TC Council Packet 09-24-2002Town Council Meetings
Roll Call Check Sheet
Date: cda-?10?r-
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes `c
Judy Yoder
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 Elting Jeff Layman
Larry Brooks Norm Wood
John Dunn Meryl Jacobs
Patty McKenny Bob Reed
Jacquie Halburnt Harry Taylor
Scott Wright
Ruth Borne
Other Staff
IATown Clerk\Council\Packets\Council Meeting Check List.doc
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 SEPTEMBER 24, 2002, AT
4:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
4:45 P.M. - 5:15 P.M. 1) Non-Profits - Request for Funding
5:15 PM - 5:30 PM 2) 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: 2" c
Pay cKenny
To Jerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 20, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
FINANCIAL MATTERS
September 24, 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:9/17/2002
For: 1/1/2002 through 9/17/2002 Pagel of 5
Permit Purpose:
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 34 Construction Value: $865,755.04
# of Bldgs: # of Units: Permit Charges: $64,174.96
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: Expand Commercial/Industrial
Permit Tally Printed:9/17/2002
For: 1/1/2002 through 9/17/2002 Page2of 5
Permit Purpose: Expand Commercial/Industrial
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges:
Private: 1 Construction Value: $10,000.00
# of Bldgs: # of Units: Permit Charges:
Permit Purpose: Expand SF Residential
Public:
# of Bldgs: # of Units:
Private: 3
# of Bldgs: 2 # of Units: 3
Construction Value: $.00
Permit Charges:
Construction Value: $303,396.90
Permit Charges:
$.00
$299.06
$.00
$4,337.35
Permit Purpose: New Commercial/Industrial
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 5 Construction Value: $29,758,825.00
# of Bldgs: 1 # of Units: 2 Permit Charges: $189,493.14
Permit Purpose: New MF Residential
Permit Tally
For: 1/1/2002 through 9/17/2002
Permit Purpose: New MF Residential
Printed:9/17/2002
Page3of5
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 17 Construction Value: $30,742,941.12
# of Bldgs: 19 # of Units: 244 Permit Charges: $241,872.51
Permit Purpose: New SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 9 Construction Value: $7,045,397.20
# of Bldgs: 7 # of Units: 9 Permit Charges: $80,124.59
Permit Purpose: Pools/Hot Tubs
Public:
# of Bldgs: # of Units:
Private: 1
# of Bldgs: # of Units:
Construction Value: $.00
Permit Charges:
Construction Value: $75,000.00
Permit Charges:
$r.00
$202.64
Permit Purpose: Repair/Remodel Comm/Indust
Permit Tally Printed:9/17/2002
For: 1/1/2002 through 9/17/2002 Page4of 5
Permit Purpose: Repair/Remodel Comm/Indust
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 10 Construction Value: $96,149.00
# of Bldgs: # of Units: Permit Charges: $3,333.49
Permit Purpose: Repair/Remodel MF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 4 Construction Value: $35,200.00
# of Bldgs: # of Units: Permit Charges: $1,456.56
Permit Purpose: Repair/Remodel SF Residential
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 8 Construction Value: $60,000.00
# of Bldgs: 1 # of Units: 2 Permit Charges: $1,627.04
Permit Tally
For: 1/1/2002 through 9/17/2002
Printed:9/17/2002
Page5 of 5
Permit Purpose: Repair/Remodel SF Residential
Totals:
Public:
# of Bldgs: # of Units:
Construction Value: $.00
Permit Charges: $.00
Private: 94 Construction Value: $71,351,293.38
# of Bldgs:43 # of Units: 276 Permit Charges: $602,980.28
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2002
Aug-02
Purchaser Amount of RETT
Name Property Received
July Balance Forward
$1,074,968.93
Title Comp Rockies Christie Lodge Timeshare $716.80
Title Comp Rockies Christie Lodge Timeshare $499.20
Title Comp Rockies Christie Lodge Timeshare $403.20
Title Comp Rockies Christie Lodge Timeshare $387.20
Title Comp Rockies Christie Lodge Timeshare $185.60
Timeshare Transfer Christie Lodge Timeshare $12.00
Holiday Falcon Pointe Timeshare $14.80
Title Comp Rockies Lakeside Terrace $1,219.60
Title Comp Rockies Lakeside Terrace $899.70
Title Comp Rockies Lakeside Terrace $699.90
Title Comp Rockies Lakeside Terrace $674.82
Title Comp Rockies Lakeside Terrace $594.80
Title Comp Rockies Lakeside Terrace $244.90
Title Comp Rockies Sheraton Mtn. Vista # 69 $9,557.90
Title Comp Rockies Sheraton Mtn. Vista # 68 $5,728.70
Peplinski, Kerry Avon Crossing #2201 $960.00
O'Dell Donald Gosshawk Townhomes #2 $1,400.00
Schumacher, Eric Beaver View Condo Unit C $2,900.00
Schumacher, Eric Beaver View Condo Unit C $300.00
Bernstein, Rachel Lot 23A, Blk 3 (Wildridge) $6,800.00
Holguin, Hugo Avon Center @ B.C. #403 $4,400.00
Simpson, William Gemini Duplex Townhouse $7,200.00
Hetrick Jane F. Avon Lake Villas # K-3 $980.00
Quinn, Edward Sunridge II, 202 L (Condo) $3,000.00
Phillips, Cynthia Lilly SunridgeC-208 (Condo) $60.00
Tischer, Lai T. Sunridge ll, Unit P-103 $2,680.00
College, Karla Sunridge @ Avon M-204 $3,040.00
Wadey, Matthew & Cox Alison Saddleridge Condo #1 $3,400.00
Woodward, Bruce & Lucie Stone Creek Condo #101 $760.00
Hubersberger, Dale Stone Creek Condo #111 $3,600.00
Kirkpatrick, Nancy & Richard Lodge @ Brookside #107 $6,200.00
Havlik, Dennis & Bonnie Lot 34, Blk 1,(Benchmark) $25,000.00
$94,519.12
Total through -----August $94,519.12
Total through ----- July $1,074,968.93
Total ----- Receipts 1,169,488.05
TOWN OF AVON
SALES TAX BY MONTH
1998 97'-98'% 1999 98'-99'% 2000 99'-001% 2001 001-01% 2002 01'-02% Total 5-Yr
Change Change Change Change Change % Increase
January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53%
February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 400,493.88 -0.22% 5.92%
March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 482,084.42 -4.24% 4.76%
April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% 289,326.67 -15.91% -6.73%
May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% 299,677.89 -5.56% 20.31%
June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% 355,114.35 -9.80% 5.20%
July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% 398,917.84 -8.27% 7.79%
August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% - -100.00% -100.00%
September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% -100.00% -100.00%
October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% -100.00% -100.00%
November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00%
December 550,077.22 3.03% 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% 2,637,405.35 -5.91% 6.15%
YTD Through July Collections 1998-2002
2,850,000.00
2,800,000.00
2,750,000.00
2,700,000.00
2,650,000.00
2,600,000.00
2,550,000.00
2,500,000.00
2,450,000.00
2,400,000.00
2,350,000.00
2,300,000.00
Year
Monthly Collections for July 1998-2002
440,000.00
430,000.00
420,000.00
410,000.00
400,000.00
390,000.00
380,000.00
370,000.00
360,000.00
350,000.00
340,000.00
330,000.00
1998 1999 2000 2001 2002
1 2 3 4 5
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1998 97'-98% 1999 981-99% 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% 8,424.93 24.83% 46.19%
June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% 13,301.20 -14.90% 5.49%
July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% 21,435.73 -5.02% 2.83%
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% 186,527.71 -2.13% 0.32%
YTD Through July Collections 1998-2002
23,000.00
22,500.00
22,000.00
21,500.00
21,000.00
20,500.00
20,000.00
19,500.00
Monthly Collections for July 1998-2002
23,000.00
22,500.00 -
22,000.00
21,500.00 J- ---- -
21,000.00/ ' - - -
20,500.00
20,000.00 ?/ - r;-
19,500.00 - --_ __ -- ----- ---- - - - _.,,
1 2 3 4 5
1 2 3 4 5
Year
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
SEPTEMBER 24, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
3. Ordinances
a. Second Reading - Ordinance No. 02-21, Series 2002 - An Ordinance amending
Chapter Nine of the Municipal Code of the Town of Avon to prohibit the sale of
fermented malt beverages to persons under the age of twenty-one years.
PUBLIC HEARING
4. Resolutions
a. Resolution No. 02-43 - Repealing the Provision for a Compliance Deposit in the
Town of Avon Residential, Commercial, and Industrial Design Review
Guidelines
5. Unfinished Business
6. New Business
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a. Approval of the September 10, 2002 Council Meeting Minutes
b. East Avon Access & Circulation Streetscape Improvements - CO No. 10
C. Eagle River Bike Path - CO #2
12. Adjournment
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 24TH DAY OF
SEPTEMBER 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-21, SERIES OF
2002:
An Ordinance amending Chapter 9 of the Municipal Code of the Town of Avon
to prohibit the sale of fermented malt beverages to persons under the age of
twenty-one years.
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and
may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 20th day of September 2002.
TOWN OF AVON, COLORADO
BY: Paz, ? c ??nj
Pa "cKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 20, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
TOWN OF AVON, COLORADO
ORDINANCE NO. 02-21
SERIES 2002
AN ORDINANCE AMENDING CHAPTER 9 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON TO
PROHIBIT THE SALE OF FERMENTED MALT
BEVERAGES TO PERSONS UNDER THE AGE OF
TWENTY-ONE YEARS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Title 9 of the Municipal Code of the Town of Avon is amended by repealing Sec.
9.12.060 and Sec 9.12.070 and reenacting them as follows:
9 12 060 Possession of liquors by under-age person. A. It is unlawful for any
person under the age of twenty-one to have in his possession or in his control in a
public place or a privately owned place opened to the use and access of the public,
any malt, vinous or spirituous liquors in any container of any kind, whether open or
unopened, within the town limits of the town.
B. It is unlawful for any person under the age of twenty-one years to have
in his possession or under his control in any public place or privately owned place
open to the use and access of the public any fermented malt beverage in any
container of any kind, whether opened or unopened, within the town limits of the
town.
9.12.070 Sale to Underage Persons. A.. It is unlawful for any person to procure for, sell
to, or give away within the town any malt, vinous, or spirituous liquors to any person
under the age of twenty-one years.
B. It is unlawful for any person to procure for, sell to or give away within the
town limits of the town any fermented malt beverages to any person under the age of
twenty-one years.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 10th day of September, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 24th day of September, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
May
ATTEST:
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 24th day of September, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Development
IV -
Date September 20, 20002
Re: Repeal of Compliance Deposit - Resolution No. 02-43
Summary:
On April 9, 2002, Resolution 02-20, a Resolution to Repeal the Compliance Deposit
contained in the Residential, Commercial, and Industrial Design Review Guidelines was
defeated and a moratorium established to allow staff to work on alternatives for
enforcement of zoning and building code violations. Working with Judge Buck Allen and
John Dunn new penalties were established, which authorize staff to issue tickets for the
specific violations. A copy of the revised Penalty Assessment Schedule is attached hereto
for your review.
With regard to the red tag provisions, it was determined that the current zoning code
authorizes the Building Official to "red tag" a project for zoning violations.
The attached Resolution No. 02-43 repeals the applicable section of the Design Guidelines.
Recommended Motion: I move to approve Resolution No. 02-43, A Resolution
repealing the provision for a Compliance Deposit in the Town of Avon Residential,
Commercial, and Industrial Design Review Guidelines.
Town Manager Com ents:
r:-_- . 'C' t' ) 1?'71 IV I
? /
Attachments:
• Penalty Assessment Schedule
• Resolution 02-43
Memo to Town Council, March 26, 2002 Page 1 of 1
Design Compliance Deposit
AVON MUNICIPAL COURT
Penalty Assessment Schedule
Violation 15t Offense 2"d Offense
8.24.040 Keeping Junk $100 $200
8.24.042 Parking and Driving $100 $200
In Designated Areas
8.24.045 Weeds $100
8.24.050 Depositing Waste $100
Materials
8.24.065 Driveways Must Be $100
Paved
8.24.070 Spilling Loads on $100
Highways Prohibited
8.24.085 Limitation of Construction $100
Activity
8.24.100 Ice and Snow Overhangs $75
and Accumulations
8.24.110 Ice and Snow on Sidewalk, $75
Public Passage Way or
Parking Area
10.04.040 Violations - Penalties $100
15.08.025 Cleanup During $100
Construction
15.08.300 Violations $100
15.12.060 Violations $100
15.20.110 Violations $100
15.24.110 Violations $100
17.12.030 Permit Requirement $100
17.12.070B Violations - Penalties and $100
Remedies
$200
$200
$200
$200
$200
$150
$150
3`d Offense
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
$200 Mandatory Court
TOWN OF AVON
RESOLUTION NO. 02-43
SERIES OF 2002
A RESOLUTION REPEALING THE PROVISION FOR A COMPLIANCE
DEPOSIT IN THE TOWN OF AVON RESIDENTIAL, COMMERCIAL,
AND INDUSTRIAL DESIGN REVIEW GUIDELINES
WHEREAS, the Town of Avon adopted the Town of Avon Residential, Commercial and
Industrial Design Review Guidelines ("Design Guidelines") on November 6, 2001, which
included a provision for a Compliance Deposit; and
WHEREAS, the Town of Avon has determined that the Compliance Deposit provision
requires revocation; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF AVON, that the
Compliance Deposit provision in the Design Guidelines, page 45 is hereby revoked and
deleted.
ADOPTED THIS 9TH DAY OF APRIL, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Town Clerk
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
. HELD SEPTEMBER 10, 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, Brian Sipes and Mayor Pro
Tern 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, Community
Development Director Ruth Borne, and Planner Tambi Katieb, as well as members of the press
and public.
Citizen Input
Steve Miller, property owner, resident of Avon, and candidate for Town Council, commented on
his concern about the Town Council carrying on the level of business at a work session. He
suggested that Council move the meeting to a time when the majority of citizens could attend.
He is interested in the process becoming more public.
Kristi Ferraro, resident of Avon, addressed the Council with regard to dust problems occurring at
the Village at Avon project. She expressed concern about the lack of dust mitigation regulations
in place to protect the citizens. With current drought conditions, Traer Creek now no longer has
to pay for water to mitigate the dust problems the project is creating. It is time to address this
problem once again, since construction will continue for some time.
Efting noted that two monitoring devices are in Town limits, one at the Village at Avon site and
the other at the Nottingham Lake. Efting noted that neither monitor has shown dust levels
exceeding 40% to indicate any serious health risks. Discussion occurred about the timing of
starting the trucks at the project. Kristi thought the water trucks should start first at 7 am,
complete its route and then construction could begin. This would help protect the citizens from
all the dust.
Stuart Borne, Shapiro Development, addressed the Council to let them know that he has seen this
Council as very accessible and open about any public discussion.
George Plavic, owner of Terramont Contractors and citizen of Avon, submitted a letter to Town
Council expressing his disappointment in the action Town Council took to impose an unfair and
unbalanced tax in the form of a Use Tax. He explained his position and believed that it taxes
only the building community. He was very concerned about how the tax would actually work.
Mike Dantas was also present to express his opposition to the use tax. He sees that it is an unfair
tax because it taxes only the building community.
Councilor McDevitt commented on the fact that Colorado State Statues already impose a tax on
building materials purchase in the State and that this tax is not being collected locally. The
passage of the ballot question would allow the Town to collect the tax at the building permit
level as opposed to policing the retail outlet that sells the materials. Town staff is currently
researching how staff would collect and audit the use tax. Some further discussion occurred and
Mayor Yoder wrapped up the discussion by acknowledging that all the points raised had some
validity and the Avon resident would have an opportunity to have the final say by voting on the
question at the November election.
New Business
Ruth Borne presented to Town Council an appeal of the Planning and Zoning Commission's
final design decision on September 3, 2002 for the facade improvements at Wal-Mart. The
applicant prefers not to revise the facade improvements because of the financial considerations
associated with the arches on the Wal-Mart facade combined with the stucco and painting
improvements proposed for Chapel Square. Planning & Zoning Commission approved final
design for the Wal-Mart facade with the condition that the arches and stone columns be added
except on the west elevation of the building. So in response to this decision, the applicant filed
an appeal to try to relieve them of the condition to add the arches and stone columns and use the
money instead to paint the building. Mayor Yoder noted that the appeal and the Ordinance No.
02-19, which followed on the agenda, are two separate items the Council is considering.
The applicants were present again to explain why they appeared before Council with this appeal.
The applicants proposed painting the project instead of adding the facade to Wal-Mart since in
the near future the building would see new tenants. It would be likely that the new tenants would
then want changes made to the building. The applicant was asked what their relationship was
with Traer Creek, and their response was that there was no relationship. Once Wal-Mart vacates
the space, Traer Creek controls the space. Once the new tenant takes over, the current owner is
no longer bound to make any changes. Traer Creek as owner would be the responsible party.
However, Traer Creek would not be responsible for making any facade improvements.
Chris Evans, Chairman of Planning & Zoning, explained the history of decision made about the
project. He noted that continuity between the buildings would be made by constructing the
columns and arches. It was supposed to be completed last October. The decision was difficult
but the vote was unanimous to include this condition. Their primary concern was to obtain the
look of continuity vs "who" had to make the changes and the ability to finance them.
At this time, Council expressed their desire to balance the design issue with the financial issues
at hand. Greg Gastineau, Timberline Management, just reiterated their desire to make a
compromise with regard to this issue and his preference to paint instead of constructing the
arches/columns.
Councilor Sipes suggested transferring the responsibility of changing the facade to Traer Creek.
It was suggested tabling the decision. The applicant expressed their concern about the running
out of time yet this year to complete the painting of a building that size.
Councilor Brown moved to approve the appeal of the Planning & Zoning decision with regard to
the Chapel Square facade improvements. Councilor P. Buckley seconded the motion. (This
motion which upholds the appeal made and removes the final condition to require the arches and
stone columns). A roll call vote was taken as follows: Brown, McDevitt, Reynolds, and P.
Buckley - yea; D. Buckley and Sipes - nay. The motion passed with a four to two vote.
Regular Council Meeting Page 2 of 5
September 10, 2002
Ordinances
Community Development Director Ruth Borne presented Ordinance No. 02-19, Series 2002 for
second reading. She noted that the applicant, LB Chapel Square, LLC submitted a PUD
amendment to amend the Chapel Square PUD to remove "Note 16" and replace it with the note
as outlined in the Ordinance and to remove the "Chapel" designation from the zoning documents
to allow for the construction of a loading dock to serve Building C. Staff recommended approval
of the Ordinance. Councilor Brown asked if the prior vote conflicted with Ordinance No. 02-19.
Ruth said it did not. A fine was proposed in the Ordinance if the applicant does not comply with
the fagade improvements by October 2003.
The public hearing was opened, no comments were made and the hearing was closed. Councilor
Brown moved to approve on second reading Ordinance No. 02-19, Series 2002 - An Ordinance
approving an amendment of the Chapel Square Planned Unit Development (PUD) for Lots 22,
22A, 22B, Tracts A, B-1, B-, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon,
Eagle County, Colorado. Councilor Reynolds seconded the motion and the motion passed
unanimously.
Planner Tambi Katieb presented Ordinance No. 02-20, Series 2002 for second reading. He noted
that the applicant, Suites at Avon LLC, submitted a PUD development plan to re-establish a
PUD Development Plan for Lot B. The history of this proposal included approval of Lot B PUD
via a Development Agreement on September 19, 1998, and subsequent approval of a Preliminary
Development Plan for this project on December 3, 1998 by Ordinance No. 98-23. Additionally,
a final development plan was approved by Ordinance 99-3 (effective on February 23, 1999).
This final development plan has since expired and the project applicants are now seeking to
reestablish this final development plan.
Tambi noted that Lot B is vested with a maximum of 50,000 sq. ft. of commercial space. The
Preliminary Development and Zoning plan included 22,404 gross leaseable floor area of
commercial space. The current proposal included 17,503 gross leasable floor areas of
commercial space and 3,186 of common area/lobby. The 4,901 sq. ft. difference between the
previous approval and what is currently being proposed has been eliminated from the second
floor. He noted that the applicant can expand the commercial square footage of the project as
long as the parking requirements are met without any further amendments.
On first reading Town Council requested further information regarding the tax difference
between the previous Lot B PUD approvals and the current submittal, specifically as it relates to
the reduced commercial component. The packet included a letter from Suite of Avon LLC along
with a recent appraisal of market rents that contends that the market does not support commercial
space on the second floor. In the event the Town Center plan is implemented, then the
commercial area may be increased to accommodate the need for more retail and restaurant space.
Stuart Borne, Shapiro Development, was present along with Gordon Milbreth, owner's
representative, and Pat Nook, PWN Architects and Planners. Stuart addressed the difference of
the retail vs. residential in the current plan. He would like to maintain the ability to do more
commercial based on market need and their ability to accommodate the parking. He also
acknowledged the idea that Council had some issues with the architecture and referred to address
those issues at final design. He suggested that the design of the building compliments that of the
Avon Center. He informed the Council that as property manager of that building as well, there
Regular Council Meeting Page 3 of 5
September 10, 2002
would be cosmetic changes made to it in the future. In summary, improvements would be made
in that entire area. Pat Nook addressed the Council with regard to design of the building. He
highlighted the pedestrian nature of the design and the proposed colors of the building.
The public hearing was opened, no comments were made, and the hearing was closed. Council
made the following comments:
Councilor Sipes was not in favor of the reduction of commercial space and the increase in
residential space on the 2nd floor. He noted that all the site plans in the packet used the older
versions of the map of Lot C, which had nothing to do with the existing buildings. He is not
opposed to the density, but thinks the application must relate to the neighbors. Overall he
expressed that the Town needed new direction in this area.
Councilor Brown noted that an approval was made by Planning & Zoning and that it meets the
master plan. If further discussion is required on massing issues, it should be done at a more basic
level. Councilor D. Buckley agreed.
Councilor McDevitt noted that if the market bears more commercial, the applicant would change
the building to more commercial. He was confused about how the project was not similar with
the neighbors. Council Sipes addressed the issues with the restaurant.
Council P. Buckley noted there has been a lack of enthusiasm for the Sheraton project. There is
nothing of interest at that location, i.e. restaurant or retail.
Councilor D. Buckley moved to approve on second reading Ordinance No. 02-20, Series 2002 -
An Ordinance approving a PUD Development Plan for the Lot B Planned Unit Development
(PUD) for Lot B, Avon Center at Beaver Creek, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado, which included the minimum of 17,503
square feet of commercial. Councilor Brown seconded the motion and a roll call vote was taken
as follows: Brown, D. Buckley, McDevitt, and Reynolds - yea; Sipes and P. Buckley - nay.
The motion passed with a four to two vote.
Attorney John Dunn presented on First Reading Ordinance No. 02-21, Series 2002 - An
Ordinance amending Chapter 9 of the Municipal Code of the Town of Avon to prohibit the sale
of fermented malt beverages to persons under the age of twenty-one years. He noted that was
purely a housekeeping matter.
Councilor D. Buckley moved to approve Ordinance No. 02-21, Series 2002 - An Ordinance
amending Chapter 9 of the Municipal Code of the Town of Avon to prohibit the sale of
fermented malt beverages to persons under the age of twenty-one years. Councilor McDevitt
seconded the motion and the motion passed unanimously.
Town Manager Report
Bill Efting will be on vacation until September 18th, Larry Brooks will be acting town manager.
l?
Regular Council Meeting Page 4 of 5
September 10, 2002
Attorney Report
Attorney John Dunn will be on vacation till the end of September. Inga Causey will be at the
next Council meeting.
Mayors Report
Mayor Yoder reminded the public of the economic development meeting to be held
18 at the Council Changes. Everyone is invited to attend.
Other Business
Councilor P. Buckley mentioned that the junkyard areas are being cleaned up. He also noted that
the Council should consider the compliance deposit issue in the near future (as raised by
Councilor D. Buckley). Bill Efting noted that staff was already working on it.
Consent Agenda
Mayor Yoder asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
approve the Consent Agenda. Councilor Buckley 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 6:45
PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Regular Council Meeting Page 5 of 5
September 10, 2002
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager "
From: Norm Wood, Town Engineer /
Anne Martens, Assistant Town Engineer
Date: September 19, 2002
Re: East Avon Access & Circulation Streetscape Improvements
Change Order Number 10
Summary: Attached Change Order Number 10 for the East Avon
Access & Circulation Streetscape Improvements represents minor modifications required
to address actual field conditions encountered in construction. Change Order Number 10
includes addition of irrigation and landscaping at Wal-mart that was not included on the
plans, deletion of mulch in the sod areas and addition of the sod back into the contract
due the lifted water restrictions, addition of rip rap in the stormwater detention area at the
Annex, addition of excavation of unsuitable material in the roadway, modification to the
sidewalks, and deletion of tree transplants and addition of tree removals. Change Order
Number 10 increases the contract amount by $2,261.65 and is reflected in the project
summary below. The net effect of this Change Order is to increase the Contract Amount
$2,261.65 from $2,436,304.10 to $2,438,565.75.
Approved Project Budget Project Status
Construction Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Change Order No. 6
Change Order No. 7
Change Order No. 8
Change Order No. 9
Change Order No. 10
Engineering Design
Appraisals
$2,259,987 $2,259,987
$ 16,234
$ (1,754)
$ 1,423
$ 26,120
$ 107,215
$ 12,663
$ 14,092
$ (3,025)
$ 3,348
$ 2,261
$ 75,000 $ 75,000
$ 35,000 $ 19,000
C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No 10 MemO.Doc 1
Project Summary Continued
Legal
Contract Administration
Testing Services
Administration
Easements & R/W
Contingencies @ 1.5%
Total Proposed Budget
Approved Project Budget Project Status
$ 30,000 $ 30,000
$ 80,000 $ 80,000
$ 30,000 $ 30,000
$ 15,000 $ 15,000
$ 349,430 $ 211,352
$ 42,732 $ 18,233
$2,917,149 $2,917,149
Approval of Change Order Number 10 to the Elam Construction, Inc. contract for
construction of the East Avon Access & Circulation Streetscape Improvements is
recommended, increasing the Contract amount $2,261.65 from $2,436,304.10 to
$2,438,565.75.
Recommendations: Approve Change Order Number 10 to the Elam
Construction, Inc. contract for construction of the East Avon Access & Circulation
Streetscape Improvements, increasing the Contract amount $2,261.65 from $2,436,304.10
to $2,438,565.75.
Town Manager Comments:
C:\Documents And Settings\Nwood\Local Settings\Temporaty Internet Files\OLK2\CO No 10 Merno.Doc 2
CHANGE ORDER
Order No.. 10
Date: 9-19-02
Agreement Date: April 15, 2002
NAME OF PROJECT: 2002 East Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Landscape and Irrigation Changes:
West and North End of Wal-Mart:
Add 11 Each to Item 14.1 4" Pop-Up Spray Head a? 516.00 Each + $ 176.00
Add 320 LF to item 14.12 1" 00 PST NSF Lateral Irrigation Line
@ $1.00/LF + $ 320.00
Northwest Island at Wal-Mart:
Add 2 Each to Item 1.4.2 12" Pop-up Spray Head @35.00 Each +S 70.00
Add 2,42 SF to Item 9.18 Stone Mulch & Fabric @ $3.00/SF +$ 726.00
Add 3 Each to Item 9.9 Evergreen shrub 5 gal @ $32.00 Each + $ 96.00
Proposed Sod Areas:
Add -, fA ?7 OV' e,._...,...,. A,f„1-U +.,>>ea Cn.7 zn SS/C1•
Add L,VY l Jl -l\GAIIV YG 1YLLAI%,L! L1LJ1.0.1/%,V Af VVU t uuu v v.??i v? a- T 1 d55 QS
,
Add !,753 SF to item 7.3 Sod w/80111 Prep @ $ 1,051.40
Add 2,647 SF to Item 9.3 Sod (soil prep complete) @ $0.60/SF + $ 1,508.20
Add 773 SF to Item 9.3 Sod w/soil prep @ $0.60/SF * $ 463.80
Delete 1,743 SF from Item 9.6 Wood Mulch @ $1.00/SF - $ 1,743.00
Northwest Wal-Mart Area by Bus Stop:
Delete 1 Each from item 9.10 CO Spruce 8' ht @ $525.00/Each -S 525.00
Delete 1. Each from Item 9.12 CO Spruce 12' ht @ $800.OO/Each - $ 800.00
Ada. 1 Each to Item 2.17 Remove Existing Tree @ $155 OO/Each + $ 155.00
(Crab apple)
Lot 68 Phase 2 Area:
Delete 2 Each from Item 9.15 Aspen 2.5'' cal @ $225.00/Each - $ 450.00
Lot 69:
Delete 2 Each from Item 9.21 Transplant Ash @ $750.00/Each - $ 1,500.00
Lot 67:
Delete 1 Each from Item 9.19 Transplant Spruce @ $750.00/Each - $ 750.00
Add 1 Each to Item 2.17 Remove Existing Tree @ $155.00/Each +$ 155,00
Lot 70:
Add 1 Each to item 2.17 Remove Existing Tree @ $155.00/fach + $ 155.00
Annex Lot 65-8 and South of Annex at SWM. pond:
Add 2 Each to Item 2.17 Remove Existing Tree @ $155,00/Each +$ 310.00
(Cherry Trees)
Tract R:
Add 1 Each to Item 2.17 Remove Existing Tree @ $155.00/Each +5 155.00
(Spruce Tree)
Total +$ 1,109.65
Parking Lot Lights on Lot 69:
Add 3 Each to Item, 5.2 Relocate Existing Lights a $850.00 Each + $ 2,550.00
Total +$ 2,550.00
Sidewalk Along Medical Center and Lot 69, Pavers @ Tract R:
Deduct 223 SF from Item 4.7 Conc. Sidewalk & Base @ $6.00/SF - $ 1,338.00
(Reduce tidwalk from 8ft to 6 ft wide)
Deduct 85 SF from Item 13.2 Concrete Pavers in Plaza/Landscape
@$11.00/SF (south side of Lot 69 entrance and Tract R) - $ 935.00
Total -$ 2,273.00
Stormwater Detention @ South Annex:
Add Rock Cobble/Fabric in depression area at south side of Annex + S 855.00
Total +S 855.00
Excavation and Disposal of Unsuitable Material, Place and Compact Two (2) feet of
6" Minus Pitrun Material on Turn Lane Beaver Creek Place
Add 7 CY of excavate, dispose, place and compact @ $40.00/CY + $ 280.00
Total +$ 280.00
Correction to Change Order 6:
Sidewalk RemovaVRevision at North End of Tract Q
Add 2 Concrete Step Risers @ $270.,00/Riser = $540.00,
NOT $550.00 - Credit of $10.00 to Town of Avon -$ 10.00
Total -S 10.00
Delete "Left Lane Must Turn Left" Sign on Chapel Place
Delete 1 Each from Item 4. 5 Install New Traffic Sign
@ $250.00/Each - $ 250.00
Total -$ 250.00
TOTAL +S 2,261.65
Acceptance of this change order by the CONTRACTOR constitute full and complete
settlement for all time and money for all direct and indirect costs and impacts flowing out
of the changes described above.
Change to CONTRACT PRICE: + $2,261.65
Original CONTRACT PRICE: $ 2,259,987.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 9: $ 2,436,304.1.0
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by $2,261.65
The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,438,565.75
Change to CONTRACT TIME:
The CONTRACT TD ffi will be increased by 0 calendar days.
The date for completion of all work will be October 22, 2002 (Date).
APPROVALS REQUSRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-10
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer/'
Anne Martens, Assistant Town Engineer
Date: September 19, 2002
Re: Eagle River Recreation Path II - Change Order 2
Summary: Attached Change Order 2 for the Eagle River Recreation Path
II Project represents minor changes required to address a grades at the retaining walls and the
connection to the existing Confluence Lot path. Change Order Number 2 is for additional
retaining wall, roadbase, asphalt and deletion of a light pole relocation.
The net effect of this Change Order is to increase the Contract Amount by $ 5,211.15 from
$ 464,839.30 to $ 470,050.45 and is reflected in the revised project summary below. These
changes are typical for this type of construction and are provided for by the contingency item
in the project budget.
Construction Contract
Change Order No. 1
Charge Order No. 2
Surveying / Mapping
Preliminary Design
Final Design
Contract Administration
Testing Services
Easement - Legal/Title/Appraisals
Administration
Landscaping ERWSD Parcels
Contingency
Total Project Budget
Revised Proiect Budget Proiect Status
$462,443 $462,443
$ 2,396
$ 5,211
$ 11,100 $ 11,100
$ 19,950 $ 19,950
$ 48,530 $ 48,530
$ 10,800 $ 10,800
$ 5,000 $ 5,000
$ 5,000 $ 5,000
$ 5,000 $ 5,000
$ 15,000 $ 15,000
$ 32,177 $ 24,570
$615,000 $615,000
I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.5 Change Orders\CO Memo 2.Doc 1
Note: The Revised Project Budget reflects an $80,000 reduction in Project Cost from
$695,000 to $615,000 per the Draft Capital Improvements Fund Budget previously
presented to Council.
Approval of Change Order 2 to the Site Resources Management, Inc. contract for
construction of the Eagle River Recreation Path II is recommended, increasing the Contract
amount $ 5,411.15 from $ 464,839.30 to $ 470,050.45.
Recommendations:
Approve Change Order 2 to the Site Resources
Management, Inc. contract for construction of the Eagle River Recreation Path II, increasing
the Contract amount $ 5,411.15 from $ 464,839.30 to $ 470,050.45.
Town Manager Comments:
I:\Engineering\CIP\Eagle River Rec II\4.0 Construction Docs\4.5 Change Orders\CO Memo 2.Doc 2
V/l.lll ?.. -- '-wuI- 1- 11 C:G1IIG I I I I „"0,I - 1-, -F-- u -v'
09/19/2002 10:06 FAX 9704768616 PEAK LAND CONSrrL.
CHANGE ORDER
Order No.: 2
Date: September 19, 2002
Agreement Date: June 24, 2002
NAME OF PROJECT. Eagle River Kccrcation Path II
OWNER: Town of Avon
CONTRACTOR: Site Resource Management
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Add 40 sf-dace to Retaining Wall 1: S1146..00
n
4. J%U 15V >f 1r1L'tf to bt8i7iiTg ?n+311 .3 $4297-50
v
Ad nne mT}r? ?? _ '2 r Al _ •.nn,
.3. !`1(113 21101 !MP(33. f? tuas) to cast Ulm u1 paul_ DLL 1 _Ly
„nne ?vt _ eO^ a , . _ 1 r . 4. Ana cu 1..inss oko.w ions) to cast esnu or pain- S1705-40
5. .kaki, 60nanovc asphalt t2uubi) to uu=w of path: x500.00
6. Deduct light poic rciocation: (51130.00)
Change to CONTRACT PRICE: $5211.15
Original CONTRACT PRICE: $462,443.30
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $464,839.30
The CONTRACT PRICE due to this CHANGE ORDER will be Inereased by
S5211.15.
The new CONTRACT PRICE including this CHANGE ORDER will be 5470,050.45_
Change to CONTRACT TIME,
The CONTRACT TIME will be (inemased)(decreased) by 0 calendar days.
The date for completion of all work will be per original contract-
APPROVALS REQUIRED:
Ap.^,,ea byE..a;,,?r-
r... , ,. -:,e..._:. .
A 0-A 1. 0-0-1-y
VVYi,'' Ny i..vi?.au w..u.
Accepted and Approved by Owner:
I RIG G/ C
[fin ?
Federal Agency Approval (where applicable):
CO-)