with kids and young adults. “Masher” Trail approximately 2 miles in length, this unidirectional trail will begin at the terminus of the Beaver Creek overlook Trail and end at the eastern portion of the avon-singletree Connector Trail. Masher has the potential to become the signature trail in the parcel—featuring banked turns and rolling grade reversals to both enhance user experience and aid in sustainability. “Wild West Ridge” This unidirectional trail located at the western end of the parcel will serve as a destination trail for riders from across the state and region due to its length and potential for fun. approximately 2-1/4 miles long, Wild West ridge will also consist of banked turns, jumps, rollers, and incredible views. Trail sPecificaTions Proposed Construction Specifications single track trails constructed for this project will average between 12- 24 inches in width. soil and vegetation will be cleared from the trail, exposing mineral soil underneath. Tread will require a minimal 5% wesT avon Preserve Trails ProjecTsPring 2014 ProPosal ATTACHMENT B Proposed Construction Specifications (con’t) outslope to facilitate drainage, along with the wide dispersal of removed soil onto downhill side. Final preparation of trail will involve the smoothing and/or compaction of exposed mineral soil to a reasonable standard. Exposed roots and stone need not be removed. Further stone may be used to denote trail line and corral users onto correct trail line. Where necessary, constructed trail will be used in conjunction with full bench construction or other recognized trail construction techniques dependent on slope and ground conditions. it is anticipated that several features will be added to improve user experience on this trail, including berms, rollers, and beginner-level jumps. sTaTeMenT of QualificaTions Momentum trail Concepts is ably qualified to undertake this project and provide a trail product of the highest quality. We have multiple examples of this type of work in our resume—as recently as our work on the Hay Maker and Pool and ice trails in Eagle County in 2013, in Chile in 2012 and 2013, and dating back to 2005 with our help in constructing the World Cup cross country track in angel Fire, nM. additionally, we constructed more than 5 miles of cross country trails at the solVista Bike Park in granby, Co from 2008-2011. Please feel free to consult our website for examples of our work at www.momentumtrail.com. references are available upon request. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal ATTACHMENT B work scHedule and cosTs Schedule Momentum Trail Concepts estimates construction time for this project will take approximately 12 weeks. although we have existing commitments for 2014, with sufficient advance notice we can be available to begin as early as June 1, 2014. Costs • Momentum Trail Concepts submits a bid of $122,000 for the entirety of this project; including design, construction, lodging, fuel, and equipment rental. • We request a 1/3 deposit upon execution of the contract, 1/3 payment upon 50% completion, and 1/3 payment upon full completion to the town’s satisfaction. local volunTeers Momentum Trail Concepts understands avon has an incredibly strong biking population with a well-earned reputation for doing great trail work and being stewards of the land. it is understood we’ll work closely with members of the VVMBa to make a great trail riding experience for riders of all abilities. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal ATTACHMENT B NOTTINGHAM PARK PERFORMANCE STAGE – STAGE LOCATION & DESIGN FUNDING PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, Town Engineer Virginia Egger, Town Manager Date: April 16, 2014 Agenda Topic: Nottingham Park Performance Stage – Stage Location & Design Funding At the February 22, 2014, Town Council meeting, the Council directed staff to further analyze potential stage locations at the upper athletic field. Working with VAg, the Town’s original stage architect, and local concert promoters, three locations were analyzed: in front of the playground, centered on the west end of the field and adjacent to the pumphouse. H.A. Nottingham Park Master Plan The Master Plan for Harry A. Nottingham Park (2008) supports the inclusion of a performing arts pavilion either in the vicinity of the current Municipal Building or integrated with a remodeled pumphouse. The survey of park users resulted in approximately 45% of the respondents supporting a performing arts pavilion. The Master Plan identifies the areas of the park for a pavilion as Zone A and Zone E. Zone A, is recognized as the common green, or events area of the park and Zone E is the area around Town Hall and the log cabin. The Master Plan includes several planning recommendations for Zone A, including “new pumphouse façade, possibly integrated with the future addition of a multi-purpose lakeside pavilion and larger rental concession spaces.” This zone is the small area at the southeast corner of the lake, just south of the pumphouse. Alternatively, the Master Plan recommends the “multi-purpose community pavilion/band shell” be located in Zone E. The Master Plan also contains other concepts for the pavilion such as the area immediately adjacent to the Municipal Building. That location was further explored with design and construction drawings in 2010. Location Discussion The 2010 stage design, originally planned for north of Town Hall, is the basis for the analysis of the stage location. The existing stage design is 25 FT deep by 46 FT wide and 35 FT tall. The stage was bid out in 2010 and the low bid came in at $573,000. Municipal Building No additional review was done. The location is believed to be less desirable because the stage would directly face a residential area and the horizontal nature of the field is to too expansive for viewers of the stage. A narrower, direct vertical alignment is preferred. One key advantage of the Municipal Building is the current 2010 stage design – a design for this site. Design and construction at this site will be the least costly. NOTTINGHAM PARK PERFORMANCE STAGE – STAGE LOCATION & DESIGN FUNDING PAGE 2 OF 3 Northwest of Playground This site is not included in options from the Master Plan. A review of the site concluded there would be poor load in, difficult grades, inadequate space for performer green room and ancillary concert tenting and playground impacts. In addition, this site would “spread out” buildings versus clustering facilities. Pumphouse Location – ATTACHMENT A The Pumphouse location is one of the site recommendations in the Master Plan. Advantages include: • A better view of lake and has more striking views for events like weddings • Congregates stage with the Pumphouse • The diagonal angle maximizes the use of the athletic field for events • Keeps the view corridor to the northwest • Expanded “on the lake” plaza Disadvantages: • Increased construction costs due to the need for additional grading, and the need to remodel the Pumphouse to match the stage (although the Pumphouse is due for a remodel). In addition, the schematic shown in Attachment A, has a “balancing” element to the north of the stage, which could be phased, but will add cost, if the design is maintained. Centered on West End of Athletic Field – ATTACHMENT A While not called out in the Master Plan as a preferred site, because of the close proximity to the Pumphouse and recent centering of the stage for WWG, this site was evaluated. Advantages include: • Simple layout for events making it more intuitive for the attendees • The Pumphouse does not have to be remodeled because it would not be attached, although it is recommended that the Pumphouse still be “reskinned” to prevent a mish-mash of architectural styles within a small distance in the park • Does not block the view of Bellyache Mountain Disadvantages: • Potential to dominate the view from the athletic field and adds a segregated structure rather than congregating facilities • Less plaza space overlooking the lake due to new wetland installation • Increased construction costs due to the need for additional grading, and, if desired, the need to remodel the Pumphouse to match the stage (although the Pumphouse is due for a remodel). Budget The project is not currently included in the 2014 Capital Improvement Plan budget. If Council chooses to prioritize the stage as a 2014 capital project, staff recommends Council appropriate $50,000 from the Capital Projects Fund Contingency line item to modify the 2010 design at the selected location. The estimated construction budget will be developed and presented at the June 24th meeting when a Capital Projects Fund budget amendment is scheduled as large project construction bids for Avon Road and Mall will be available. This will allow Town Council to evaluate all the existing projects and new projects on June 24th with available funds. Potential funding sources for construction of the stage, however, can include $508,330 from the Community Enhancement Fund and the 2013 General Fund surplus. NOTTINGHAM PARK PERFORMANCE STAGE – STAGE LOCATION & DESIGN FUNDING PAGE 3 OF 3 Schedule The goal is to construct the stage in 2014 for the 2015 winter events’ season. This is a very tight time frame so a final decision of the stage location must be made at the April 22, 2014, Town Council meeting to meet the schedule. Recommendation Staff is requesting Town Council to vote on a location for the stage and then appropriate $50,000 from the Capital Projects Fund Contingency line item to modify the 2010 stage design to the new location. Public Comment Attachment B includes an email from Pedro Campos, the landscape architect that developed the H.A. Nottingham Park Master Plans, with his recommendation for the stage location. Attachment C is comment from Scotty Stoughton, WinterWonderGrass. ATTACHMENTS A – Site Plan Layout B – Email from Pedro Campos C - Email from Scotty Stoughton, WWG Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 Co v e r S h e e t To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s 60 ' 30 ' 15 ' 0SC A L E : 1 : 3 0 Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 Ae r i a l P l a n o f E x i s t i n g P a r k To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s 60 ' 30 ' 15 ' 0SC A L E : 1 : 3 0 Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 Si t e P l a n O p t i o n A To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s 40 ' 20 ' 10 ' 0SC A L E : 1 : 2 0 Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 En l a r g e d S i t e P l a n O p t i o n A To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s 60 ' 30 ' 15 ' 0SC A L E : 1 : 3 0 Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 Si t e P l a n O p t i o n B To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s 40 ' 20 ' 10 ' 0SC A L E : 1 : 2 0 Nottingham P a r k P e r f o r m a n c e P a v i l i o n S i t e P l a n n i n g Av o n , C o l o r a d o : A p r i l 2 2 , 2 0 1 4 En l a r g e d S i t e P l a n O p t i o n B To w n o f A v o n 9 $ J , Q F $ U F K L W H F W V 3 O D Q Q H U V VA g i n c ar c h i t e c t s a n d p l a n n e r s ATTACHMENT B From: Pedro Campos [mailto:pedroc@zehren.com] Sent: Tuesday, April 15, 2014 9:47 AM To: Virginia Egger Cc: Matt Pielsticker Subject: RE: 1402 - HA Nottingham Performance Pavilion Site Planning - Progress Set Virginia / Matt: I marked up the VAG scheme with some suggested zones of use during events. And to convey the vision of how the overall spaces could be arranged if this location for the stage were chosen. There is new flat bench that was created with the Lake project that could be a great location for a beer tent. Also it could be neat to have a secondary stage closer to Lake Street and at the end of a row of vendors that would be organized along the walkway running in front of Town Hall. That walkway could become a festive market like the row of tents in Telluride, along one side of the venue. In the Park Plan that walkway was identified as the Main Street Extension. Now that the Main Street has gone away, this walkway should be considered as the pedestrian mall extension into the park with the new stage as a strong terminus. It would be very consistent with the vision in the Park Plan…… Anyhow, I thought it might be helpful to diagram these ideas of how things could work. Pedro Campos, RLA / ASLA Land Planner & Landscape Architect ____________________________________ Zehren And Associates, Inc. Architecture Planning Interiors P.O. Box 1976 Avon, CO 81620 ph (970) 949-0257 fax (970) 949-1080 www.zehren.com PedroC@zehren.com From: Pedro Campos [mailto:pedroc@zehren.com] Sent: Tuesday, April 15, 2014 8:22 AM To: Virginia Egger Cc: Matt Pielsticker; John Curutchet; Joe Histed; Justin Hildreth Subject: Re: FW: 1402 - HA Nottingham Performance Pavilion Site Planning - Progress Set Hi Virginia, Thank you very much for sharing these displays by VAg, Inc. I was completely unaware and had not seen this scheme but see that it is in the general direction I described and it confirms my own intuition. There is at least one other design professional that has the same or a similar response in addressing spatial relationship of the stage to the location and orientation of the field, the lake and the overall park. I definitely support the scheme and I would even suggest pushing the stage a little further to the southwest and closer to existing buildings, and angling a few more degrees so it is truly diagonal to the field. As I have stated, I personally believe nestling the stage near the existing cluster of buildings and trees, preserving the open lake views to the west, and using the area of the field as efficiently as possible with a diagonal layout are very good compromises even if the beer tents end up un- centered. There would still be a strong sense of organization and logical layout of ancillary functions in a diagonal arrangement. Tents could be lined up on the flanks of a diagonal layout, along the edges as the space as it radiates out. I could see a line of tents along the pathway on the south side of the field / in front of the Town Hall building, and across the way at the toe of the berm near the playground, with most of the area in the middle of the field free of clutter and ample space for people. I don't believe the centered scheme will balance the views and other uses in the park as successfully, and to me it suffers a bit from the 'lets put the TV in the center of the living room, because it makes the layout of the furniture easier" syndrome. One of the observations I made during WWG, was that if you stood in the center of the field and closer to the stage, you had no views to the west as the stage was dead center obstructing the view. I think the HANP venue offers the opportunity to have a great view of the stage AND good views of the Lake and west (sunset and mountains, etc) This is just my opinion and I understand if the decision goes the other way. An example of a non-centered stage would be the Town of Eagle Town Park, where the stage is at the northwest corner of the park and maximizes the area of their lawn, etc. I think the location of the VAG scheme would work similarly. I also like the little plaza that is shown and creates a space that is more intimate for smaller performances. Thanks for the opportunity to comment, I won't be able to join the group today and hope the group makes a good decision. Regards, Pedro Campos ATTACHMENT C April 18th, 2014 Scott Stoughton 411 Eagle Drive Avon, CO 81423 Council, I appreciate the opportunity to address the proposed new stage in Nottingham Park. I believe the addition of this element to Avon increases vitality and visibility of the park, seizes the moment to create the best venue space in the Vail Valley while enticing year round events both big and small. As an event producer, and one whom has consulted with various local and regional event planners, producers and production teams including Highline Sports & Entertainment and Resort Event, I come with consensus that a stage centered in the park will by far be the preferred position with regard to events. In the event production world we all strive for one simple thing, rectangular space. Nottingham Park is the absolute perfect venue for events of all sizes and the fact the space is a perfect rectangle calls for a perfectly placed, symmetrically aligned stage. I understand the goals of the facility and feel with proper planning and foresight into the actually stage design and build, this will be not only be a unique gathering place, but focal icon for the Town of Avon, now and into the future. I know of no other space in the Valley or surrounding communities that has the possibilities of Nottingham Park. When you take a walk into the Park and consider the southeast position verses the center stage alignment, is there actually a sacrifice of the view from one location to the next? Were the stage to land in the middle of the park, I could commit to using it for WinterWonderGrass, if it ends up in the corner I’m not sure it will make sense for my vision. I will however support any decision you make and feel either way it’s a great addition to the forward thinking position of the current Avon leadership! I’m available to answer any questions via email or phone to assist in this serious and exciting decision that will last a lifetime! All the Best, Scotty Stoughton TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: John Curutchet, Director of Parks and Recreation Date: April 17, 2014 Agenda Topic: Nottingham Park: The Beach, Disc Golf, and Avon Mountain Adventure Summer Camp Program and Recreation Center Waterslide/Pool and Locker Room Upgrades Summary A PowerPoint presentation has been prepared and is included in the Council packet for the activation of Nottingham Park with a swim beach area and a five-hole disc golf course. Also presented is a joint venture with Walking Mountains Science Center to offer a revamped summer camp program based on mountain adventures and activities. The presentation concludes with a concept for refurbishment of the waterslide with improvements to the pool area and locker room/shower remodel. Both projects are funding in the 2014 approved budget. I will be seeking Council direction on all the proposed programs. New Program Spotlight Swim Beach Disc Golf Avon Mountain Adventure Camp Waterslide and Locker Room Remodel Beach: Swim Options WARNING! NO LIFEGUARD ON DUTY SWIM AT YOUR OWN RISK Feedback suggests that the beach and swim area will be much more active and utilized by residents and guests at a higher volume if we do not charge an entrance fee. BEACH: PROPOSED SWIM FEE SCHEDULE and HOURS Adult (18+) $10.00 Youth (3-17) $6.00 Under 3 free Swimming area open Daily 12:00 p.m. to 6:00 p.m. June 15, 2014-September 1, 2014. Guests may pay cash, check or credit card at Nottingham Lake Cabin. All guests must sign in and present receipt to beach attendant prior to entering the swim beach area. Beach Budget With Staffing EXPENSES PROJECTION: Lifeguard I beach supervisor 42 hours per week @ $18.00/hour $756.00/week, $8,316.00/season Lifeguard II 84 hours per week @ $13.00/hour $1,092/ week, $12,012.00 season Two outdoor lifeguard chairs with umbrella, $1,500.00 One rescue board, $400.00 Expenses: Increase to operational budget for swim beach=$22,228.00 REVENUE PROJECTION: 20 adults per day at $10.00 each, $1,400/week, $15,400.00/season 20 youth per day at $6.00 each, $840.00/week, $9,240.00/season Revenue produced in this scenario $24,640.00 100% cost recovery Nottingham Park Disc Golf Non Fee based park amenity North side grass Five hole course, 405 yards. Four par 3 holes, one par 4 hole Avon Mountain Adventure Day Camp New this year!! Earn credits to become a Certified Mountain Adventurer! Avon Recreation Department is teaming up with Walking Mountains Science Center to offer our first ever Mountain Adventure Camp. Campers will participate in team based and individual outdoor skills and lessons throughout the summer earning points towards becoming an Avon Mountain Adventurer! ADVENTURE CAMP BUDGET REVENUE: Likely scenario: 40 campers per day, $68,040.00 52 campers per day(capacity) $89,232.00 $33.00 per day enrollment 11 weeks No camp July 2, 3,16 2013 summer camp: average: 36 campers per day at $38.00/day EXPENSES: $63,707.00 Staff Counselors: $34,100 Full Time Salary: $10,500 General overhead: $6,000 Food for campers: $1,900 Field Trips: $4,800 Marketing: $1,200 Vehicle expense $1,601 (fuel and service charge) 6% Contingency: $3,606 Waterslide Locker Room Indiana Jones, Jungle theme Refurbish existing slide and flume Re-activate two existing features Create new waterfall feature Paint and mural theme slide wall and concrete supports. Paint slide flume with theme New “Adirondack” chairs Radar gun with speed display on slide Lights, thunder sounds above slide New tile in showers New sinks and vanities Fresh paint Tile accents below locker benches Updated lighting Barn wood framed mirrors 2014 Recreation Center C.I.P LOCKER ROOM REMODEL Projected cost: $99,160 Current Budget: $60,000 Estimated completion date: September 14, 2014 SLIDE POOL REMODEL Projected cost: $100,000 Current Budget: $100,000 Estimated completion date: September 14, 2014 TOWN OF AVON, COLORADO SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 09-17-2013 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds arrived at 4:10 pm. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to the following topic; Councilor Evans seconded the motion and it passed unanimously. 3.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV316 Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny. The executive session was adjourned at 7:08 pm and Mayor Carroll noted that the meeting now reconvened in regular session at 7:15 pm. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 4. PUBLIC COMMENT There were no comments from the public. Mayor Carroll acknowledged the hardship communities are facing on the Front Range from the rain and flooding this past week. 5. WORK SESSION ESTIMATED TO BEGIN AT 7 PM 5.1. Village at Avon Update (Eric Heil, Town Attorney) Town Attorney Eric Heil provided some historical information and noted the documents that were approved in Ord. No. 12-10 approving the Consolidated, Amended and Restated Annexation and Development Agreement for the Village (at Avon). An update on documents was provided, noting that Traer Creek would be providing a proposal for constructing the water tank which the Authority has agreed to review. The Council’s packet included an "addendum to the water tank agreement" that would be considered after the development agreement. He explained that the terms were summarized in the council packet memo with an outline of the proposal and that Section 5·5 was revised in order to implement the new construction of the water tank responsibilities with a detailed review of the language proposed. TOWN OF AVON, COLORADO SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 09-17-2013 Minutes Page 2 6. ACTION ITEMS 6.1. First Reading of Ordinance 13-13, Series 2013, an Ordinance Amending the Consolidated and Amended and Restated Annexation and Development Agreement for The Village at Avon (Eric Heil, Town Attorney) There was a discussion and review of CARADA 5.5: Obligation of TC-RP section of the agreement. Councilor Dantas moved to approve on first reading Ordinance Amending the Consolidated and Amended and Restated Annexation and Development Agreement for The Village at Avon with the following changes: Strike Section 5.5 (b)(iii)(B) Revise the $7 M to $7.2 M Add that Traer Creek Metro District begin to collect the retail sales fee to be collected beginning November 1, 2013 in an amount of .75 and include that language as a condition to the ordinance. Councilor Wolf seconded the motion. It was noted by the Town Attorney that in order for the ordinance to pass five votes would be required because it is an IGA with another governmental agency (TCMD) with a longer than 10 year term. A roll call vote was taken and the motion failed with a four to three vote (Councilors Evans, Mayor Pro Tem Goulding, Councilor Fancher, and Councilor Wolf – yea; Mayor Carroll, Councilor Reynolds, and Councilor Dantas – nay). After further discussion about the matter, a recap of the financial obligations throughout the settlement process, and comments about what would be needed in order to move the agreement to unanimous approval, another motion was made. Councilor Dantas moved to approve on first reading Ordinance Amending the Consolidated and Amended and Restated Annexation and Development Agreement for The Village at Avon with the following changes: Strike Section 5.5 (b)(iii)(B) Revise the $7 M to $7.2 M Add that Traer Creek Metro District begin to collect the retail sales fee to be collected beginning November 1, 2013 in an amount of .75 and include that language as a condition to the ordinance. Councilor Wolf seconded the motion. Councilor Evans suggested adding to the language a deadline of collecting the RSF by November 1st with notice to businesses to collect sent by September 1st and if those dates were not met the ordinance would become null and void. The Town Attorney requested further time to consider that condition in light of some technical concerns. A roll call vote was taken and the motion passed with a six to one vote (Councilor Evans, Mayor Pro Tem Goulding, Councilor Fancher, Councilor Reynolds, and Councilor Wolf– yea; Mayor Carroll – nay). 6.2.Approval of Addendum to the Water Tank Agreement (Eric Heil, Town Attorney) Town Attorney Eric Heil presented the agenda item, with a brief review that the agreement format had been revised and that this new format was not acceptable to him or other parties. He also noted that the Addendum to the Tank Agreement changes the responsible party for constructing the water tank, addresses required escrow amounts and stated the conditions for which the Authority would rescind the moratorium on water service. Councilor Wolf moved to table action on the Addendum to the Water Tank Agreement; Councilor Reynolds seconded the motion and it passed unanimously. TOWN OF AVON, COLORADO SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 09-17-2013 Minutes Page 3 There being no further business to come before the Council, the special meeting adjourned at 8:10 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Buz Reynolds, and Jake Wolf. Todd Goulding was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA 2.1. Proclamation for Patty McKenny Years of Service The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 3. PUBLIC COMMENT Barbara Allen spoke about traffic on Highway 6 and sale of retail marijuana. 4. PRESENTATION 4.1. Presentation of Certificate of Achievement for Excellence in Financial Reporting to Finance Director Scott Wright and Department Staff (Mayor Rich Carroll) 5. PROCLAMATIONS 5.1. Proclamation d esignating April 1, 2014, as National Service Recognition Day (Seth Erlich, SOS Outreach) The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 5.2. Proclamation supporting the One Book One Valley Program and promoting the novel “Finders Keepers” as this year’s book to read and enjoy (Lori Barnes, Vail Library) The proclamation was approved unanimously by those present (Mayor Pro Tem Goulding absent). 6. ACTION ITEMS 6.1. Public Hearing on Resolution 14-02, Series of 2014, Resolution approving the Minervini Minor PUD Amendment for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado (Planning Manager Matt Pielsticker) Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor Reynolds moved to continue Resolution 14-02, Series of 2014, Resolution approving the Minervini Minor PUD Amendment for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado. Councilor Evans seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 6.2. Presentation of highline’s Phase 3 Special Events Proposal for the 2014 Production and Public- Private Partnership of Flavors of Colorado and World Music Fest (Director of Economic Initiatives Susan Fairweather) Councilor Wolf moved to appropriate from 2014 General Fund Assigned Fund Balances for Special Events through a formal budget amendment, $108,425 to Highline Entertainment for the production of Flavors of Colorado on August 15- 17, 2014. An additional $12,000 is allocated, for unforeseen production costs, if needed, to be reviewed and approved by the Town Manager. In-kind support up to $15,000 is approved. The funding is subject to an agreement being finalized and signed by the Town Manager and Highline TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 2 Entertainment for production, including but not limited to all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement , demographic data collection and other metrics as may be determined, and reporting requirements. Councilor Evans seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 7. WORK SESSION 7.1. Transit - Future Planning in Preparation for the April 23rd ECO Retreat (Transit Superintendent Jane Burden) 7.2. Avon Road Improvements & Estimated Budget Update (Pedro Campos, Zehren Associates & Town Engineer Justin Hildreth) Phil Struve, PZC member, provided input on this topic. 8. ACTION ITEMS 8.1. Ordinance No. 14-04, Series of 2014, Ordinance Amending Section 5.08.170 of the Avon Municipal Code to Adopt Special Event Permit Procedures (Town Attorney Eric Heil) Councilor Wolf moved to approve Ordinance No. 14-04; Councilor Dantas seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.2. Resolution 14-06, Series of 2014, Resolution Adopting a Policy to Use Action Minutes (Town Attorney Eric Heil) Councilor Evans moved to approve Resolution No. 14-06; Councilor Wolf seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.3.Performance Criteria and Process for Town Manager’s Annual Review (Town Manager Virginia Egger) Councilor Fancher moved to authorize the mayor to sign the memo of understanding with changes as discussed. Councilor Dantas seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 8.4. Minutes from March 11, 2014 Meeting (Town Clerk Patty McKenny) Councilor Evans moved to approve the minutes; Councilor Wolf seconded the motion and it passed unanimously by those present (Mayor Pro Tem Goulding absent). 9. WRITTEN REPORTS 9.1. Financial Report 9.2. S&P Rating Letter & Report 9.3. Village (at Avon) Update – (Town Attorney Eric Heil) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MARCH 25, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-25-2014 Minutes Page 3 There being no further business to come before the Council, the regular meeting adjourned at 8:30 pm. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY APRIL 8, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 04-08-2014 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 4:50 pm at 5684 Wildridge Road East. A roll call was taken and Council members present were Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds, and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Acting Town Clerk Debbie Hoppe. Dave Dantas was not present. 2. Site Visit - Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge (Dominic Mauriello Planning Group) 3. CONTINUE MEETING TO TOWN HALL COUNCIL CHAMBERS Mayor Carroll moved to continue meeting to town hall council chambers. Councilor Evans second and it passed unanimously by those present (Councilor Dantas absent). 4. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:30pm. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds, and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and acting Town Clerk Debbie Hoppe. 5. APPROVAL OF AGENDA Mayor Carroll moved to add Discussion Item 12.1 for a Review of the April 22nd Agenda to decide Start Time and/or an Additional Meeting Date and item 13 - An Executive session for a Discussion to determine positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) related to economic development. Mayor Carroll moved to approve the agenda; Councilor Chris Evans second motion and it was passed unanimously. 6. PUBLIC COMMENT Rick Sackbauer ERWSD introduced himself as candidate. 7. WORK SESSION 7.1. Review of ECO Transit Operations since incorporation of Spine System and Future Transit Plans, Discussion Regarding Inclusion of Avon – Beaver Creek Route into Spine System, Cost Sharing with Avon on Bus Shelters and Signs, and Route Expansion Needs in Preparation for the ECO April 23rd Work Session (ECO Executive Director Kelley Collier & Avon Transit Superintendent Jane Burden) 7.2. Review of 2014 Wildland Fire Education Program in Wildridge and Wildland Fire Module Staffing Plan for Wildridge Station, including Budget and Funding Plan (Fire Chief Karl Bauer & Town Manager Virginia Egger) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY APRIL 8, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 04-08-2014 Minutes Page 2 8. ACTION ITEMS 8.1. PUBLIC HEARING on Resolution No. 14-02, Series of 2014, Resolution Approving the Minervini Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge, Town of Avon, Colorado – Request for Continuation to March 25, 2014 (Dominic Mauriello Planning Group) Mayor Carroll opened the public hearing, Councilor Dantas recused himself. Councilor Evans moved to approve Resolution No. 14-2, Series of 2014, Resolution Approving the Minervini Minor PUD Amendment for Lots 15 & 16, Block 4, Wildridge, T own of Avon, Colorado. Councilor Goulding seconded the motion and it passed unanimously. 8.2. PUBLIC HEARING on Appeal, in accordance with Avon Municipal Code §7.16.160, Appeals, for a PZC Decision to not approve a Portion of a Color Change Application for Lot 65-B, Block 2, Benchmark at Beaver Creek Subdivision (aka “Annex Building”) – Hoffmann Commercial Real Estate. (Steve Sandoval Hoffmann Commercial Real Estate) Councilor Goulding moved to deny on Appeal, in accordance with Avon Municipal Code §7.16.160, Appeals, for a PZC Decision to not approve a Portion of a Color Change Application for Lot 65-B, Block 2, Benchmark at Beaver Creek Subdivision (aka “Annex Building”). Councilor Fancher seconded the motion. Vote passed 5 to 2 in favor of denying the appeal. 8.3. Notice of Award for the 2014 Street Improvements Project to Elam Construction (Town Engineer Justin Hildreth) 8.4. PUBLIC HEARING Second Reading of Ordinance No. 14-04, Series of 2014, Ordinance Amending Section 5.08.170 of the Avon Municipal Code to Adopt Special Event Permit Procedures (Town Attorney Eric Heil) Councilor Wolf moved to approve Ordinance No. 14-4; Councilor Goulding seconded the motion and it passed unanimously. 8.5.Approval of Performance Criteria and Process for Town Attorney’s Annual Review (Town Attorney Eric Heil) Councilor Goulding moved to approve Performance Criteria and Process for Town Attorney’s Annual Review. Councilor Fancher seconded the motion and it was passed unanimously. 8.6. Village at Avon (Town Attorney Eric Heil) 8.6.1. Update on Settlement (Bond Closing, Potential Amendment to Date of Asphalt Overlay Payments) 8.6.2. Action, by Motion and Vote, on Extension of the Outside Date in the Closing Escrow Agreement Councilor Goulding moved to extend to July 31, 2014; Councilor Evans seconded the motion and it was passed unanimously. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY APRIL 8, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 04-08-2014 Minutes Page 3 8.7. Minutes from March 2 8, 2014 Meeting (Acting Town Clerk Debbie Hoppe) Councilor Evans moved to continue minutes to April 22 meeting; Councilor Goulding seconded the motion and it passed unanimously. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9.1. UERWA Meeting Update (Mayor Pro Tem Todd Goulding) 9.2. EGE Air Alliance (Mayor Rich Carroll) 9.3. Vilar Performing Arts Meeting (Councilor Jake Wolf) There being no further business to come before the Council, the regular meeting adjourned at 8:45 pm. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Acting Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: April 17, 2014 Work Session Topic: 2014 Strategic Plan Work Plan: 1st Quarter Status Report Please find attached an annotated copy of the 2014 Strategic Work Plan detailing the status of 1st Quarter efforts. With few exceptions, the work plan as planned in the fall of 2013 has been accomplished or is well underway. Also included in this report is a more detailed summary of the staff’s economic development work prepared by Susan Fairweather, Director of Economic Initiatives. With the Town’s significant investment in economic development activities, the importance of working closely with Council to ensure priorities and effort are well placed is of critical importance. I look forward to providing more information or answering questions at your request. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 1 2013-14 STRATEGIC PLAN 2014 WORK PLAN 1st QUARTER STATUS REPORT Adopted by the Avon Town Council Resolution 13-27, Series of 2013 September 24, 2013 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 2 Overview The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 3 Strategic Plan Fiscal Years 2013 - 2014 Tier 1 Priority: Fiscal Year 2013-2014 1) Develop Business-like Practices and Culture of Town Hall – Ensure that Town government is operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. Tier 2 Priorities: Fiscal Year 2013-2014 2) Economic Development – Ensure that the Town of Avon is prepared for new development and re- development. Evaluate Urban Renewal Authority expansion and other incentives to promote quality development of a high standard; update the Avon Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of what can and what cannot be negotiated. 3) Village at Avon Partnership – Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. Tier 2 Priorities: Fiscal Years 2013-2014 4) Special Events – Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. 5) 2015 World Alpine Championships – Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. Tier 3 Priorities: Fiscal Years 2013- 2014 6) Water Issues – Identify water issues and develop a timetable and approach for resolution over the next year or two; manage what can be done against higher priorities. 7) Transit Consolidation – Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 4 2014 Work Plan Develop Business-like Practices and Culture of Town Hall Tier 1 Priority: Fiscal Years 2013 & 2014 Leader: Mayor Rich Carroll Staff: Town Manager Virginia Egger Ensure that Town government is managed and operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. 1st Quarter January – March 2014 1.1 COMPLETED Revise performance evaluations to reflect cultural goals and attributes of high performing employees. 1.2 COMPLETED MUNIREV; PAYROLL SYSTEM NOW TO OCCUR IN THE 2ND QUARTER Implement 2014 budgeted IT improvements; including MuniRev and electronic employee payroll system to improve efficiencies 1.3 COMPLETED Finalize work plans for all departments for seasonal and 2014 budget operations 1.4 COMPLETED Hold a Council Retreat to review leadership, collaboration and communication Review and provide amendments to the Municipal Code in regards to residency and for Council qualifications such as marital status 1.5 PLAN COMPLETED; IN IMPLEMENTATION PHASE Prioritize a Wildridge seasonal wild land fire program, including summer “hot shot” staffing, land use regulations for new development to protect homes from wild land fire and community outreach for current home to amend residential landscaping. 1.6 2ND QUARTER Draft and finalize internal Town Hall and external community performance surveys to measure Town services and community desires (include questions in regards to Comprehensive Plan update) In June, distribute internal and external community surveys 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 5 2nd Quarter April – June 2014 2.1 Continue to review all Town departments to assess the necessity of tasks and functions, effectiveness and efficiency in meeting department responsibilities, staffing levels, and future needs; evaluate effectiveness of organizational changes implemented in 2013 2.2 Develop the 2014-15 Strategic Plan, and two year budget to implement the Plan 2.3 Schedule no less than four (4) staff training sessions on “competitive” business practices and fiduciary responsibility 2.4 By early June, collect and analyze internal and external community surveys 3rd Quarter – July – September 2014 3.1 Hold a Council Retreat to review survey results, Council leadership, collaboration and communication; update Strategic Plan 3.2 Mid-year 2014 budget review and amendment, if needed 4th Quarter October – December 2014 4.1 Review and update Strategic Plan 4.2 Budget preparation, hearings and adoption 4.3 Prepare 2015 Work Plans 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 6 2014 Work Plan Economic Development Tier 2 Priority: Fiscal Year 2013 & 2014 Leaders: Economic Development Subcommittee Councilors Todd Goulding and Chris Evans Staff: Town Manager Virginia Egger, Community Development and Finance Department Staff Ensure that the Town of Avon is prepared for new development and re-development. Evaluate the retail sale of marijuana and make a final determination on whether sales should be allowed. Evaluate URA expansion and other incentives to promote quality development of a high standard; update the Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of public benefit expectations, incentives and minimum development requirements for critical project elements, such as parking. 1st Quarter January – March 2014 1.1 COMPLETED Director of Economic Initiative joins Town staff. 1.2 WORKING WITH CURRENT ECONOMIC DEVELOPMENT GROUP ON BRANDING. ONCE BRANDING IS COMPLETED, EXPECT TO EXPAND THIS GROUP AND DEVELOP PLAN Establish a Town of Avon Economic Development Council for the purposes of supporting existing businesses in Avon and attracting new businesses and to support business vitality; develop an action plan. 1.3 2ND QUARTER Outreach to all Avon businesses to thank each for their commitment to Avon and to ask for their ideas on business support by the Town 1.4 EFFORT STARTED IN 2013; NEED TO FULLY DEVELOP WITH VVP DURING FISCAL YEAR Through the year, update website data base and revenue software/spreadsheet system to assist with statistical analysis of key metrics identification in collaboration with Avon businesses and regional economic development committees; understand the demographic characteristics of visitors to the region. 1.5 COUNCIL MEETINGS: APRIL 22 & MAY 13/27 Determine whether the Town of Avon should approve the retail sale of marijuana: 1.5.1 Collect information from the scientific community on the health benefits and risks of marijuana consumption. 1.5.2 Identify possible appropriate locations for retail stores and zoning regulations 1.5.3 Analyze the financial tax estimates from retail sales 1.5.4 Define an education program for youth and adults in regards to legalized marijuana sales 1.6 3RD QUARTER 1.7 Review and update the Town’s Private-Public Partnership Policy and investment Policy, as needed. 1.8 IN PROCESS – WORK TO BE DONE IN 2ND & 3RD QUARTERS Implement the Town “brand”. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 7 1.9 EXPECTED TO BE LONG TERM PROJECT: COMMENCE IN 2ND QUARTER DEPENDING ON STAFF WORKLOAD With Beaver Creek and other stakeholders, finalize a town-wide Parking and Transportation Plan, including bicycle, pedestrianization, vehicle and alternate transit modes. The Plan should be developed in concert with the Planning and Zoning Commission (PZC) and reviewed by the public prior to Council’s adoption action. This Plan may extend into the 2nd Quarter 1.10 PRIORITY ONCE FULL CONCEPT PLAN PROVIDED BY HOFFMANN PROPERTIES Review East Avon Town Center Plan with PZC and owner of properties in the Plan to identify pro/con of the plan and to establish the priorities of both developer and Town in East Avon redevelopment. Begin Plan amendment, if needed. 1.11 TBD AS STATED Develop the scope, public process, schedule for commencement and completion of the Comprehensive Plan Update, including development of questions for the Community Survey, (June/August 2014) 1.12 2ND QUARTER Process Annexation and Zoning applications, including surveying and public notification requirements, for the 85.99 acre “Village Parcel” deeded to Town trough the Eagle Valley Land Exchange of 2013. 1.13 2ND QUARTER – PROCESS TO BE DISCUSSED WITH COUNCIL ON APRIL 22ND Negotiate and finalize multi-year Comcast Franchise Agreement 1.14 2ND QUARTER COMPLETION EXPECTED Review with the Planning and Zoning Commission the Development Standards for building colors as stated in the Avon Municipal Code, Section 7.28.090(c), Generally Applicable Design Standards, specifically related to Building Materials and Colors (v) and the standard set at a sixty or less Light Reflective Value” “LRV”. 2nd Quarter April – June 2014 2.1 Compile “Avon Business Summary Report”, which provides information about the characteristics of Avon’s various business sectors, including inventory of retail and commercial spaces occupancy and vacancy data, and leasing rates, to use as basis for partnering with the business community in attracting and expanding business in Avon. 2.2 Create marketing package for new business development. 2.3 Research and evaluate opportunities and structure for creating an Avon Creative Arts District. 2.4 If requested by the Town Council, evaluate expansion of URA into other qualified areas of Avon; if URA expansion is desirable, solicit RFQ and identify budgetary needs 2.5 Identify with the Planning and Zoning Commission 2014 Code amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated, such as the sign code. Evaluate whether Wildridge should be “zoned” rather than continuing to have a PUD Zone for the development. 3rd Quarter & 4th Quarter – July – December 2014 3.1 Comprehensive Plan Update; East Avon Plan Update – continuing public meetings and recommended changes. 3.2 Complete Code Clean-up 3.3 Evaluate opportunity for a “sister city/ international city” partnership 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 8 2014 Work Plan Village at Avon Partnership Tier 2 Priority - 2014 Leaders: Traer Creek Liaison Appointees Dave Dantas and Jennie Fancher Staff: Town Manager Virginia Egger, Public Works, Parks, Community Development and Engineering Staff Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and the trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. 1ST SESSION HELD; ON-GOING Throughout the year, Liaison Appointees and Town Manager will meet with Traer Creek principals to discuss current issues and opportunities. FINAL SETTLEMENT NEEDED TO FINALIZE Town staff will finalize in the 1st Quarter the collection, consolidation and organization of all Village at Avon documents, agreements and assignments within Town Hall. This project is considered 90% complete. The Community Development Department will be the primary contact and responsible party for understanding and managing the Village at Avon settlement agreements, including “user” summaries of all definite dates and responsibilities of the Town of Avon. Implement the determined actions by the Avon Town Council in the 4th Quarter of 2013. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 9 2014 Work Plan Special Events Tier 2 Priority – Fiscal Years 2013-2014 Leaders: Councilors Jake Wolf and Buz Reynolds Staff: Town Manager Virginia Egger and Parks and Recreation Staff Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of the Avon economy, offering a vast array of amenities which add to the richness of the day-to-day life of Avon residents, the community and tourists. Avon will work closely to further build the relationship with Beaver Creek Resort Company and Vail Resorts that supports business brands, the tourist economy and community offerings, including but not limited meeting the transportation, security and amenity needs of a mature resort and community. 1st Quarter January – March 2014 1.1 TO BE FORMED AS AD HOC COMMITTEE FOR COMMUNITY GRANT REQUESTS WITH FURTHER RESPONSIBITIES ONCE DECISION ON CREATIVE ARTS DISTRICT APPLICATION DETERMINED Establish a Cultural, Arts and Special Events Commission to promote and assist with the production of recreational, cultural, educational and social events; refine and develop a Special Events Strategic Plan with the participation of the business community 1.2 ROI/ROO TO BE PRESENTED AT TIMEM OF 2015 WWG FESTIVAL SUPPORT REQUEST Support the WinterWonderGrass Festival under the terms of the approved agreement; analyze ROI & ROO (return on objectives) within 60 days of the event 1.3 COMPLETED Finalize design and construction bid documents for the Pedestrian Mall improvements 2nd Quarter April – June 2014 2.1 Implement actions for Summer 2014 Special Events 2.2 For all events; analyze ROI/ROO within 60 days of the event 2.3 Commence construction of Pedestrian Mall; expected completion date is November, 2014 3rd Quarter – July – September 2014 3.1 Implement actions for Fall 2014 new Special Events, analyze ROI within 60 days of the event 3.2 Solicit funding requests for 2015 Special Events: Cultural, Arts and Special Events Commission will recommend funding levels to Town Council 4th Quarter October – December 2014 4.1 Implement actions for Winter 2015 Special Events, analyze ROI/ROO within 60 days of the event 4.2 Budget for 2015 Special Events 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 10 2014 Work Plan 2015 World Alpine Championships – February 3 – 15, 2015 Tier 2 Priority: Fiscal Years 2014-2014 Leader: Mayor Rich Carroll and Mayor Pro Tem Staff: Town Manager Virginia Egger, Transportation, Police and Parks and Recreation Staff Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Production of stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. 1st Quarter January – March 2014 1.1 COMPLETED Identify Town staff participation to date and current participation activities 1.2 ON-GOING Advance Après Avon program with Vail Valley Foundation Ceil Folz 1.3 COMPLETED WITH REC CENTER PRESENTED ON JUNE 10TH Commence design and bids for 2015 capital projects: Avon Road paving and divider improvements; Rec Center improvements and monument sign 1.4 LIMITED TO DATE; ONCE PRODUCER AND DRAFT DETAILED PROGRAM COMPLETED HOLD MEETING Meet with representatives of Avon lodging community to discuss opportunities for 2015 1.5 COMPLETED WITH ON-GOING CUSTOMIZATION AND REFINEMENT BASED UPON EVENT Finalize comprehensive action plan for special events, marketing, logistics, security, sponsorship, partnerships 2nd Quarter & 3rd Quarter – April – September 2014 2.1 Commence implementation; including final funding and logistics 2.2 Evaluate value of promotional video and social media in marketing Avon 4th Quarter October – December 2014 4.1 Continue implementation of plan 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 11 2014 Work Plan Water Issues Tier 3 Priority: Fiscal Years 2014-2014 Leaders: Mayor Rich Carroll and Councilor Todd Goulding Staff: Town Manager Virginia Egger, Engineering Staff and Special Water Counsel Identify and water issues and develop a timetable and approach for resolution over the next two years; manage what can be done against higher priorities. 1st Quarter January – March 2014 1.1 ON-GOING Review and update the Upper Eagle River Water Authority and Town of Avon 2013 Work Program. Seek to resolve all issues by November 1, 2014. 1.2 IN PROCESS – EXPECTED COMPLETION JUNE 1ST Organize water and wastewater documents and files at Town Hall; institutionalize knowledge. This project is 95% complete. 1.3 ON-GOING Continue with the Water Authority, Avon representatives and Mountain Star residents to reach resolution of the Mountain Star water tank, fire flow, irrigation and system delivery issues. 1.4 ON-GOING Schedule with Council and Water Authority representatives a program to develop and adopt solutions for needed amendments to the Master Water Agreement; plan to adopt changes no later than November 2014. These changes include the use of unallocated water held by the Authority and water conservation planning. With the Water Authority, develop an understanding of how water rights and water use are accounted for and develop a process for future transactions. 1.5 3RD QUARTER Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water Authority. Evaluate and remediate liability concerns, if any, for Avon Drinking Water Facility fenced area with the Water Authority. Deadline for resolution: September, 2014. 2nd Quarter April – June 2014 2.1 Participate as a member of the Urban Run-off Group and request that Avon is granted an Executive Committee appointment. Participate with the Group to understand activities and possible 2014 funding request for a Gore Creek Water Quality Improvement Plan. 3rd Quarter – July – September 2014 3.1 Draft and execute an agreement with the ERWSD for long term cost sharing and O&M responsibilities of the Heat Recovery System. 3.2 Review the basis for the Avon’s water fees, which are assessed in addition to those tap fees and operational fees assessed by the Water Authority. 4th Quarter October – December 2014 4.1 Schedule 1) ERWSD presentation of its 20-year wastewater infrastructure master plan, including possible rate increase needs and Town’s 1041 requirements; and 2) Water Authority and ERWSD presentation on Eagle Mine’s metal loading issues on the Eagle River. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September 24, 2014 Pa g e 12 2014 Work Plan Transit Consolidation Tier 3 Priority – Fiscal Years 2014-2014 Leaders: Councilors Buz Reynolds and Jake Wolf Staff: Town Manager Virginia Egger, Public Works Director and Transit Division Staff Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 1st Quarter January – March 2014 1.1 ON-GOING ANDMONITORED THROUGH I-70 COALITION PARTICIPATION Continue to advocate for an AGS station in Avon 1.2 ON-GOING – ATTENDING APRIL 23RD ECO RETREAT WITH COUNCIL DIRECTION Throughout the year, fully participate in regional transportation and parking forums and in CDOT I-70 corridor planning 2nd Quarter April – June 2014 2.1 Market to other potential clients for bus/vehicle storage and Fleet Services 2.2 Evaluate transit services for FY 2015 and opportunities for regional efficiencies 2.3 As appropriate, participate in Regional Collaboration efforts on transit 3rd Quarter – July – September 2014 3.1 Finalize I-70 RTF lease agreements for 100% year-round occupancy 3.2 Assess demographic characteristics of bus riders and how best to disseminate information about transit service and about the Town 3.3 Develop consolidation plan as deemed feasible with ECO 4th Quarter October – December 2014 TBD TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Susan Fairweather, Director of Economic Initiatives Date: April 22, 2014 Work Session Topic: Economic Development Project Update / Strategic Plan Since beginning employment with the Town of Avon on February 12, 2014 my efforts have been directed towards the following initiatives included in the Town’s Strategic Plan and other initiatives assigned as follows: Description of Task Strategic Plan Develop Brand Platform/Logo Development with Origin Design Brand platform developed and approved by Council. Logo development in final stages. ED 1.7 Amendment 64 – Retail Marijuana Staff report on findings presented 4-22-14 for Council action ED 1.5 2015 World Alpine Ski Championships Working with Virginia and producers to develop the Après Avon Concept for activation during the championships. 2015 WASC & SE 4.1 Avon Creative District Applied for and invited to formally apply for the Colorado Creative District certification program. Attending Colorado Creative Industries Summit May 1, 2. Interviews and site visit from Colorado Creative District representatives May 6. Formal application due May 26. ED 2.3 Winter Wonder Grass Follow-up and planning for 2014 event currently taking place. SE 1.3 Flavors of Colorado Festival Finalizing contract details after Council approval. Meetings set with producer to establish timeline and milestones in event planning process. SE 2.1 Bravo!Vail Summer Concerts in Avon Artists and dates determined. Working on final agreement and sponsorship opportunities. SE 2.1 Cultural Arts and Special Events Committee Working on creating an advisory committee comprised of local citizens to evaluate the 2015 grant requests. Other tasks for committee may be developed. SE 1 Other Tasks - Description of Task CGI Video Project Sent edits to CGI for revisions on two of four video projects. CGI contacting local business owners and non-profits for participation with Town. Final project pending approval of edits. Recreation Center – Business Development Support Working with John Curutchet and his staff business development and growth strategies, marketing specific programs (Mountain Adventure Camp, Color Your World Run, other). Commercial Real Estate Listings in Avon Working with Jeremy Rietmann from VVP and Vail Board of Realtors to upload commercial listings in Avon to the State of Colorado InSite program (economic development). Vail Leadership Institute Working with Ross Iverson on various initiatives including receptions, business attraction, VLI as State of Colorado resource, workshops for employees. MuniRevs/Tourism Tracker Initiating April – August mandatory reporting dates. Reviewing how data collected can assist in informing future decisions regarding special events. Comcast Opportunities Met with Andy Davis to discuss economic development/infrastructure/other opportunities with Comcast in Avon. Mountain Arts Festivals Contacted producer at Mountain Arts Festival for consideration of festival in Avon either in East Avon area or West Avon. In development for 2015 – summer. Sponsorships Working with Danita to develop a comprehensive sponsorship strategy for the Town. FISCAL YEAR 2014 FINANCIAL REPORT April 22, 2014 ______________________________________________________________________________________ 1. Fiscal Year 2014 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – February 2014 3. Real Estate Transfer Tax Report and Monthly Detail – March 2014 4. General Fund Year-To-Date Expenditures- March 2014 5. Fleet Maintenance Fund Year-To Date Expenditures- March 2014 6. Transit Fund Year-To Date Expenditures- March 2014 7. DestiMetrics Executive Summary- March 2014 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: April 16, 2014 Re: Fiscal Year 2013 Financial Report – February/March 2014 Revenues: SALES TAX • Sales tax revenue for the month of February is up $37,019.76 (5.81%) compared to February 2013, and up 3.46% compared to the monthly budget. This increase includes approximately $12,000 from new businesses, and after adjusting for new business growth and anomalies, 5.87% is the actual gain in revenue for the month. The actual gain is even higher than the original due to a business submitting two returns in the same month last year. The additional amount was subtracted from the 2013 total as an irregularity. February 2014 sales tax revenue is the highest ever for the month of February, with February 2013 being the next highest at $636,702.27. • February collections report increases in all industries over 2013 except for Miscellaneous Retail which was down ($26,389.64) or (54.13%). The large decrease is due to a business closure in this industry and in addition, the business had submitted January and February returns in the same month which created an anomaly. There was also a business miscoded to Miscellaneous Retail that was removed and placed in the correct category. After correcting for the double payment and miscoding, the actual decrease in Miscellaneous Retail equals ($10,502.37). Revenue from Service related businesses is up approximately $12,500 or 121.22% for the month, while sales tax from Other Businesses is up almost $10,000 or 25.44%. The increase in Service related can be partially attributed to the wide variance that occurs in the tax returns of interior and architectural design companies. The increase from Other Businesses is partially attributable to the Winter Wondergrass Music Festival. ACCOMMODATIONS TAX • Accommodations tax revenue for February is up $12,813.45 (9.32%) compared to February 2013, and up 6.16% compared to the monthly budget. Once again, February 2014 accommodations tax revenue is the highest on record for the month of February, with February 2013 being the next highest at $137,503.61. • February accommodations tax collections are up for Hotels and Timeshares at 7.48% and 24.79%, respectively. Vacations Rentals are slightly down at ($1,178.66); $-1.79%. REAL ESTATE TRANSFER TAX • 2014 real estate transfer tax collections for March equal $50,375.06. This is a (60.00%) decrease from March 2013 and (52.53%) under the monthly budget. Expenditures: • General Fund expenditures at the end of March are 30.32% of the budgeted amounts. • Fleet expenditures to date are at 30.03% of the total budget, and revenues are at 29.04% of the budget. • Transit funds are 30.48% spent compared to the annual appropriation. This includes $177,168.48 for gondola operations during the 2014 portion of the ski season. DestiMetrics: • Avon’s occupancy was at 69.1% for the month of March, which is a 4.7% increase over March 2013. • April’s anticipated occupancy is 14.2%, a 22.5% increase over 2013. • Looking back at the past six months, occupancy was up 2.9% while average daily rate was up 8.5% and revenue per average room night increased 11.6% over 2013. • Occupancy for the upcoming six months on the books is 17.3% higher than 2013 at 9.0%. TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance from 2013 January 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 693,355$ 638,863.27$ (54,491.56)$ -5.76% February 516,349.68 504,752.59 532,903.25 533,546.48 636,702.27 651,176 673,722.03 22,546.21$ 5.81% March 536,913.42 620,937.20 665,532.70 643,910.29 720,267.31 736,640 April 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 314,395 May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 316,984 June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 501,475 July 409,956.20 421,975.98 452,873.44 472,215.40 537,479.66 549,698 August 374,965.99 361,702.25 419,977.29 455,439.86 504,332.25 515,797 September 350,585.25 359,139.22 391,546.49 424,793.75 475,362.88 486,169 October 286,412.11 288,859.84 299,193.35 341,711.43 356,925.96 365,040 November 281,696.02 284,528.70 301,407.41 336,060.63 362,460.94 370,700 December 786,701.84 818,360.74 921,815.61 852,868.64 981,917.79 1,004,239 Total 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 6,505,668$ 1,312,585.30$ (31,945.35)$ -0.16% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2010 2011 2012 2013 2014 Year Sales Tax Collections for February TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 $1,400,000 2010 2011 2012 2013 2014 YTD Sales Tax Collections $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 Sales Tax Monthly Comparison 2012-2014 2012 2013 2014 TOWN OF AVON ACCOMMODATIONS TAX WORKSHEET 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance 2013 January 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 111,733$ 129,851.78$ 18,119.08$ 19.67% February 83,502.22 99,336.34 114,035.90 106,016.32 137,503.61 141,589 150,317.06 8,727.60$ 9.32% March 84,909.85 105,518.15 122,145.16 115,043.42 153,208.80 157,761 April 26,821.29 26,496.88 26,214.58 20,786.24 26,494.49 27,282 May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 25,256 June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 68,557 July 47,864.32 51,170.82 62,928.07 66,726.73 73,008.92 75,178 August 39,155.19 42,188.56 52,037.55 58,358.93 67,688.07 69,699 September 21,134.69 30,090.34 35,521.81 42,245.24 44,661.37 45,988 October 17,043.78 20,614.06 21,801.56 25,879.51 27,154.53 27,961 November 15,268.58 20,582.47 24,971.33 22,786.42 28,171.04 29,008 December 96,847.30 98,561.90 135,984.00 112,759.02 131,361.43 135,265 Total 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 915,279$ 280,168.84$ 26,846.68$ 13.88% Actual Collections - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 2010 2011 2012 2013 2014 Accommodations Tax Collections for February TOWN OF AVON REAL ESTATE TRANSFER TAX WORKSHEET 2014 Actual vs. Budget YTD Collections $ change % of change 2009 2010 2011 2012 2013 2014 2013 2013 January 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 62,591.74$ 277.75% February 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 506,347.01 906.25% March 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 (75,552.58) -60.00% April 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 May 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 June 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 July 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 August 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70 September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82 December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60 Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 697,721.50$ 493,386.17$ 241.46% Budget 1,600,000$ Variance, Favorable (Unfavorable)(902,278.50) Actual Collections $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 2010 2011 2012 2013 2014 YTD Real Estate Transfer Tax Collections Town of Avon Real Estate Transfer Tax March 2014 Collections Detail Purchaser Name Property Amount Received Balance Forward 647,346.44$ Title Co of the Rockies Lakeside Terrace #B302, wk 44 & B303, wk 11 496.00 Title Co of the Rockies - Fontaine Mtn Vista #1228, Wk 18 78.00 Title Co of the Rockies Christie Lodge CL #23 1,945.00 Stewart Title - Egavian 760 W Beaver Creek Blvd #212 (Stone Creek)3,800.00 Land Title - Gasperlin 4010 Wildridge Rd West 5,900.00 Land Title - Gonzalez 175 Lake St #113, wk 1 (Falcon Pointe)100.00 Title Co of the Rockies Christie Lodge CL #385, wk 38 121.00 Title Co of the Rockies - Moody/Pratt 171 Lake St, C304-52-odd 518.00 Title Co of the Rockies Christie Lodge CL# 22 2,083.00 Title Co of the Rockies Mtn Vista #14-12 296.00 Chicago Title Riverfront #14-11 752.00 Chicago Title Riverfront #14-12 2,272.00 Chicago Title Mtn Vista #14-08 48.98 Title Co of the Rockies Christie Lodge CL# 21 1,789.00 Land Title - Elliott Riverfront #818 6,980.00 Chicago Title Mtn Vista #14-11 138.00 Resort Closings Mtn Vista #1204, Wk 25 2.00 Land Title - Sparby 175 Lake St #210, wk 30 (Falcon Pointe)63.80 Chicago Title Riverfront #14-09 556.00 Chicago Title Riverfront #14-10 618.00 Title Co of the Rockies Christie Lodge CL# 20 3,114.40 Title Co of the Rockies 173 Lake St #B302, wk 30 218.00 Title Co of the Rockies Mtn Vista #14-10 1,194.00 Land Title - Van De Grift 175 Lake St #211, wk 30 (Falcon Pointe)63.80 Land Title - Platonov 175 Lake St #302, wk 52 (Falcon Pointe)140.00 Land Title - Gonzalez 175 Lake St #205, wk 7 (Falcon Pointe)89.90 Land Title - Hahn 851 W Beaver Creek Blvd #B9 (Benchmark)3,600.00 Land Title - Avon Center 230 LLC 100 Beaver Creek Blvd #230 (Avon Commercial Ctr)3,777.18 Land Title - Timparo 175 Hurd Ln #3302 (Avon Crossing)3,400.00 Stewart Title - Butler 491 Metcalf #A1 (Metcalf Lofts/Barrancas)2,100.00 Title Co of the Rockies Christie Lodge CL# 19 869.00 Title Co of the Rockies Mtn Vista #14-09 952.00 Eagle Cty Treasurer/Bouchard 2810 Oneal Spur #A 2,300.00 Total March Revenue 50,375.06 Total YTD Revenue 697,721.50 Total 2014 Budget 1,600,000.00 Variance, Favorable (Unfavorable)(902,278.50)$ Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 430,975$ 10,250$ 257,068$ 163,657$ 62.03% 112 Boards and Commissions 15,307 - 2,194 13,113 14.33% 113 Town Attorney 155,000 127,008 25,692 2,300 98.52% 115 Town Clerk 176,293 10,379 42,514 123,400 30.00% Total Legislative 777,575 147,637 327,468 302,470 61.10% Judicial: 121 Municipal Court 106,996 18,571 23,145 65,280 38.99% Executive: 131 Town Manager 221,401 75 53,695 167,631 24.29% 132 Human Resources 243,728 4,079 54,708 184,941 24.12% 133 Community Relations 135,346 - 25,417 109,929 18.78% Total Executive 600,475 4,154 133,820 462,501 22.98% Finance Department: 141 Finance 772,300 37,942 152,760 581,598 24.69% 143 Information Systems 340,306 46,545 94,971 198,790 41.58% 149 Nondepartmental 263,522 18,591 173,650 71,281 72.95% Total Financial Administration 1,376,128 103,078 421,381 851,669 38.11% Total General Government 2,861,174 273,440 905,814 1,681,920 41.22% Community Development: 212 Planning 258,319 6,108 48,704 203,507 21.22% 213 Building Inspection 129,398 - 30,322 99,076 23.43% 214 Economic Development 112,476 - 11,913 100,563 10.59% Total Community Development 500,193 6,108 90,939 403,146 19.40% Police Department: 311 Administration 533,151 19,951 124,204 388,996 27.04% 312 Patrol 1,964,998 40,790 450,121 1,474,087 24.98% 313 Investigations 217,859 - 52,027 165,832 23.88% Total Police 2,716,008 60,741 626,352 2,028,915 25.30% Public Works: 412 Engineering 269,478 520 48,681 220,277 18.26% 413 Roads and Bridges 1,434,574 7,879 387,337 1,039,358 27.55% Total Public Works 1,704,052 8,399 436,018 1,259,635 26.08% Department Expenditure Summaries General Fund #10 March 2014 Expenditures to Date Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund #10 March 2014 Expenditures to Date Parks and Recreation: 513 Special Events 260,665 - 36,198 224,467 13.89% 514 Administration 319,848 7,639 66,853 245,356 23.29% 515 Adult Programs 32,785 - 6,471 26,314 19.74% 516 Aquatics 424,757 11,184 117,513 296,060 30.30% 517 Childcare 38,685 - 7,230 31,455 18.69% 518 Fitness 152,715 106 88,022 64,587 57.71% 519 Guest Services 249,355 3,856 48,189 197,310 20.87% 521 Youth Programs 127,186 700 17,294 109,192 14.15% 522 Cabin 43,647 - 5,455 38,192 12.50% 551 Parks & Grounds 1,041,229 35,792 223,105 782,332 24.86% 571 Buildings & Facilities 987,130 97,848 293,005 596,277 39.59% Total Parks and Recreation 3,678,002 157,125 909,335 2,611,542 29.00% TOTAL OPERATING EXPENDITURES 11,459,429$ 505,813$ 2,968,458$ 7,985,158 30.32% Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,546,142$ 63,833$ 400,486$ 1,081,823$ 30.03% Total Operating Expenditures 1,546,142 63,833 400,486 1,081,823 30.03% TOTAL EXPENDITURES 1,546,142$ 63,833$ 400,486$ 1,081,823$ 30.03% Expenditure Summary Fleet Maintenance Enterprise Fund #61 March 2014 Expenditures to Date Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 205,485$ 3,427$ 56,140$ 145,918$ 28.99% 432 Transit Operations 1,286,737 2,945 409,204 874,588 32.03% 435 Wash Bay 205,670 1,679 44,052 159,939 22.24% Total Operating Expenditures 1,697,892 8,051 509,396 1,180,445 30.48% TOTAL EXPENDITURES 1,697,892$ 8,051$ 509,396$ 1,180,445$ 30.48% Expenditure Summary Transit Enterprise Fund #52 March 2014 Expenditures to Date Destination: Avon Destination Period: Bookings as of March 31, 2014 Data based on a sample of up to 10 properties in the Avon Destination destination, representing up to 748 Units ('DestiMetrics Census'*) a. Last Month Performance: Current YTD vs. Previous YTD 2013/142012/13 Year over Year % Diff 69.1%66.0%4.7% $250$234 6.6% $173$155 11.7% b. Next Month Performance: Current YTD vs. Previous YTD 14.2%11.6%22.5% $137$135 1.6% $19$16 24.4% c. Historical 6 Month Actual Performance: Current YTD vs. Previous YTD 49.4%48.0%2.9% $227$209 8.5% $112$100 11.6% d. Future 6 Month On The Books Performance: Current YTD vs. Previous YTD 9.0%7.7%17.3% $151$145 3.9% $14$11 21.9% e. Incremental Pacing - % Change in Rooms Booked last Calendar Month: Mar. 31, 2014 vs. Previous Year 5.1%5.1%0.6% Avon Destination Occupancy for the prior 6 months changed by (2.9%)Occupancy Avon Destination RevPAR for last month (March) changed by (11.7%)RevPAR (March) RESERVATIONS ACTIVITY REPORT Avon Destination Executive Summary Avon Destination Occupancy for last month (March) changed by (4.7%)Occupancy (March) Avon Destination Average Daily Rate for last month (March) changed by (6.6%) Avon Destination Occupancy for next month (April) changed by (22.5%)Occupancy (April) Avon Destination Average Daily Rate for next month (April) changed by (1.6%)ADR (April) Avon Destination RevPAR for next month (April) changed by (24.4%)RevPAR (April) ADR (March) Avon Destination Occupancy for the upcoming 6 months changed by (17.3%)Occupancy * DestiMetrics Census: Total number of rooms reported by participating DestiMetrics properties as available for short-term rental in the reporting month. This number can vary monthly as inventories and report participants change over time. DESCRIPTION: The Reservation Activity Outlook Report tracks occupancy, average daily rate (ADR), and revenue per available room (RevPAR); the key metrics most of interest to lodging properties. The report combines the data sets of participating properties into a destination wide view that features three data sets (providing that sufficient information is available) including: i) current YTD occupancy, ii) last YTD occupancy, iii) last season's ending occupancy. The Reservation Activity Outlook Report is generated on a monthly basis, usually for a 12 month subscription period, and is created from data provided by a group of properties participating in a cooperative manner, and representing a valid set of data as a result. Report results are provided only to those properties who participate by submitting their data. Additionally, participating properties can order (on an a-la-carte basis) an individual report which shows the reservation activity of their property, measured against an aggregated set of competitive properties that they choose from amongst DestiMetrics's other participants. As is the case in all DestiMetrics data, all information provided by individual properties is strictly confidential, except when aggregated with other data and indistinguishable as a result. Avon Destination Average Daily Rate for the prior 6 months changed by (8.5%)ADR Avon Destination RevPAR for the prior 6 months changed by (11.6%)RevPAR Avon Destination Average Daily Rate for the upcoming 6 months changed by (3.9%)ADR Copyright 2006 - 2014, DestiMetrics, LLC. All Rights Reserved. Information provided here is CONFIDENTIAL INFORMATION and is the exclusive property of DestiMetrics LLC. It is expressly not for reproduction, distribution publication or any other dissemination without the express written permission of DestiMetrics, LLC. Sample reports may be provided to interested persons, specifically for purposes of their evaluation of a potential subscription and are subject to Copyrights of this product. Data and Metrics represented on this report are representative of the Sample Properties only and may not be representative of the entire Community or Industry. Persons using this data for strategic purposes do so at their own risk and hold DestiMetrics harmless. Avon Destination RevPAR for the upcoming 6 months changed by (21.9%)RevPAR Rooms Booked during last month (March, 2014) compared to Rooms Booked during the same period last year (March, 2013) for arrival March to August has changed by (0.6%)Booking Pace (March) 4/5/2014 Copyright (c) 2006 - 2014, DestiMetrics, LLC All Rights Reserved. Confidential Information not for reproduction and protected by law. info@DestiMetrics.com www.DestiMetrics.com 1 Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Update DATE: April 18, 2014 SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement. Although settlement has not yet occurred, Traer Creek continues to cause the .75% Add-On RSF to be imposed, collected and remitted to the Town of Avon and the Town continues to work with Traer Creek and Traer Creek Metropolitan District on maintenance and phased improvements to street landscaping. BOND DOCUMENTS: The parties are trying to move forward to allow the Traer Creek Metropolitan District bond refinancing closing to occur in May. If the documents cannot be completed and the refinancing does not occur in May, then an extension on BNP’s letter of credit will be required in June to avoid a bond default. EXTENSION OF OUTSIDE DATE: No other parties have responded to the Town’s approval of an additional extension of the Outside Date to the end of July. Currently, the Receipt and Escrow Agreement and all documents approved in accordance with that agreement are not effective. If settlement concludes, a new Receipt and Escrow Agreement would need to be approved by all the parties. COURT STATUS CONFERENCE: The next Telephone Status Conference with the Court is set for May 20, 2014 at 10:00 a.m. REQUESTED ACTION: No action is required at this time. Thank you, Eric M EMORANDUM & PLANNING, LLC