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TC Council Packet 06-25-2002Town Council Meetings Roll Call Check Sheet 4-/ te V(,??> `/?V Date: a Michael Brown Debbie Buckley L Peter Buckley LS ?? Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder l? Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: ? Bill Efting Jeff Layman Ruth Borne Larry Brooks Norm Wood Other Staff John Dunn ? Meryl Jacobs Patty McKenny Bob Reed Jacquie Halburnt '7 Harry Taylor Scott Wright Iffown Clerk\Council\Packets\Council Meeting Check List.doc FINANCIAL MATTERS June 25, 2002 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O. Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:6/12/02 For: May, 2002 Page1 of 2 Permit Purpose: Public: Construction Value: $.00 . # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $847,755.04 # of Bldgs: # of Units: Permit Charges: $7,345.71 Permit Purpose: Build Multi-Unit Housing Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $2,358,629.12 # of Bldgs: 13 # of Units: 16 Permit Charges: $16,058.94 Permit Purpose: New MF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 14 Construction Value: $27,105,000.00 # of Bldgs: 14 # of Units: 2 11 Permit Charges: $197,730.27 Permit Purpose: New SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $389,000.00 # of Bldgs: 1 # of Units: 1 Permit Charges: $5,093.69 Permit Purpose: Repair/Remodel Comm/Indust Bldg. Permit Tally Printed:6/12/02 For: May, 2002 Page2 of 2 Permit Purpose: Repair/Remodel Comm/Indust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $10,000.00 # of Bldgs: # of Units: Permit Charges: $346.06 Permit Purpose: Repair/Remodel MF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $15,000.00 # of Bldgs: # of Units: Permit Charges: $251.25 Permit Purpose: Repair/Remodel SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $3,000.00 # of Bldgs: # of Units: 1 Permit Charges: $137.36 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 23 Construction Value: $30,728,384.16 # of Bldgs:28 # of Units: 229 Permit Charges: $226,963.28 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2002 May-02 Purchaser Name Property Amount of RETT Received March Balance Forward $646,109.41 Title Comp of the Rockies Christie Lodge Timeshare $184.90 Title Comp of the Rockies Christie Lodge Timeshare $201.60 Title Comp of the Rockies Christie Lodge Timeshare 169.60 Title Comp of the Rockies Christie Lodge Timeshare 540.80 Holiday Transfer Christie Lodge Timeshare 30.40 Title Comp of the Rockies Christie Lodge Timeshare 149.95 Title Comp of the Rockies Christie Lodge Timeshare 149.95 Title Comp of the Rockies Christie Lodge Timeshare 149.95 Title Comp of the Rockies Christie Lodge Timeshare 99.95 Title Comp of the Rockies Christie Lodge Timeshare 99.95 Holiday Transfer Lakeside Terrace Timeshares 41.60 Title Comp of the Rockies Lakeside Terrace Timeshares 201.60 Title Comp of the Rockies Lakeside Terrace Timeshares 824.70 Holiday Transfer Lakeside Terrace Timeshares 193.60 Title Comp of the Rockies Mtn. Vista #55 7,343.60 Title Comp of the Rockies Mtn. Vista #58 8,546.90 Title Comp of the Rockies Mtn. Vista #57 11,526.20 Title Comp of the Rockies Mtn. Vista #56 9,557.40 Title Comp of the Rockies Falcon Pointe Timeshare 126.00 Title Comp of the Rockies Avon Lake Villas 3,600.00 1 st American Heritage Hiland Townhomes, # E & D 7,640.00 Land Title Guarante Rushmer Townhouse, # C 3,300.00 1st American Heritage Gosshawk Townhomes, # 3 4,860.00 1st American Heritage 331 Nottingham Rd, Sonnen Halde Condo # 4B 1,000.00 Land Title Guarante Chapel Square, # BR-321 $6,180.00 1st American Heritage Bristol Pine # B16 1,130.00 1 st American Heritage Avon Crossing # 3206 950.00 Stewart Title Vail Bridgewater Terrace A-4 4,280.00 Land Title Guarante 2133 Saddle Ridge Loop, Falcon Condo 3,040.00 Land Title Guarante Lot 8, Blk 3, Wildridge 8,800.00 Stewart Title Edwards Lot 77, Blk 4, Wildridge 11,800.00 Mile High Escrow Lot A-48, Blk 2, Wildridge 6,800.00 Land Title Guarante Lot 30, Blk 2, Wildridge 8,300.00 Stewart Title Comp Lot 46B, Blk 4, Wildridge 13,200.00 Stewart Title Comp Edwards Lot 46A, Blk 4, Wildridge 13,700.00 $784,828.06 Total through May $784,828.06 Total through April ($646,109.41) Total April Receipts 138,718.65 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% Change January 379,424.41 0.48% February 378,112.00 4.30% March 460,191.56 -1.81% April 310,197.72 16.90% May 249,079.90 3.35% June 337,562.03 7.81% July 370,086.73 4.81% August 363,110.96 7.39% September 333,508.38 4.41% October 305,035.11 15.68% November 335,073.59 -1.22% December 550,077.22 3.03% 1999 981-991% Change 2000 99'-001% Change 2001 001-01% Change 2002 01'-02% Change Total 5-Yr % Increase 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 482,084.42 -4.24% 4.76% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% 289,326.67 -15.91% -6.73% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% - -100.00% -100.00% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1,30% -100.00% -100.00% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% -100.00% -100.00% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% -100.00% -100.00% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00% YTD Total 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 4.36% 1,583,695.27 -4.43% 3.65% YTD Through April Collections 1998-2002 1,660,000.00 1,640,000.00 1,620,000.00 1,600,000.00 1,580,000.00 1,560,000.00 1,540,000.00 1,520,000.00 1,500,000.00 1,480,000.00 1,460,000.00 Year 350,000.00 340,000.00 330,000.00 320,000.00 310,000.00 300,000.00 290,000.00 280,000.00 270,000.00 260,000.00 Monthly Collections for April 1998-2002 1998 1999 2000 2001 2002 1 2 3 4 5 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 98'-99% 2000 991-001% 2001 001-011% 2002 01'-02' % Total 5-Yr Change Change Change Change Change % Increase January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% February 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% 4.40% March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46% April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 12,536.40 3.16% -7.53% May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% - -100.00% -100.00% June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00% July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% - -100.00% -100.00% August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% - -100.00% -100.00% September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% - -100.00% -100.00% October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% - -100.00% -100.00% November 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% - -100.00% -100.00% December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00% YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 143,365.85 -1.56% 7.66% YTD Through April Collections 1998-2002 160,000.00 140,000.00 120,000.00 100,000.00 80,000.00 60,000.00 40,000.00 20,000.00 Monthly Collections for April 1998-2002 14,000.00 12, 000.00 10, 000.00 8,000.00 6,000.00 4,000.00 2,000.00 146,718.73 131,715.41 109,463.95 145,638.94 143,365.85 1998 1999 2000 2001 2002 Year 1998 1999 2000 2001 2002 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JUNE 25, 2002, AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:00 PM - 4:15 PM 1) Drug Task Force Grant Discussion (A.J. Johnson) 4:15 PM - 4:20 PM 2) Planning & Zoning Appointment (Bill Efting) 4:20 PM - 4:30 PM 3) Nottingham Road Traffic (Norm Wood) 4:30 PM - 4:40 PM 4) UERWA - Water Rights Report Update 4:40 PM - 5:05 PM 5) 2001 Audit Presentation, Clifton Gunderson, LLP (Scott Wright) 5:05 PM - 5:20 PM 6) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 21, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY l:\Town Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council -6 , Bill Elting, Town Manager Nonn Wood, Town Engineer ; June 11, 2002 Nottingham Road- Traffic Projections Summary: The following is a brief summary of historic and projected traffic on Nottingham Road at Metcalf Road: Per Development Summary dated February 11, 2002, prepared by Department of Community Development Wildridge Development 849 Units Per Replat No. 2 Wildridge Development 555 Units Developed (65%) March 16, 2002 - Traffic Counts on Metcalf Road immediately below Wildwood Road - 3050 ADT (5.5 Trips per Day per Residential Unit) Note: Trip Generation Manual - Typical Traffic per Residential Unit = 6 Trips per Day per Residential Unit Traffic Counts: 1995 1996 1998 1999 2000 2002 (ADT - Average Da Nottingham Road 4995 ADT 6567 ADT 6867 ADT 6800 ADT 4722 ADT ily Traffic) Metcalf Road 4200 ADT 5133 ADT 5589 ADT 5633 ADT 4000 ADT 3550 ADT I:\Engineering\CIP\Nottingham Rd\3.0 Design\3. I Gen Con-\Traffic Memo-I.Doc 1 Nottingham Road -Projected Traffic Volumes Current (Use 1998) 6800 ADT Wildridge - Future Development (849 - 555) x 6.0 = 1764 ADT Barrancas Project (40 Residential Units x 6.0) = 240 ADT Car Wash - Lot 30, Block 1, BM @ BC (Per Traffic Study with Application) 630 ADT USFS Land Trade Parcel (400 Residential Units x 6.0) = 2400 ADT Total Projected Traffic at Buildout 11,834 ADT Town of Avon Transportation Plan Recommendations: Avon Transportation Plan - December 1991 Nottingham Road Improvements Phase III - Widen to 5-Lane Section from I-70 to Buck Creek Road Phase IV - Add turn lanes at Metcalf Road Ultimate Section - Three Lanes from Buck Creek Road to Metcalf Road Nottingham Road - Projected Traffic Volumes I-70 to Buck Creek Road - 25,000 ADT Nottingham Road at Metcalf Road - 14,000 ADT Avon Transportation Plan Update - November 1996 Nottingham Road Improvements Phase I - Widen to 5-Lane Section from I-70 to Buck Creek Road Phase II - Widen to 3-Lane Section from Buck Creek Road to Metcalf Road / Add turn lanes at Metcalf Road Town Manager Comments: I:AEngineering\CIP\Nottingham Rd\3.0 Design\3.1Gen Con-M-affic Memo-I.Doc 2 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer June 11, 2002 Nottingham Road - Traffic Projections Summary: The following is a brief summary of historic and projected traffic on Nottingham Road at Metcalf Road: Per Development Summary dated February 11, 2002, prepared by Department of Community Development Wildridge Development 849 Units Per Replat No. 2 Wildridge Development 555 Units Developed (65%) March 16, 2002 - Traffic Counts on Metcalf Road immediately below Wildwood Road - 3050 ADT (5.5 Trips per Day per Residential Unit) Note: Trip Generation Manual - Typical Traffic per Residential Unit = 6 Trips per Day per Residential Unit Traffic Counts: 1995 1996 1998 1999 2000 2002 (ADT - Average Da Nottingham Road 4995 ADT 6567 ADT 6867 ADT 6800 ADT 4722 ADT ily Traffic) Metcalf Road 4200 ADT 5133 ADT 5589 ADT 5633 ADT 4000 ADT 3550 ADT C\Engineering\CIP\Nottingham Rd\3.0 Design\3. I Gen Corr\Traffic Memo-I.Doc Nottingham Road - Projected Traffic Volumes Current (Use 1998) 6800 ADT Wildridge - Future Development (849 - 555) x 6.0 = 1764 ADT Barrancas Project (40 Residential Units x 6.0) = 240 ADT Car Wash - Lot 30, Block 1, BM @ BC (Per Traffic Study with Application) 630 ADT USFS Land Trade Parcel (400 Residential Units x 6.0) = 2400 ADT Total Projected Traffic at Buildout 11,834 ADT Town of Avon Transportation Plan Recommendations: Avon Transportation Plan - December 1991 Nottingham Road Improvements Phase III - Widen to 5-Lane Section from I-70 to Buck Creek Road Phase IV - Add turn lanes at Metcalf Road Ultimate Section - Three Lanes from Buck Creek Road to Metcalf Road Nottingham Road - Projected Traffic Volumes I-70 to Buck Creek Road - 25,000 ADT Nottingham Road at Metcalf Road - 14,000 ADT Avon Transportation Plan Update - November 1996 Nottingham Road Improvements Phase I - Widen to 5-Lane Section from I-70 to Buck Creek Road Phase II - Widen to 3-Lane Section from Buck Creek Road to Metcalf Road / Add turn lanes at Metcalf Road Town Manager Comments: I:\Gngineenng\CLP\Nottingham Rd\3.0 Design\3.IGen Corr\Traffic Memo-I.Doc 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ,V, -Z, s From: Norm Wood, Town Engineer G? Date: June 20, 2002 Re: Upper Eagle Regional Water Authority Analysis of Water Rights, Future Water Use & Related Water Rights Issues Summary: Copies of the Analysis of Water Rights, Future Water Use and Related Water Rights Issues as prepared by Porzak Browning & Bushong LLP and Helton & Williamson, PC dated January 22, 2002 and a summary of conference call with Gary Greer, Town of Avon Water Attorney and Les Botham, Town of Avon Water Engineer are attached. The conference call summary includes a brief outline of an action plan to address water rights analysis and potentially improve the Town's water rights position. We will be prepared to discuss these issues with the council at the June 25, 2002 meeting. Town Manager Comments: I:\Engineering\Water\UERWA\Water Rights Report Memo-3.Doc I MEMORANDUM Date: May 31, 2002 By: Norman Wood, Town Engineer Re: UERWA - Water Rights Report Conference Call with Gary Greer & Les Botham COMMENTS: Summary of Discussion: Les has copy of Revised Helton & Williamson Report dated 1/27/02. He will mail copies next week. Revised Executive Summary & Tables were e-mailed and faxed prior to call and discussion was based on revisions. Water Authority has acquired water in addition to that owned and contributed by each of the members. Report does not quantify this additional water or distribute water between members. Some portion of this additional water should accrue to Avon in addition to the original 448 ac-ft addressed in the Augmentation Plan. Avon's Augmentation Plan is based on a depletion factor of 8% Eagle-Vail's is based on a depletion factor of 9% and all the other Districts are based on a depletion factor of 5%. It may be advantageous to apply for amendment to the current augmentation plan to reduce the depletion allowance from 8% to 5%. This could potentially free up a significant amount of available water to meet possible future demands. Winter water storage is currently valued at approximately $12,000 per ac-ft. Summer augmentation water is currently valued at approximately $ 4,000 per ac-ft. If this change were approved and resulted in a reduction in demand of 30 ac-ft, the potential value of the savings is approximately $240,000. Projected development in Report is 4228 SFE's at buildout (2017) Our projections at buildout based current development and zoning on undeveloped parcels is 4755 SFE's. Action Plan 1. Expand projected consumption based on TOA Projected Development 2. Request modification of Report to quantify Avon's portion of water rights acquired by the RWA. 3. Establish TOA water rights (113 ac-ft) as totally separate and distinct from water rights leased to RWA. 4. Look at potential savings that would result from reduction in depletion allowance from 8% to 5%. 5. Estimate irrigated areas & potential impact on requested augmentation plan amendment I:\Engineering\Water\UERWA\Water Rights Report Memo-2A.Doc May -31-02 10:35A Helton & Williamsen, P_C. Town of Avon Analysis of Water Rights, Future Water Use, and Related Water Right Issues Prepared by Porn Brownincr & Bushonb LLP Helton & Williamsen, PC January 22, 2002 P. 02 tc 1236 ?ay-31-02 10:35A Hc?ltori still =arns2n, P_C_ "I'ABLE OF CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION iI. WATER RIGHTS A. Decrees in Case Nos. W-327, W-21 tit), W-3582 and W-33660 B. ALjzmemation Plan Decrees in Case Nos. W-36()-4 and 84CW215 C. Subsequent AuQmet?tatiot: Plans and Decrees D. Water Ri?l,t Agreements and Coiwevanccs E. Current Avon Water Rights 111. ANALYSIS OF FUTURE NVA"I ER USES AND DEMANDS A. Current Estimates of Development by "Single-Family Equivalent" B. Water Use Records C. Futurc Usc aid Demands D. Ability to Serve Conclusion IV. ADD1'1'IONAI, WATER RIGHTS ISSUES A. The Block Grajit Issue V. CONCLUSION Fi-Ure I Appendices 1 t 2 4 4 4 5 S 5 6 7 P. 03 tc I Zlu May-31-02 10:35A Helton & Wi'-liamsen, P_C. rl-- S EXECUTIVE SU1ViM:kRY The "Down of Avon (Avon) has 571 acre-feet of consumable water to meet its augmentation needs based on two primary sources: (a) 448 acre-feel front historical Co[1SUmplivC use water rights; and (b) 123 acre-feet of net average yield from water stored in Grcen Mountain Reservoir and Eagle Park Reservoir. 123 acre-feet of Avon's cocsutjiptive use credits are committed to the ;ill of Fa le P,.rk Reservoir by virtue of the Eagle Park Reservoir Agreement dated Uctober 2 1996, .=rrdl the decree in Case No. 95CW348. ThwS, Avott has 448 acre feet per year of nct aU_rttentation water (57l acre (cet - 123 acre feet). 3. Avon currently has ?8212 single family equivalent units (sfe) as of October.' 200l _ Avon is expected to increase to 4225 sfe at build-out in the year 2017. 4, Avon's future water use at build-out in the year 2017 wi11 reach consumptive use levels of 336.3 acre-feet assuming a sfe unit water demand equal to the annual average over the years 1998 to 2001 (average-year) and current water use practices. if a higher sfe unit water demand equal to the year 2000 (high--year) is assumed, then Avon's consumptive use will be 3652 acre-feet per year. Storage water releases will replace out-of-priority depletions from mid October through April, the non-irrigation season. For Avon, the depletions during this period total approximately 60 acre-feet for bath the build-out averakc and high demand levels. 'rho net average yield of Avon's Storage sources totals 122 acre-feet, approximately 2 tMICS greater than the predicted amounts. 6. Avon has sufficient water rights to meet future consumptive water uses at huild-Jtlt. P-04 7 Assuming Avon's rights to 448 acre-feet. Of consumable water, and the esrimated future eonsumptivc use !ruder current practices ranging from 336.3 acre-feel in average-years and 365.2 acre-feet in high-years, excess historic consumptive; use credits at full build-out - will he 111.7 to 82,8 acre-feat, respectively. 8. The omission of a block grant type: provision in Avon's decreed augriientation plan potentially imposes a constraint on the re-allocation of water rights among subcategory consuitlptive uses. This problem has been largely resolved by the decree in Case No. OOC: W083 which permits Avon to use its water rights throughout the entire UERWA system when diverted at the Metcalf Ditch, Raw Water Booster Pump, and the Edwards Drinking; Water Facility. X1236 I`?ay-31 -©2 10=35A Hel?t©n & Wi t l iamsen, P_C_ 1. INTRODUCTION Avon obtains its potable water supplies froth the Upper Eagle Regional Water Authority (UERWA) under water rights leased to or o%vrted by the LIERWA. Those water rights include direct flow and storage rights decreed for municipal and other purposes, relatively senior irrigation ditch rights, and plans for augmeutatioti. The area servud by Avon is currently at 67",' of build-out- The "Village ar Avon" development by EMD, I_LC is not included in this build-out or in the discussions of water use and water rie,hts presented herein. That development adjudicated Lts own plan for augnlentatlofi_ "phis report analyzes Avon's portfolio of water" rights, future water demands, and water right issues- Section 11 dcscrii7es lvan's portfolio of water tights obtained front the nn-itl.il developer and Avon's predeccssor in interest, the Avon Ivlctropolitatl District (Avon District), as well as various agrecments with the UERWA and its rrtember districts. Section I I I compares the present old near-KITUPe water demands with earlier projections, and evaluates the adequacy of Avon's water rights to meet build-out levels. Section IV examines additional is5ucs regarding Avon's water rights. II. WATER RIGHTS A. Decrees in Case Nos. W-327, W-2130, W-3582 and W-3666 By decrees of the District Court in and for Water Division No. 5 (Water Court), 1.11c; following direct flow and storage n`,hts ?+ ere obtained by the Avon District and/or Court the ), 1. ori11- developers of the Avon area: 1. In Case No, W-327, a direct flow water right was conditionally decreed to the H.A. Nottin-grhaill and Sons, Inc. Water Treatment and Storage Project for 3 cfs for domestic, initiation atld other beneficial uses. The origiIla] source of this water right wits Beaver Creek. Subsequently, the Beaver Creek source was abandoned in Case No. W-3664 and this water right wag granted various alternate points of diversion on the Late River. 2 In Case No. W-2130, a direct flow water right was decreed to the Nottingham Domestic Pipeline for 1 cfs absolute for domestic and municipal purposes. The source of this right is Buck Greek. P_05 3. In Case No_ W-3582, a water storage right was decreed for Benchmark Lake (a.k,a. Nottingham Reservoir) for 168.3450 acre feet absolute for domestic, municipal, irrigation. industrial and commercial uses, the sources of which are Buck Creek and the Eagle River. 4. in Case No. W-3666, a direct flow water right was decreed for the Avon Metropolitan Municipal Water System for 5 cfs conditional for municipal, domestic, irrigation and other beneficial uses. The original point of diversion was Benchmark Lake_ By decree of the Water Court in Case No. 80CW64, this water right was granted the night to altematcly divert at two Eagle River alluvial wells. A. Augmentation Plan Decrees in Case Nos. W-3664 and 84CW225 icl2.'.G May-31-02 10:36A Helton & Will ?amsen, P-C. By decree of the Water Court entered in Case No. W-3064, a plan for augmentation w"is decreed for the original area comprising Avon. Specifically, the decree quantified at 443 acre feet per year the historic consumptive use (HCLJ) associated with 15 (11 ffe;re;nt priorities in four inIgation ditches (Metcalf, Nottinvharn & Puder, l turd, and the Johnson & I lotivard Ditches): changed these irrigation rights and the tiruttin,ham Domestic Pipeline and the H.A. Nottingltari & Sons, Inc_ Water Treatment and Srora,e rights to various alternate points of diversion, lnchldln, the hoadgate of the Metcalf Ditch; changed all of theses water rights to domestic, municipal, irrigation and other uses; :rutted the rigllt to store the 14CIJ credits from the irriUat,or: _ rights in Benchmark Lake; and adjudicated a plan for augmentation wllieh utilised he HCu to offset or replace Avon's municipal and other consumptive uses during, the historic irrigation season, and releases from BcrlCIIIIIark Lake to augment Avon's consumptive uses during the rion irrigation season. By decree entered by the Water Court in Case No. 84C: W225, the original aigntentation plan in Case No. W-304 was amended such that depletions totaling 232.822 consumptive tterc, feet per year were augmented utilizing a portion of the 448 acre feet of HCtJ credits. 61.6 acre feet of this total consumptive use was augmented by releases from Benchmark 1_akc. The foregoing water sights and plans for augmentation are senior to the instrearn Ruw appropriations of the Colorado Water Conservation Board (CWCB) for the Ea??le River. The decree in Case No. 84CW225 also adjudicated a First Enlargement for the Avon Metropolitan municipal Water System for an additional 5 cfs conditional. A map of Avon with pertinent water features and stn[ctures is presented in Figure 1 _ Bascd on the auttended augmentation plan in Case No, K4CW225, Avon's annual water d;_-mands and consumptive use was decreed as follows; Use Number Water Consumptive Use Demand (acre feethg) (acre feetiyr) Domestic 6000 wait, 95:.3875 76.271 ` Commercial/ 1,530,000 236.6625 18.933 Industrial sq- fr. Irrigation 91.3 acres 199.OJ 149.280 Pond evaporation 14.2 acres 38.338 M-338**'° Toral 1427.428 282.822 Novcmber-April 71.694 NIa -October 211.128 "in-house CU = 8% •*irrigadon CU 75% of demand ***excludes Eagle-Mail's portion P.06 G tc123n May-31-02 10:36A Helton & williamsen, P_C_ According to the decreed augmentation plan as amended, Avon's water demand averages 1427 acre feet annually and the consumptive use averages 282.8 acre-feet annually. B. Subsequent Augmentation Plans and Decrees Subsequent to the adjudication of Avon's augmentation plans in Case Nos. W-3664 and 84CW225, a number of decrees were entered and applications are pending that involve, change, supplement or enhance Avon's water supply. These decrees and applications are detailed in Appendix 1. In general, these subsequent cases (1) augment the out of priority depletions associated with the diversion of the Avon water rights by the Use of water froill E aglc Park Reservoir, Grecrt Mountain Reservoir and/or Hortlestake Reservoir; (2) permit the diversion of Avon's water rlehts as augmented at the consolidated Fagle River diversion points of the UERWA known as the Metcalf Ditch, Raw Water Booster Purnp and Edwards Drinkin". Water Facility; and (3) maintain Avon's conditional water rights in full force and effect- By virtue: of certain of these decrees, Avon has a dependable source(s) of non-irrigation season auglrictitation water that replace the original reliance on Benchmark I ake as a source of augmentation waWr. C. Water Right Agreements and Conveyances The following are the major agreements and conveyances affecting Avon's•watcr rights: 1. By Quit Claim deed dated May 17, 1989, Benchmark at i.3eavcr Creek quitclaimed to the Avon District the water rights in the augmentation plan decreed itl (:ase No. W-3666 and at the time pending in Case No. 84CW225. P-07 2. By Quit Clain, decd dated January 17, 1996, the Avon District quitclaitrted to Avon the water rights in the augmentation plans decreed in Case Nos- W-3666 and 84C`I'225. By F3111 of Sale of the same date, the Avon District conveyed its water supply and distribution equipment and facilities to Avon_ 3. By Eagle Park Reservoir Agreement dated October 23, 1996, atnono the UERWA and its rrlcinher districts, Avon is allocated 123 acre feet of yield from Fagle Park Reservoir, and Avon pledged 123 acre feet of HCU credits decreed in Case No. W-3664 to provide for the firm vield of Easile Park Reservoir. In addition, Eagle-Vail relinquished to Avon all of its interest in Benclunark Reservoir, subject only to certain limited rights of use in the event of a "water supply emergency." 2A 4. By Agreement dated October' 1996, between Avon and the I.TERWA, the parties agreed, ;unong other matters, to the manner of use of Avon's 123 acre feet allotlncrit of water from Eagle Park Reservoir. This agreement provides in relevant part as follows: "This 12") AI shall be allocated as follows: first, to not less than the 61.6 AF required to alugrrlent out-of-priority depletions currently attributable to Avon during the non-irrigation season; then to 10.1 AF to replace evaporative losses in Benchmark (Nottingham) Lake; and the remainder of the 123 AF, Le_, 51.3 AF, shall be available for Avon's present and future needs. At times when there is a 3 tc ? 2>G M, y-31-02 10:36A Helton & Wi l l iarnsen, P_C_ i surplus after Avon's present and future needs are met, such surplus shall be available for all other authorised uses of the Authority. At Limes when the ? Authority's entitlement to Project Yield is less than 370 AF, it is understood that Avon's Allotment under the Eagle Park Reservoir Agreement will be proportionately less than 123 AF." / 1 q 5. By Quit Claim decd dated October 28, (999), the Eagle-Vail Metropolitan District conveyed all its right, title and interest in 36,2 percent of Benchmark (Nottingham) Lake e to Avon_ The fonnner Eagle-Vail 36.2 percent share amounts to 5.2 acres of $Urface area and 60.9 acre-feet of water. F. Current Avon Water Rights A complete list of Avon's water rights are presented in the attached Appendix 2, which includes 448 acre feet of I-iCU credits decreed in Case No. W-3664. As detailed above, Avon is also the beneficiary of three plans for augmentation decreed to the UERWA which involve reservoir storage: Case No. 92CW291 (Grecn Mountain contract), Case No. 98C'W205 (Eagle Park Reservoir), and pending Case No. 98CW270 (ltomcstakc Reservoir). Generally. these sources are available. daring the non-irri?_ation season to replace depletions. Avon's interest totals 123 acre-feet of dry-year yield in 1?agle Park Reservoir and 61.6 acre-feet in Green .Mountain Reservoir. These two amounts are not additive because average- and wet-year releases from Eagle Park Reservoir are 50 Percent of the dry-year yield. Combined, these two sources average 123 acre-feet per year.t The Homestake Reservoir water has not been allocated to UERWA members. This water will be used to maintain Eagle River stream flow for the benefit of the members_ Moreover, Avon has committed 123 acre feet of its HCU credits in Casc No. 95CW348 to enhance the fimn annu^.1 yield of Eagle Park Reservoir. Iii. ANALYSIS OF FUTURE WATER USES AND DEi TANDS A. Current Estimates of Development By "Single-Family Equivaleut" In an effort to assess tine current level of actual development, this analysis relies on the "single-family equivalent' (sfe) unit of measurement. The UERWA adopted the sfe as a standard to establish meter size, tal) fees, and billing rases. A sfe is a generic residential unit for which the water use is equivalent to a single family's (2.3 people) use_ The number of sfes for a given facility is based oft the dwelling floor area and/or the number of installer! water fixtures. LJERWA will assign more than l sfc to a residential unit but not less than l sfe. Avon's sfe count was 2821.2 sfe in October 2001. The UERWA predicts that Avotl will reach 4228 sfe in 2017 at build-out. B. Water Use Records 'The formula for detcrrlining net average; storage yield =- Green Mountain Reservoir water + 1/2 Eagle Park Reservoir water. P_08 4 tc 1216, May-31-02 10:36A Helton & Williamsen, P_C_ P.49 Potable water service is tttetered to each customer and the customer meters are read monthly, The readings usually are recorded near the middle of the month. Avon records for water use over the period 1998 through 2001 are summarized in Appendix 3. The values are tabulated in a "water year" format, November to October. The State Engineer uses this 12-niond, period to record diversions. Appendix 3 also shows the number of sfes monthly for 1998 through 2001 and the amount of daily water use per sfe. For the COUr years, the rttctcrcd water use averaged 24-1 gpd per sfe_ The monthly averages ranged from 154 gpd per sfe in December to 415 gpd per sfe in September. (Note that December valLtes do riot include the holidays as the meter readings arc taken near the middle of the mouth.) The annual volumes ranged from 228.206 aidlion gallons (700.6 acre-feet) in 1998 to 268.1. million gallons (S27-8 acre-feet) in 2001. Thcsc amounts do riot include any raw writer irrigation of the recreation; fields and parks. C. Future Uses and Demands Predictions of future water diversions and consumptive use at build-out in the year 2017 are presented in Appendix 4. The analysis presents two forecasts. The first forecast assumes sfe unit water demand averaged over the years 1998 through 2001 (average-year) as shown in Appendix 3. The second forecast assumes a higher sfe unit water demand as exhibited in the year 2000 (kith-year). Both the average-year and high-year forecasts assurrnc 4228 sfes at build- out. The consumptive use projections for the year 2017 are based on consumptive use rates set forth in the decree in Case No. 98CW205. The consumptive use totals for the year 20117 are 336.3 acre-fact for the average-year condition and 365.2 acre-feet for the high-year condition. D_ Ability to Serve Conclusion Avon has 448 acre-feet of-historical consumptive use water rights. Combined with its Eagle Park Reservoir and Green Mountain Reservoir water, Avon has 571 acre-feet of consumable water to meet its augmentation needs. However, 123 acre feet of Avon's excess consumptive use credits arc; committed to the fill of Eagle Park Reservoir by virtue of the Eagle Park Reservoir Agreement dated October 23, 1996, and the decree in Case No_ 95CW348. Thus, it has a net of 448 acre feet of augmentation water- This exceeds the predicted amounts of estimated future consumptive use of 336.3 to 365.2 acre-feet under current practices- Therefore, Avon has adequate water rights to meet its future water uses at build-out. tc 1216 may-31-02 10:37A Heron & Wii iiamsen, P-C- 1V. ADDITIONAL WATER RICHTS ISSUES A. The Block Grant Issue P-10 Avon principally relics upon the augmentation plan decreed in Case No. W-3664 as amended in Case No. 84CW225. This original augmentation plan as amended does not contain a provision pennitting the developer to reallocate mater among uses specified in the decree. This will be referred to as the block grata issue. Augmentation plans generally quantify the total amount of water demand and depletions based upon numerous subcategory calculations. Many augmentation plans specify detailed assumptions about the development (e.g., numbers of single family homes, multifamily homes, commercial space, acres of lawns, etc.), the types of use (e-g., in-house residential. irriga(ion, evaporation from ponds), and the depletion rates. These decrees contain an aggregate limit on total water use and limitations based upon the subcategory calculations. If the final development changes from the original proposal and the augmentation assumptions, the state or division engineers may require an amendment to the augmentation plan for changes in subcategories of water use. The subcategory limitations problem can be avoided using a "block grant" type of decreed augmentation plain. The block grant framework sets the total cap on water demand and depletions. but permits the developer or district to reallocate water among the various subcategories of decreed uses so long as the total water use does not exceed the aggregate cap. Under this framework, the developer or district has more flexibility to make changes without having to amend the augmentation plan. Avon's augmentation plans decreed in Case Nos. W-3664 and 84CW225 do not contain an explicit block grant type of provision among the various uses. Since there is no explicit block grant provision, the categories for consumptive use impose implied limits on Avon's use of water. Water use could not be exceeded in anyone of the three subcategories even if the total use remains within the.aggregatc amount o'1282.8 acre-feel. Asa result, the subcategory consumptive uses impose a possible constraint on the rc-allocation of water rights under the original augmentation plan. This potential probleln, however, was offset by a provision in the UEitWA decree in Case No. OOCW083. This decree confirmed the right to divert water rights owned by member districts as originally augmented, including Avon, at the Metcalf lleadgate, Raw Water Booster Pump, and the Edwards Drinking Water Facility for use within the service areas of the UERWA and the Eagle River Water and Sanitation District as said service areas may from time to time be expanded. Therefore, Avon would be able to reallocate its water rights, as changed, throughout the Avon system and the entire UFRWA system providing the water was diverted at either the Metcalf Headgate, Raw Water Booster Pump, or the Edwards Water Facility. To the extent Avon's actual use exceeds any of the current limits from water diverted from other points diversion, the augmentation plan may need to be amended to include a block grant provision that permits all uses so long as the aggregate limit is nut execedud. tc17.36 6 T-v'!ay-"?3 -t]Z 10:37A Helton & Wi ; l zarnsen, P_C_ V. CONCLUSION Avon has a water right supply equal to 448 acre-feet of consumable water based on two primary sources: (a) 448 acre feet of IIC'U credits minus the 123 acre feet dedicated to the yield of Eagle Park Reservoir, and (b) approximately 123 acre-feet from water stored in Green Mountain Reservoir and Eagle Park Reservoir. Storage Water releases will replace out-Of priority deplenons from mid October ftrougl: April, the non-in-igatior, season. For Avon, the depletions during this period total approximately 60 acre-feet for both the build-out uveraSe and high demand levels- The net average yield of Avon's storage sources totals 123 acre-feet, approximately 2 times greater than the predicted amounts. P.1i Avon has sufficient water rights to meet future consumptive water uses at build-out in the year 2017. Assuming average year sfe unit water demand and current practices, Avon's future consumptive use at build-out will be 336.3 acre-feet. If a high-year sfe unit water demand is assumed, then Avon's consumptive use will be 365.2 acre-feet per year. - 'The omission of a block grant type provision in the decreed augmentation plan that potentially imposes a constraint on the re-allocation of water rights among subcategory consumptive uses- This problem has been largely resolved by the decree in Case No. OOCWO8 3 which permits Avon to use its water nights throughout the entire UERWA system when diverted at the Nletcatf Ditch, Raw Water Booster Pump, and the Edwards Drinking Facility. No record title search was conducted in connection with the preparation of this report, and this report flocs riot constitute a title opinion as to Avon's water rights. »1236 7 Mav-31-02 10:37A Helton & Wi l l iamsen, P_C_ P-12 J ., \'. lv? I't ,l ,1;11 I J ?, 1+, .,? , I ''r 71 !)//'/.-t'?j ,r.:, 4 L , ,? 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Li\ ?.?.:? ?I. ,J11"1 ,, 7,?., ,111•('ir, ,.1 t \\r ?,r?' r Z-„` r.. "1? _?:" 1(( (1`, P1'? , ' 1.`'. '- S(.. ?I'}•-_ _ ? ? 1'I ?),? \ .^?'?\.' '1 ^`???? I ^ •\`\` 4C.v ?I? :1 \?- '?r?? :?!1??? 5f. }!i•' _:i- ?.. ? 1 ; Fi' ? ? v 'ij?? II-, \ ?? •? \ • - _ _- `\- _ 'N J, =? .1 '_ :.n-.l, _?7? I1 - '.: _ j•r ??/ /?'.+J _JJJ_ i' (" .I'I, ?.?' ?t, \? - -, i \ ) rt ; :?., 1, ' ... ;w L .40 ,RAW WATER" wrrrh BOOtWR'P41M ? F \ x. +?_7j,!i' fr l i( :L- - ... - / . •%r?. =? > - LAKE, ! s , := r S / rr S„? _ j _ __ • '; Avon _ %r'.?L! ./ .. -:? _?,?Z!'- - - . ?_ _ - - ? ?'?k -•.v? ;-?:':: _' I ?'`_ _ ?- ?(l is (?/ ' i jr%. N;VYVYCP. i f? a 11J? r j'%% ^ i ` f ( \ l l , %._ ?.,.1r F?\ 7 N, `, ,` c.``? - ?? ? !ir_(r ? . -/' ,?j?-?? ?-?\.`\?``1?. •,. ,t ?] ? t7 i? r. 1? ' I ;G -'1?`. Z?.` . - rj`'_1 ? i:r?r?.,•r Z, _\_'-? ?'l /r%^- ? y/-- ??.,' = I%?1 ij, 1 j \ \?.. ?:f? .'i?.'`-.\???,'l;o;? <,, • ;5. '? 'I \ \1 fly{ rli ?\9c ?`__ ,? '? ' i rl i -r %? // j't ?,• 1i ?'\ •iT 1 =i _? _ o \\? m ?!- ?? I FI ?.- _ \ 1 f /ri f' .,/%/??-??-- -????s ,/If : ? ?,\-,e ° \ '-? \,•a •'?,•: :_; -_ l? . \: ?\ -l!ti, t fiJ _ FIGURE 1 LOCATION MAP \?}-.:. ? i ) • ? /?? --_?? }`1? 1\ .l •::\ ;(,4''? AVON METROPOLITAN DISTRICT ° '00° '°°0 N Helton S Wiiliamsen, P.C. WF SCALE IN FEET g January 2[Y)2 0101 May-31-02 10:38A Helton & Wi l l iarnsen, P-C_ APPENDIX 1 );ollowin- are brief descriptions of the water right decrees or pending applications -which involve, change or supplement Avon's water rights that were obtained or filed subsequent to the adjudication of the plans for augmentation decreed in Case Nos. WW-3664 and 84CW225: Case No. 85CW612. The Metcalf and Raw Water Booster Pump Headg.ates were confirmed as alternate points of diversion for the Avon Metropolitan Municipal Water System and First Enlargement. Thesc headtiates divert water from the Eagle River to the UERWA's Avon Water Treatment Plant. Pursuant to the stipulation incorporated in this decree, the CWCB acknowled-cd that no irjciry will re salt to file CWCB"s Nagle River insteam flows from diversions of these Avon wauer rights at the Metcalf and Raw Water Booster Pump Ileadgatcs. P-13 Case. No. 86CW200_ The decree in this case awarded the Avon Metropolitan Municipal Water System as an absolute water right for an additional 2.22 cfs, for a total absolute amount of 4 cfs. Case No. 92CW291. This case adjudicated to the UERWA an exchange of 220 acre-feet of Green Mountain Reservoir water contracted from the Bureau of Reclamation, of which Amon is allocated 61.6 acre-feet. The water replaces out-of=priority depletions in the winter months. The exchange is limited to times when the Eagle River strearntlows below the Metcalf and Raw Water Booster Pump Headgates exceed the Eagle River instream flow appropriations- Case No. 93CW103. The decree in this case obtained a finding of reasonable diligence and continued in full force and effect the conditional water rights used by the UERWA, including all of Avon's conditional rights (3 cfs of the H.A. Nottingham & Sons, Inc. Water Treatment and Storage Project, 1 cfs of the Avon Metropolitan Municipal Water Systern, and S cfs of the Avon. Metropolitan Municipal Water System First Enlargement). Case No. 94CW22. The decree in this case granted the right to alternately divert the Avon hlctropolitan Mfunicipal Water System and First Enlargement at the Clore Creek wells of the Eagle River Water and Sanitation District (ERWSD). This change implements the interconnection of the potable water distribution systems of the UERWA and the 1?RWSD. Case No. 95CW348. In this case the UERWA, ERWSD, and Vail Associates, Inc. adjudicated a plan for exchange that firmed up the yield of Eagle Park Reservoir. The sources of exchange water include historical consumptive use associated with senior irrigation rights, Green Mountain Reservoir water, and snowmaking return flows- Avon committed 123 acre feet of historical consumptive use credits that are excess to the replacement of Avon's summer depletions and Green Mountain Reservoir water. The benefits and obligations of this decree have been transferred to the Eagle Park Reservoir Cornpany. Case N o. 98CW705. The decree in this case adjudicates a plan for augmi ntation which utilizes the 3830 shares (383 acre feet) of Eagle Park Reservoir water owned by the [JERW ^, to replace out of priority depletions resulting from diversions at the Metcalf Ditch and Raw Water Booster Punip Headgates. 123 acre feet of the Eagle Park Reservoir augmentation water is tcl2'6 May-31-02 10:40A Helton & Williamsen, P.C_ P-14 allocated for the benefit of Avon. This decree also establishes depletion rates, expressed as a percentage of the diversion anLOUnts for each member of the UF,RWA. For Avon, tl.e deplcti:ut rates are 8% November-April; 29-4%, May; 30. % June; 32.3% July; 29.6%, August; 33.7% September; and 14.3% October. Case No. 98CW270 (pending). This case was filed by the UERWA, ERWSD, Vail Associates, Colorado River Water Conservation District, Eagle Park Reservoir Company, and the Cities of Aurora and Colorado Springs. It involves the use of tip to 500 acre-feet annually front Hoinestake Reservoir by the entities in the Eagle River basin. U RWA, s yield, 125 acre-feet annually, has not been allocated to the member entities- The water will be used to maintain Eagle River streamllows for the benefit of ,he Member entities. Case Na. 99CW172. This case decreed a change for the 113.87 acre-feet of consumptive use credits that were not committed to Avon's augmentation plans in Case Nos. W-3664 and 84CW225. These consumptive use credits were changed for diversion and storage in Benchmark Lake. It also specified new uses inchiding the replacement of 10.35 acre-feet of irrigation season evaporative losses anti 3.69 acre-fee t of non-irrigation season evaporative losses from Benchmark lake which iiad been the responsibility of the Eagle-Vail Metropolitan District. Case No. OOCW083. This decree established the diversion point for the Edwards Drinking Water Facility as an alternate point of diversion for the Avon Metropolitan Municipal Water System and First Enlargement as augmented in Case Nos. W-3666, 84CW225, 92C`VV291, and 98CW205. This decree also confirmed the right to divert these Avon water rights as augmented at the Metcalf Uitch and Raw Water Booster Pump Headgatcs_ Case No. 01C'WO15 (pending)_ UERWA filed this case. It involves conversion to absolute status and continued diligence of the conditional water rights owned by the me.nbers of the UERWA. As part of this application, a finding of reasonable diligence is sought for all of the Avon conditional water riehts. 9 May-31-02 10:40A Helton & Williamson, P_C_ APPENDIX 2-4 P_15 «1236 10 ma-Y-31-02 10:45A He l ton & W i l l i amsen , P _ C _ z 4 0 Z LU r W x WC a N C7 x z {.L.I CL Q LU 3 0 V W IL Q• I,.z z 11 0 f0 C Z r 0 1 -) ` n L7, e7' ;(?;NIC7T? N t7 M a N' ca ,t? 1 011 tv 1?p I ?!r ' Ir ^I I ? $I r? l m l T e'?ie7 fp Oi l (p p 10 , r1 ° i Ln ((pp ((ppIN' tD I tD N 0!( @ U7 la v f? O OII M Qi IITI < Uj?1iVIUl(aj{?'UIUIV?UIU!U'UI 0j1001 j U U U CQjIU t p VT t 7 U II . . O pQ100 OI ?plG i.-!CO ?tpp 1? cn tC w C" O NN m I Haft ltnl?`dOM1:C') L?1'a'0 t1l 'OO I O " 11J7 ! sT O ? A ti ? r t- I ? ( I M'{? pl M M i O p C3 Z C O _ C ); - a) [ N QiG'c7I p7'M1.OIt'> F4; (y t»;v:O;00l OI%n 0,?lt•' ?.T Nlty; e'710. .-j N a?l?+l r N M !' 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O O T \ O 6 L 0) 0= o o' o o' o o o o o o o o o io o so o !' V 'P7 00000 C0O cY'f- ? to O O O m N Q N 7 m O Q m LL) Lo L6. 0 0 LO 00 oo ? O ! n N ; N N N COs N: CO. RT R1 f-o to N U ? G V- O O € -6 2 Z O ^ O Ns m'? Dl j{7 M. O l6 Q m Qh Z'0?sLL?Q (n0 H o M m v0 z .2 Z m X 0) m C O Q vl 2 Q N O O N C\ LO Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date June 19, 2002 Re: First Reading of Ordinance 02-15, An Ordinance Approving Neighborhood Commercial Zoning for Lot 6, McGrady Acres Subdivision Summary The applicant, Mike Bowen, owns Lot 6 of the McGrady Acres Subdivision. He is seeking to assign Neighborhood Commercial zoning to this property, which is also being annexed into the Town concurrently with this application. The Planning and Zoning Commission recommended approval of this zone change on June 4, 2002 with conditions as attached on Planning and Zoning Resolution 02-08. Recommendation Staff recommends that the Town Council pass Ordinance 02-15 on first reading, adopting Neighborhood Commercial zoning for Lot 6 of the McGrady Acres Subdivision. Alternatives 1. Approve on First Reading 2. Deny on First Reading Proposed Motion "I move to approve on first reading Ordinance 02-15, adopting Neighborhood Commercial zoning for Lot 6 of the McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado" Town Manager Comments _- fd0C-l/ Attachments: A. Ordinance 02-15 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 02-08 D. Minutes from the June 4, 2002 Planning and Zoning Commission Meeting Memo to Town Council, June 25, 2002 Page 1 of 1 Ordinance 02-15, Lot 6 McGrady Acres, Zoning Adoption TOWN OF AVON ORDINANCE NO. 02-15 SERIES OF 2002 AN ORDINANCE APPROVING NEIGHBORHOOD COMMERCIAL ZONING FOR LOT 6 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Edinburgh Corporation has applied for zoning for Lot 6 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development) to NC (Neighborhood Commercial), as stipulated in Title 17 of The Avon Municipal Code, for Lot 6 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on June 4, 2002, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the zoning application; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the zoning application to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2002, at which time the public was given an opportunity to express their opinions regarding the application; and WHEREAS, the Town Council of the Town of Avon finds as follows: 1. The proposed zoning is justified by changed or changing conditions in the character of the area proposed to be zoned. 2. The proposed zoning is consistent with the Town's Comprehensive Plan. 3. The proposed use(s) are compatible with the surrounding area or uses. 4. Adequate facilities are available to serve the development for the type and scope suggested by the proposed zone. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Lot 6 of the McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado is zoned Neighborhood Commercial (NC). 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2002, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 2002, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Patty McKenny, Town Cleric Page 2 of 3 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2002. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 3 Town of Avon Zonin Staff Report June 4, 2002 Planning & Zoning Commission Meeting Report Date May 30, 2002 Legal Description Lot 6, McGrady Acres Subdivision Current Zoning PUD for residential (Eagle County) Proposed Zoning Lot 6: Neighborhood Commercial (NC) Address 0086 Nottingham Ranch Road (0085 Post Boulevard) Introduction The applicant, Edinburgh Corporation, is proposing Neighborhood Commercial (NC) zoning for Lot 6 of McGrady Acres Subdivision. Attached to this report is a copy of Section 17.20.040 of the Avon Municipal Code, the NC zone district. The proposed zoning of Lot 6 is accompanied by ai, aruiexation request for the same lot. Last year, the Town annexed and zoned Lots 1, 2, and 3 of the McGrady Acres Subdivision. Lots 2 and 3 were zoned NC and Lot 1 was zoned Government, Park and Employee Housing (GPEH). Additionally, several new Right-of-Way and access easement tracts were created at that time to align Nottingham Ranch Road, now referred to as Post Boulevard. Zoning Review Considerations According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations shall be made in reviewing rezoning applications: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? The adjacent areas will change to such a degree that this limited amount of commercial zoning is appropriate. The Village at Avon Filing 1 plans includes the new I-70 interchange and the spur road for this interchange will utilize an enlarged, realigned and renamed Nottingham Ranch Road (Post Boulevard) as a means of connection to Highway 6. Vehicular traffic generated by anticipated neighborhood commercial use of this Lot is expected to originate from the Village at Avon and return to either I-70 or Highway 6 via Post Boulevard. It is not possible that commercial traffic will be generated through Eaglebend to serve this property, because the last annexation of Lots 1, 2, and 3 of McGrady Acres required a cul-de sac on Eaglebend Drive. The proposed NC zoning on Lot 6 appears to be justified and fits the new character of the McGrady Acres subdivision and this area of the Town. Town of Avon community Development (970) 748-4030 Fax (970) 949-5749 Rezoning Application for Lot 6 of McGrady Acres June 4, 2002 Planning & Zoning Connnission meeting Page 2 of 3 2. Is the proposed rezoning consistent with the Town's Comprehensive Plan? Goal A2 of the Town of Avon Comprehensive Plan is to ensure the annexed land and adjacent uses are compatible with the existing community. The inclusion of Neighborhood Commercial zoning is compatible with the existing community and the proposed annexation, considering the upgrades that will be made to Nottingham Ranch Road and the addition of a cul-de-sac for existing residents of Eaglebend Filings 1 and 2. The Comprehensive Plan currently identifies the area in question as `mixed use river corridor' with the potential to be developed for a combination of uses such as being proposed here. Additionally, the Town of Avon Comprehensive Plan identifies a `Stolport East District' that should have uses which are "consistent with the overall design themes of the Town and should relate to I-70 and Highway 6/24 access points". The implementation section of the plan states, "Consideration should also be given to the potential for annexation of lands located along Highway 6 and the Eagle River". The potential for both annexation of this property and the proposed Neighborhood Commercial zoning that support the development of the reconfigured access are provided for in the Town of Avon Comprehensive Plan. Though the Town of Avon Comprehensive Plan does not specify a NC zone district for this particular area, the designation appears appropriate considering the location of the same zoning throughout the Town (i.e. at major access point intersections such as Nottingham Road and Avon Road, Avon Road and Hurd Lane), and the recent addition of Lots 2 and 3 directly across from this property with the same zoning. 3. Is the proposed use(s) compatible with the surrounding area or uses? The designation of NC for Lot 6 is the same as Lots 2 and 3. No negative impact is anticipated to the surrounding uses, especially since the previous annexation of Lots 1, 2, and 3 required a ctrl-de-sac to be constructed between this property and the adjacent residences. At complete build-out, the projected traffic count on the realigned and expanded Nottingham Ranch Road is estimated at 14,500 trips per day. Most of this traffic will be generated by the build-out of the Village. It is Staff s belief that the proposed Neighborhood Commercial zoning is compatible with the area. 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? Adequate facilities are available to serve this development. The proposed rezoning is a portion of an existing PUD that is already utilizing all public facilities and services. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Rezoning Application for Lot 6 of McGrady Acres June 4, 2002 Plamiing & Zoning Conunission meeting Page 3 of 3 Staff Recommendation Staff recommends that the Plaiu7ing and Zoning Commission approve Resolution 02-08, recommending approval of the Neighborhood Commercial zoning for Lot 6, McGrady Acres Subdivision with the following conditions: Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Recommended Motion I move to approve Resolution 02-08, recommending approval of Neighborhood Commercial zoning for Lot 6, McGrady Acres Subdivision to the Avon Town Council, with the following conditions: Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-08 SERIES OF 2002 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY PLANNED UNIT DEVELOPMENT (PUD) TO NEIGHBORHOOD COMMERCIAL (NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE, FOR LOT 6 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, the Edinburgh Corporation, owner of Lot 6, McGrady Acres Subdivision, has applied for an amendment to the Zone District Map to change the zoning designation from Eagle County Planned Unit Development (PUD) to Neighborhood Commercial (NC) as stipulated in Title 17, of the Avon Municipal Code for Lot 6, McGrady Acres Subdivision; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Zoning District Map amendment application; and WHEREAS, the Planning & Zoning Commission has considered the following: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? 2. Is the proposed rezoning consistent with town's Comprehensive Plan? 3. Is the proposed use(s) compatible with the surrounding area or uses? FA\Planning & Zoning Commission\Resolutions\2002\Res 02-08 L6 McGrady Acres- Zoning.doc 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone change? NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends approval to the Town Council of the Town of Avon, Colorado an amendment to the Zone District Map changing the zoning designation from Eagle County PUD to Neighborhood Commercial (NC) for Lot 6 of the McGrady Acres Subdivision, citing the following conditions: 1. Town Council will not adopt the zoning ordinance until such time that the Annexation for same property has been adopted. 2. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 4`h DAY OF JUNE, 2002 Signed: Date: 6, Lcf (m, Chris Evans, Chairman Attest: /U-0? Date: Secretary F:\Planning & Zoning Commission\Resolutions\2002\Res 02-08 L6 McGrady Acres- Zoning.doc DRAFT Town of Avon Planning & Zoning Commission Meeting Minutes June 4, 2002 1. Call to Order The Meeting is called to order at 6:05 p.m. II. Roll Call All commissioners are present. A. Election of Secretary Commissioner Karow nominates Commissioner McClinton as secretary, Commissioner Wolfe seconds the motion and the vote is approved unanimously. Ill. Additions and Amendments to the Agenda Item VII, Lot 8, Block 1, Benchmark at Beaver Creek is moved to the consent agenda. Tambi Katieb, Planner II, reads into the record the content of the Site Tour and Worksession meetings. IV. Conflicts of Interest Commissioner Macik has a conflict with Item VII of the agenda. V. Consent Agenda Commissioner Karow motions to approve the minutes from the May 21, 2002 meeting, and that Item VII, Split Rail Fence is approved. Commissioner Macik abstains from this vote. Commissioner Smith seconds the motion, the motion carries unanimously. VI. Sketch Plan A. Lots 40, Block 3, Wildridge Subdivision 4540 Flat Point Single Family Residence Applicant: Michael Farr Eric Johnson, Planning Technician, made a brief staff presentation and stated that staff recommends approval. Chairman Evans responds to the letter that the Commissioners have received regarding "the hump" and talks about the ridge lines vs. the height of this hump. Applicant Michael Farr explained the time that he has spent on this design to achieve the best views and architectural style. He has also spent a great deal of time designing according the Design Review Guidelines and feels that he has achieved the best possible design for that lot. Chairman Evans asked if there was any public comment regarding this application. Dave Wilkenson, who lives on the corner, feels that the Commission needs to take an average of the landscape and grading for this site. He also feels that "the hump" sits up there pretty high and it should be taken down and that the grade also needs to be amended. The project will affect his view corridor. Chris Cook states his concern is the natural grade and "the hump" as well. The hump needs to be re-graded and leveled so that the house does not stick out, he would like to see a lower ridge line impact so that his view corridor may be saved as well. Chairman Evans states that if the applicant wanted to build on the "hump" that he could, also, that he is not exceeding the 35 foot height with his design. The applicant responds that those are true statements. They discuss that if he grades down further it will cause problems with the drainage around his house and design of his house. Commissioner Wolfe states that he only has one comment and that is, that the whole back (south) side of the house is 32 to 33 feet above grade, and he feels that this completely complies with the zoning and design review criteria and he strongly approves of the design. Commissioner Karow, states that this applications does indeed meet and comply with design review guidelines. Commissioners Macik, Smith and McClinton, agree with the other Commissioners and have no comment and agree with approval. Commissioner Karow motions to approve this sketch plan with conditions 2 - 7 of the staff report. Commissioner Wolfe seconds the motion and it carries unanimously. VII. Final Designs A. Lot 8, Block 1, Benchmark at Beaver Creek Subdivision 331 Nottingham Road Split Rail Fence Applicant: Colin Doyle Moved to the Consent Agenda. VIII. Zoning - PUBLIC HEARING (6:20pm to 6:30pm) A. Resolution No. 02-08 - Rezoning Application Lot 6, Mc Grady Acres 0086 Nottingham Ranch Road (0085 Post Boulevard) Applicant: Burt Levin for Edinburgh Corporation 78 Mr. Katieb gave a brief staff presentation, stating that there are also maps on the wall for those who would like to view the portion that is in question. Staff has reviewed application and is recommending approval. Burt Levin, the applicant's Attorney, appreciates the staff report and the time they have spent reviewing the application and really does not have anything further to add. Chairman Evans opens the Public Hearing. Buz Didier, states that none of the neighbors have a problem with the rezoning, however we would like to see some buffering done to help separate the commercial areas from the residential, for instance a berm or some trees, etc. Amy Phillips, resident, states that she would like to insist that they do some sort of buffer along with some sort of public right of way, either a walk/bike path or something that would provide public access to the commercial area from Eaglebend. Chairman Evans, explains that the buffer is something that if the owner wants to put that into the resolution he can, but that the Commission has no way of insisting that they do a buffer. He goes on to explain at the time of design review perhaps these items could be addressed. Commissioner Wolfe then questions the applicant about going on the record with the buffer requirements. Mike Bowen, Applicant, states that at this time they do not wish to go on record with buffer requirements. However, at some point he will put a berm or trees in, they are just not ready to go on the record. Commissioner Karow, states that this application meets our zoning considerations and recommends approval. Commissioner Macik, Smith and McClinton agree with the other Commissioners and have no comments to add. Commissioner Karow motions to approval Resolution 02-08 with two conditions as noted in the staff report and resolution. Commissioner McClinton seconds the motion and it carries unanimously. IX. Other Business A. Minor Projects 1. Lot 83, Block 1, Wildridge Subdivision 2458 Draw Spur Road Color Modification Applicant: Jeff Manley 2. Lot 47, Block 2, Wildridge Subdivision 2540 Old Trail Road Deck and Parking Addition Applicant: Vincent and Amy Guercio B. Sign Permits 1. Lot 45, Block 2, Benchmark at Beaver Creek Subdivision 480 Nottingham Road Applicant: New Life Assembly of God Eric Johnson, Planning Technician gives a brief presentation/description of the items under other business. There are no questions for staff. Commissioner Wolfe inquires about the possible East/West connection in Avon. XI. Adjourn Commissioner Wolfe motions to adjourn. Commissioner Smith seconds and the motion, and it carried unanimously. Meeting adjourned at 6:40 p.m. Sincerely, Darcy D. Tennant Recording Secretary APPROVED: Chris Evans Chairman C Mike McClinton " AAA Secretary MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 11, 2002 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor Protem Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Planner Tambi Katieb, as well as members of the press and public. Swear-In New Council Member Brian Sipes Judge Buck Allen was present to swear-in newly appointed Council member Brian Sipes. Ordinances Town Attorney John Dunn presented Ordinance No. 02-08 for second reading summarizing the intent of the changes to the Code. Mayor Yoder opened the public hearing for comments, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve Ordinance No. 02-08, Series 2002 on second reading, an Ordinance amending the Municipal Code of the Town of Avon to make more effective the enforcement of the zoning and building regulations of the Town; enlarging the jurisdiction of the Municipal Court of the Town of Avon; authorizing a schedule of fines for certain violations; and providing for the violation hereof. Councilor Brown seconded the motion and it passed unanimously. Planner Tambi Katieb presented Ordinance No. 02-11, Series 2002 for second reading. He noted that the applicant TS Properties, Inc. owns Lots 42 and 43, Block 4 in Wildridge and are seeking a PUD amendment in order to create 3 duplex lots instead of two four duplex lots thus removing two development rights from these lots that are currently zoned for 4 units each. Mayor Yoder opened the public hearing, no comments were made, and the hearing was closed. Councilor Sipes moved to approve Ordinance No. 02-11 on second reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for lots 42 and 43, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor P. Buckley seconded the motion and it passed unanimously. Tambi Katieb presented Ordinance No. 02-12, Series 2002 for second reading. He noted that the applicant Michael Dantas owns Lots 10 and 11, Block 2 in Wildridge and is seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. Mayor Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve Ordinance No. 02-12, Series 2002 on second reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 10 And 11, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously. Tambi Katieb presented Ordinance No. 02-13, Series 2002 for second reading. He noted that the applicants Tom Darcin and Michael Dantas own Lots 47 and 48, Block 1 in Wildridge and are seeking a PUD amendment in order to create 3 single family lots instead of two duplex lots thus removing one development right from these lots that are currently zoned for 2 units each. Mayor Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor McDevitt moved to approve Ordinance No. 02-13, Series 2002 on second reading, an Ordinance approving an amendment of the Wildridge Planned Unit Development (PUD) for Lots 47 And 48, Block 1, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it passed unanimously. Town Manager Report Bill Efting reminded the Council that another appointment to the Planning & Zoning Commission was required. Council instructed him to call upon the runner up during the last appointment. Efting would report back to the Council with follow-up at the next work session. Efting also provided the audience with an update to the 4"' of July fireworks celebration stating that a decision as to whether or not proceed with the fireworks display would take place seven to ten days prior to July 4tl'. The concert would continue as planned. Mayors Report Mayor Yoder welcomed former Planning & Zoning Commissioner to the Town Council table extending her congratulations to him on behalf of the Council. Councilor Sipes was appointed to serve the remaining term vacated by Rick Curly. Consent Agenda a) Approval of the May 28, 2002 Council Meeting Minutes b) Salute Band Contract between Rock Your World and Town of Avon, 2002 c) Salute Band Contract between Hazel Miller and Town of Avon, 2002 d) Salute Band Contract between Little Blue and Town of Avon, 2002 e) East Avon, Change Order #2 and #3 f) East Avon, Change Order #4 g) East Avon, Change Order #5 h) The Village (atAvon Filing 2) - Escrow Agreement Buffalo Ridge I&II Regular Council Meeting Page 2 of 3 June l 1, 2002 i) Turner Collie & Braden, Inc. Construction Observation Proposal - the Village (at Avon) Filing 1 j) Eagle River Recreation Path II - Award Construction Contract k) Field Service Terrason - East Avon Street Improvement 1) Resolution No. 02-29, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 42 and Lot 43, Block 4, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. m) Resolution No. 02-30, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 10 and Lot 11, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. n) Resolution No. 02-31, Series 2002 - A Resolution approving the Final Plat, a Resubdivision of Lot 47 and Lot 48, Block 1, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. o) Resolution No. 02-32, Series 2002, a Resolution amending the Master Deed Restriction Agreement for Lot C PUD ("Mountain Vista Resort "), Avon Center at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder asked for a motion on the Consent Agenda. Councilor Reynolds abstained from voting on the Consent Agenda due to a conflict with item "j" - Eagle River Recreation Path. Councilor D. Buckley moved to approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried unanimously. There being no further business to come before the Council, Councilor McDevitt moved to adjourn the meeting. Councilor Buckley seconded the motion. The meeting adjourned at 6 PM. RESPECTFULLY SUBMITTED: - /I ?c Lf Patty Bier e-McKenny, own Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting June 11, 2002 Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -? From: Norn Wood, Town Engineer- Anne Martens, Assistant Town ngineer Date: - June 18, 2002 Re: 2002 Street Repair and Improvements B & B Excavating, hic. - Construction Contract Summary: Bids for the 2002 Street Repair and Improvements Project were received on June 14, 2002.. B & B Excavating, hie. submitted the Low Bid of $147,098.10. It is recommended that the Contract be awarded to B & B Excavating, Inc. based upon their Low Bid. Discussion: Three bids were submitted in response to the Advertisement for Bids for the 2002 Street Repair and Improvements. The three bids received ranged from $147,098.10 to $178,442.80, with an engineer's estimate of $175,766.00. These Bids are summarized on the attached Bid Summary Sheet. B & B Excavating, hic., submitted the Low Bid of $147,098.10. We have reviewed the Bid submitted by B & B Excavating, Inc. and find it to be reasonably consistent with the Engineer's Estimate and the other Bids received. We do not see any unreasonable discrepancies in the various unit prices to indicate potential problems. We recommend council award the contract to B & B Excavating, hnc., the low bidder. The Street Repair and hmprovements for 2002 consist of milling and installing a 2-inch asphalt overlay on Buck Creek Road from the first bridge deck to the intersection with Wildwood Road. There was also two alternates bid and recommended for approval as part of the 2002 Street Repair and Improvements Project. Bid Alternate No. One consists of applying an asphalt patch to Benchmark Road. Bid Alternate No. One will increase the contract amount by $1,044.78 to $148,142.88. C:\DOCUments And Settings\Nwood\Local Settings\Temporary Internet Files\0LK2\Memo Bid Award.Doc Bid Alternate No. Two consists of applying an asphalt patch to East Beaver Creek Blvd. Bid Alternate No. Two will increase the contract amount by $4,240.22 to $152,383.10. The proposed Total Budget for this Project is as follows: Construction Contract (with alt. no. 1 & 2) $152,383 Testing $ 1,000 Contingencies (10 %) $ 15,338 Total Estimated Cost $168,721 We recommend approval of the Bid submitted by B & B Excavating, Inc., including Bid Alternate No. One and Bid Alternative No. Two, in the amount of $ 152,383.10 for construction of the 2002 Street Repair and Improvements Project. Recommendations: Approve Bid submitted by B & B Excavating, hic., including Bid Alternate No. One and Bid Alternative No. Two, in the amount of $ 152,383.10 for construction of 2002 Street Repair and Improvements Project. Town Manager Comments: CC G? 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Q Q 75 2 2 z ?Uw m m z = >:J ?.. m m Q Q w Q Q Q m U 0 O r ¢ m U 0 F- Q F 0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer -?6) Anne Martens, Assistant Town Engineer Date: 6/20/2002 Re: Resolution No. 02 - 33, Approving the Final Plat, A Resubdivision of Lot 21, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2165 Saddle Ridge Loop) Summary: Jim McVey, owner of Lot 21, Block 1, Wildridge, has submitted a Final Plat to resubdivide Lot 21, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 21A and 21B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02 - 33, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 21, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: CO-1 ck? I:\Engineering\Subdivision\Wildridge\L21 B1 WR.doc TOWN OF AVON RESOLUTION NO. 02 - 33 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 21, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Jim McVey has submitted a Final Plat for a Resubdivision of Lot 21, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 21, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny Town Clerk I:\Engineering\Subdivision\Wildridge\L21B 1 WRres0233.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ;j i5-; From: Norm Wood, Town Engineer//?I-- Anne Martens, Assistant Town Engineer Date: June 20, 2002 Re: Nottingham Road Bike Path Change Order 4 Summary: Attached Change Order Number 4 for the Nottingham Road Bike Path Project represents a change to the Contract Time due to a weather delay. Change Order Number 4 extends the Contract Time to June 27, 2002. This allows for the remaining outstanding issues such as painting of the railing and landscaping issues to be completed. There is no cost associated with this Change Order. The date of completion would then be June 27, 2002. Approval of Change Order Number 4 to the B & B Excavation, Inc. contract for construction of the Nottingham Road Bike Path is recommended, increasing the Contract Time by 58 calendar days with a completion date of June 27, 2002. Recommendations: Approve Change Order Number 4 to the B&B Excavation, Inc. contract for constriction of the Nottingham Road Bike Path, increasing the Contract Time by 58 calendar days with a completion date of June 27, 2002. Town Manager Comments: T- CG17 Cv1-1 C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Files\0LK2\C0 Memo 4.Doc CHANGE ORDER Order No.: Date: Agreement Date: A 6-5-02 NAME OF PROJECT: Nottingham Road Bike Path OWNER: Town of Avon CONTRACTOR: B&B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: N/A Justification: N/A Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ 650,056.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 700,571.11_ The CONTRACT PRICE due to this CHANGE ORDER will be unchanged $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $_700,571.11 Change to CONTRACT TIME: The CONTRACT TRAE will be increased (from the end of the weather delay) by 58 calendar days. The date for completion of all work will be June 27, 2002 (Date). APPROVALS REQUIRED : Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable):