TC Council Packet 04-08-2003STATE 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 APRIL 8, 2003, AT 3:15 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:15 PM - 4:00 PM 1) Council Committee Updates
a. Marketing Update
b. NWCCOG Update
4:00 PM - 4:15 PM 2) Open Space Implementation (Andy Wiessner)
4:15 PM - 4:45 PM 3) Home Depot Opening Issues (Shane Bohart)
4:45 PM - 5:30 PM 4) Staff Updates -
a. Swift Gulch Bike Path (Norm Wood)
b. Village at Avon PUD Amendment (Ruth Borne)
c. Lot 61 Update - (Ruth Borne)
d. Kayak Crossing Refinancing (Scott Wright)
Council Questions
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: P..
atty' McKenn
Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 4, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Avon Council Meeting.03.04.08
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
APRIL 8, 2003 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
a. Avon's Easter Egg Hunt Update - Julie Kessenich
3. Ordinances
4. Resolutions
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the March 25, 2003 Regular Council Meeting Minutes
b. Noah's Ark Contract for Petting Zoo for Easter Egg Hunt
c. Resolution No. 03-15, Series 2003, Resolution approving the Final Plat, Lots 67 and
68, Resubdivision of Lot 67/68, Block 1, Benchmark at Beaver Creek, Town of Avon,
Eagle County, Colorado
12. Adjournment
Avon Council Meeting.03.04.08
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A MEETING WILL BE SPONSORED BY THE TOWN OF
AVON AND VAIL VALLEY CHAMBER AND TOURISM BUREAU TO FACILITATE A
BRAINSTORMING SESSION WITH AVON BUSINESSES ABOUT DRIVING BUSINESS TO
AVON. THE MEETING WILL BE HELD ON MONDAY, APRIL 7, 2003 AT 2 PM AT THE
VVCTB'S AVON CONFERENCE ROOM (SOUTH SIDE OF CITY MARKET), 260 BEAVER
CREEK PLACE, AVON, COLORADO.
MEMBERS OF THE AVON TOWN COUNCIL WILL BE PRESENT.
TOWN OF AVON, COLORADO
I a.ll m'?'
BY:
att McKenpr-
Town Clerk 1
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 4, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
From: Councilor Debbie Buckley
Thru: Patty McKenny, Town Clerk
Date: April 3, 2003
Re: Rate Structures Information from ERWSD & UERWA
Summary:
Debbie asked that I included this information in your packets for your review.
EAGLE RIVER WATER & SANITATION DISTRICT
UPPER EAGLE REGIONAL WATERAUTHORITy
April 2003
To All Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority Customers:
With the summer months fast approaching, our Drought Management Task Force, whose mission is to
develop a proactive drought management plan for 2003 and the future, has come up with a series of
water use recommendations as well as a new rate structure. The Task Force is made up of board
members from the District and Authority, staff, and members of the public.
Our goal is to help our customers develop a new way of looking at water use, one that embraces wise
water use at all times rather than just trying to conserve water during the summer months. We also
want to encourage customers to explore the use of drought tolerant plants as an alternative to lawns
and flowers, which require large amounts of water.
If you have any questions about this information, please feel free to contact us at (970) 476-7480 or
visit our website at www.erwsd.org.
New Water Rates
Both the Authority and the District recently adopted a new tiered-rate structure. The idea is simple: the
more water you use, the more you'll pay for it. Conversely, the less water you use, the less you'll pay
for it. The new rates go into effect with your June billing, which will reflect your May water
usage.
Eagle River Water & Sanitation District (water customers from East Vail to Dowd Junction)
Beg. of Tier Tier Cutoff
1,000 gallons 1,000 gallons Rate
Base Fee
$10.00 Monthly per SFE
0 7 $1.00
8 25 $3.47
26 Over $4.62
per thousand gallons
per thousand gallons (50% above current rate)
per thousand gallons (100% above current rate)
Upper Eagle Regional Water Authority (water customers from Eagle-Vail to Cordillera)
Beg. of Tier Tier Cutoff
1,000 gallons 1,000 gallons Rate
Base Fee
$13.18* Monthly per SFE
0 7 $2.80
8 25 $4.20
26 Over $5.60
per thousand gallons (same as current rate)
per thousand gallons (50% above current rate)
per thousand gallons (100% above current rate)
(*Some service areas have a surcharge added to this base fee.)
We are finalizing similar rate structures for special cases, such as for customer accounts that serve
only irrigation, such as common areas of condominium associations, public areas, and recreation fields.
We will be contacting these customers individually.
Staged Water Use Restrictions
The Drought Management Task Force has developed a three-stage water use plan for our customers.
Stage 1: The following watering schedule and restrictions are always in effect
Based on the last number of your street address
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Even No Watering Odd Even Odd Even Odd
? Water shall be used for beneficial purposes and should not be wasted.
? Any instance of flagrant runoff or waste is subject to penalties.
Stage 2: The following restrictions apply from June 1 to September 30, 2003, and include
all Stage 1 restrictions, plus
? Watering between 10 a.m. and 7 p.m. is discouraged.
? No irrigation is permitted by use of a free-running hose, without nozzle or sprinkler.
6 Special permits are available, from our offices, for newly-sodded lawns and newly-planted trees and
gardens for up to 14 consecutive days and, for newly-seeded lawns for up to 25 consecutive days.
? Swimming pools are limited to one filling per year, unless draining for repairs is necessary.
Stage 3: This stage will be triggered by low flows in our streams and rivers. The following
restrictions include all Stage 1 and 2 restrictions, plus
? All lawn irrigation is prohibited.
? Hand watering of trees, shrubs, and flowers, and drip irrigation of trees and shrubs is allowed.
? Monday remains a no watering day.
? All special watering permits are suspended.
? No use of domestic water on new lawns is permitted.
4 No use of domestic water for dust control is permitted.
6 Washing hard surfaces is not permitted (i.e., driveways, sidewalks, parking lots, outdoor eating
areas)
? Vehicle washing at residences is prohibited.
The use of outdoor ornamental fountains is prohibited.
? Businesses, such as hotels, restaurants, and property management companies, are requested to
implement water conservation measures.
How much water does your lawn need?
As a general guideline, during the growing season, your lawn will need one-and-one-half inches (1.5")
of water per week, including rain. It's best to water for longer periods and less frequently. Try to water
two to three times per week. An excellent source for information is Turf Management Before, During,
and Following Drought in Colorado, by Dr. Tony Koski, Extension Turf Specialist, Colorado State
University Cooperative Extension. A link to this report can be found on our website,
www.erwsd.org/conserve.htm.
In addition, you'll find numerous other wise water use tips and links to even more resources and
information on our website. Or, give us a call at (970) 476-7480 and we will be happy to send you
some "water wise" information.
We're all in this together. With your help, we can make the summer of 2003 a great one for everyone.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: April 1, 2003
Re: Information for "Open Space Implementation" work session discussion
Summary:
Andy Wiessner, representative from the Eagle County Citizens Open Space Implementation
Team, submitted the attached information for your review. This draft information will be
presented to the Eagle County Commissioners on April 8th as suggestions for regulations to
establish the Eagle County Open Space Program. The "team" is looking for Avon's
endorsement of the recommendations.
Town Manager Comments:
Summary of Suggestions" to Implement Referendum 1H
prepared by
Eagle County Citizens Open Space Implementation Team
Suggested action: Commissioners pass a Resolution establishing regulations for an Eagle
County: 1) Open Space Program: 2) Open Space Fund, and 3) Open Space Advisory Committee
(required by Referendum 1H) as outlined below:
1. Open Space Program - highlights
? Program authorized to acquire, hold and manage all open space acquired by the County
pursuant to Referendum 1H or other authority (donation, bequest, other purchase, etc);
? Lands or easements to be held to permanently protect open space/conservation values;
? County may allow land trusts, State/Fed. Agencies to hold/manage Program land,
subject to reversion to County;
? Removal of lands from Program only if approved by voters/transfer to qualified party;
? Full/part-time Coordinator to be hired with advice/consent of Advisory Committee;
? Open space lands may be used for dispersed motorized/non-motorized recreation as
determined appropriate for land. No developed recreation facilities (ball fields, etc.)
II. Open Space Fund - highlights
? Fund consists of Referendum 1H proceeds, interest thereon, donations, bequests & any
other moneys which may be donated authorized/allocated/ by County or others;
? Up to 10% of annual receipts may be spent for administrative expenses (staff,
monitoring, management, trail construction, etc.)
? Fund moneys may be used for partner/joint funding projects subject to reversion;
III. Advisory Committee - highlights
? 11 Member Advisory Committee - 6 Members to be appointed by Incorporated Towns (Vail,
Avon, Eagle, Gypsum, Basalt & Minturn/Red Cliff); 3 Members - 1 each appointed by
Commissioner from unincorporated area within his/her electoral district; 2 at-large Members
appointed by all 3 Commissioners (1 at-large Member must be ranching/agricultural, 1 from
unincorporated Roaring Fork, unless those interests are already represented).
? All projects/funding requests must be processed through Advisory Committee in
accordance with review/evaluation criteria and procedures to be developed by Committee.
? Advisory Committee Members are volunteers - no pay or expenses
? Members serve staggered 3 year terms - approx. 1/3 expire each year;
? Meetings at least 6 times per year, with at least one in Roaring Fork valley;
? Meetings open to public unless executive session voted under Colorado Sunshine law;
? Advisory Committee recommendations to Commissioners require 3/4ths "super-majority"
? strict conflict of interest standards for recusal from decisions where conflicts exist
"Suggestions developed by Eagle County Citizens Open Space Implementation Team after meetings and
consultation with Summit County Open Space & Trails Department, Pitkin County Open Space/Trails Board, Routt
County Purchase of Development Rights Fund, Larimer County Parks and Open Lands, Boulder County Open
Space, the Trust for Public Land, the Conservation Fund, Eagle Valley Land Trust, Aspen Valley Land Trust,
Roaring Fork Conservancy, Great Outdoors Colorado (GOCO), and Conservation Partners, Ltd.)
March 4, 2003
DISCUSSION DRAFT
Eagle County Citizens Open Space Implementation Team
Suggestions' for County Action to Implement Referendum 11-1
(prepared in consultation with representatives of Summit County Open Space and Trails
Department, Pitkin County Open Space/Trails Board, Routt County Purchase of Development
Rights Fund, Boulder County Open Space, Larimer County Parks and Open Lands, the Trust for
Public Land, the Conservation Fund, Eagle Valley Land Trust, Aspen Valley Land Trust and
Conservation Partners, Ltd.)
A RESOLUTION AND REGULATIONS ESTABLISHING THE EAGLE COUNTY OPEN
SPACE PROGRAM, OPEN SPACE FUND, AND CITIZENS OPEN SPACE ADVISORY
COMMITTEE
WHEREAS, on November 5, 2002, the voters of Eagle County approved County Ballot
Referendum 1H, which provides for an increase in County taxes (hereinafter referred to as the
"Open Space Tax") to establish earmarked County funding for the purpose of acquiring,
maintaining, or permanently preserving open space in Eagle County; and
WHEREAS, the purposes of Referendum 1H included goals "such as preserving wildlife habitat,
protecting working farms and ranches, conserving scenic landscapes and vistas, protecting
wetlands and floodplains, and providing public access points to rivers and streams, and servicing
future voter approved debt for the above stated purposes"; and
WHEREAS, Referendum 1H provides that all proceeds of the Open Space Tax
and investment income thereon shall be expended by the Eagle County Commissioners for open
space preservation purposes "after considering the recommendations of a citizens advisory
committee"; and
WHEREAS, in addition to the open space program authorized directly by Referendum 1H, Eagle
County may from time to time also acquire other open space through donation, bequest, devise,
dedication, purchase using funding sources other than Referendum 1H, or other means available
to the County; and
WHEREAS, pursuant to the authority and direction of Referendum 1H, or other open space
acquisition authority, Eagle County may acquire and maintain open space through direct County
action, or in partnership with lands trusts, State or federal agencies or other qualified land
conservation organizations or entities; and
WHEREAS, in furtherance of the purposes of Referendum 1H, and to provide for an orderly
program and process for the implementation of Referendum 1H and management and protection
of other open space in Eagle County for the benefit of present and future generations, it is hereby
determined appropriate and in the public interest to establish: 1) an Eagle County Open Space
Program; 2) an Eagle County Open Space Fund;. and 3) an Eagle County Citizens Open Space
Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado, that as set forth and described below, there are hereby
established : 1) an Eagle County Open Space Program; 2) an Eagle County Open Space Fund;
and 3) an Eagle County Open Space Advisory Committee:
SECTION I. Eagle County Open Space Program
A. Establishment of Program: In order to provide an administrative structure for the permanent
protection and preservation of open space in Eagle County, and to implement Referendum 111,
there is hereby established the Eagle County Open Space Program (hereinafter referred to as the
"Program"). The purposes of the Program shall include, but are not limited to:
1. The acquisition and permanent preservation of open space by the County, or the County in
partnership with other public or private entities, through purchases of land, conservation
easements, or other interests in land in accordance with the purposes and provisions of
Referendum 1 H.
2. The acquisition and permanent preservation of open space by the County, or
the County in partnership with other public or private entities, for inclusion in the Open Space
Program, utilizing funding sources or authorities other than Referendum 1H, including
acquisitions by donation, bequest, devise, dedication, purchase utilizing funding sources other
than Referendum 1H, or other means available to the County by law.
3. The management, maintenance, and preservation of open space and
associated natural, pastoral, wildlife, conservation or public access values of any lands,
conservation easements or other interests in land acquired by the County, or by the County in
partnership with other public or private entities.
4. The monitoring of any lands, conservation easements or other interests in land acquired and
held by the County, or the County in partnership with other public or private entities, and the
enforcement of any terms, conditions, covenants, easements or other provisions pertaining to the
open space preservation of any lands, conservation easements or interests in land so acquired and
held.
B. Administration of Open Space in Open Space Program:
1. Permanent Administration, Rules and Regulations: Lands, conservation easements or other
interests in land acquired by Eagle County pursuant to the authority of Referendum 1H, or other
authority, shall be managed to permanently protect the open space and associated natural,
pastoral, wildlife, public access or other public values for which they were acquired by the
County, or received by the County from others, in accordance with rules and regulations to be
promulgated by the Commissioners in consultation with the Citizens Advisory Committee.
2. Additional administration restrictions: Any lands, conservation easements or other interests in
land: i) acquired by the County in partnership with other entities, units of government, or other
parties; or ii) lands, conservation easements or other interests in land received by donation,
bequest, devise, or dedication, shall also be managed in accordance with any terms, conditions,
covenants, easements or other provisions or requirements in the instrument of acquisition or
conveyance to or by the County, or agreed to by the County and the conservation partner or
conveyor at the time of their inclusion in the Open Space Program.
3. Administration by other entities: Where it is determined appropriate and in the public interest,
a qualified entity, such as a land trust, non-profit organization with experience in open space
administration, state or federal agency, or unit of local government, may i) be allowed by the
County to hold and administer County acquired open space, or 2) have County acquired open
space transferred to it, provided that the County shall retain a permanent and non-revocable
reversionary or other back-up interest in the land, conservation easement, or other interest in land
that enables the County to resume administration or have lands transferred back to the County in
the event the administering entity ceases to exist or fails to properly administer the open space
concerned .
C. Removal of lands from Program: Lands, conservation easements or other interests in land
placed in the Open Space Program shall remain in the Program in perpetuity unless: i) they are
transferred to a qualified entity under (B)(3) above; or
ii) a sale, conversion, exchange, or other transfer of the land, conservation easement or other
interest in land is approved by a majority of the Eagle County electorate at a general election or
special election called for such purpose. However, any lands, conservation easements or other
interests in land: i) acquired by the County in partnership with other entities, units of
government, or other parties; or ii) lands, conservation easements or other interests in land
received by donation, bequest, devise, or dedication, may only be authorized for sale,
conversion, exchange or other transfer if such action is allowed for in the instrument under which
the land, conservation easement or other interest in land was conveyed to, or acquired by, the
County.
D. Open Space Program staffing: In order to facilitate administration of the Open Space
Program, the Board of County Commissioners shall employ a full or part-time County Open
Space Coordinator, who shall be hired with the advice and consent of the Open Space Advisory
Committee. The Coordinator shall attend all meetings of the Citizens Open Space Advisory
Committee and shall work closely with the Committee and the Commissioners to administer the
Open Space Program. The Coordinator may hire additional staff or contract for outside
professional support and assistance as determined appropriate and approved by the
Commissioners. Expenses of the Coordinator and any supporting staff and budget for
administration of the Open Space Program shall be paid from the Open Space Fund, or from
other funding sources, as determined appropriate, and approved, by the Commissioners.
E. Definitions of "open space" and "open space maintenance and preservation":
1. Open Space: As used in this Resolution, and for purposes of the Open Space Program, the
terms "open space" or "open space lands" shall mean an area of land that is primarily
undeveloped, natural or pastoral in character and which may possess values such as fish and
wildlife habitat or migration routes; working farms and ranches; scenic landscapes and vistas;
wetlands, floodplains or other riparian habitat; public access to rivers and streams or other lands
open to the public; geographic or topographic formations; rare or significant flora or fauna;
cultural or historic values; or other natural or open space values.
2. Open space maintenance and preservation: As used in this Resolution, and for purposes of the
Open Space Program, the terms open space "maintenance" and "preservation" shall mean the
permanent retention and management of open space acquired by the County to maintain and
preserve the open space and conservation values for which it was acquired, with the land
remaining primarily in the undeveloped, natural or pastoral character existing as of the date of its
acquisition. The natural values of open space lands may be rehabilitated or enhanced through
water, soil, fish, wildlife or other conservation techniques.
As determined appropriate for an individual open space parcel, and if in accordance with the
instrument of acquisition or conveyance, open space lands may be used for: i) dispersed
motorized or non-motorized recreation including hiking, hunting, fishing, horseback riding,
nordic skiing, mountain biking, snowmobiling or other off-road vehicle use of a low impact and
dispersed nature that is consistent with conservation values; ii) the construction of trails for
purposes of public access and low impact dispersed recreation; or iii) the construction of rustic
camping or other rustic facilities (huts, shelters, etc.) in conjunction with low-impact dispersed
recreational use. Open space lands shall not be used for the construction or operation of
developed recreational facilities such as golf courses, athletic fields, motorized vehicle tracks,
equestrian facilities or other developed facilities for non-dispersed types of recreation.
SECTION II. Establishment of Eagle County Open Space Fund
A. Fund and Purposes: There is hereby established the Eagle County Open Space Fund
(hereinafter referred to as the "Fund"), which shall consist of a separate account in the Eagle
County treasury. All moneys derived from the Eagle County Open Space Tax shall be deposited
in the Fund, together with all interest or other earnings thereon, and shall be earmarked and
restricted to the acquisition, maintenance and permanent preservation of open space.
Expenditures from the Fund may include: 1) any necessary staffing and services for
administration of the Eagle County Open Space Program and Eagle County Open Space
Advisory Committee as provided for elsewhere in this Resolution; 2) the re-payment of any voter
approved debt or other funding mechanisms for open space purposes; and 3) expenses for the
management and maintenance of open space, including monitoring and enforcement on open
space lands or interests in lands held by the County or County approved entities. However,
annual expenses for staffing, services, management, monitoring and enforcement under (1) and
(3) above shall not exceed 10% of the annual income of the Fund. The Fund may accept
donations or contributions from private or other funding sources to assist the Open Space
Program, and nothing herein shall be construed to prohibit the Eagle County Board of County
Commissioners from making contributions to the Fund from time to time, if they determine it
appropriate and in the public interest.
B. Non-Program Projects: Moneys from the Open Space Fund may be used to partner in, or
contribute to, permanent open space preservation projects involving lands, conservation
easements, or other interests in land in the County where the County will be a funding participant
only, or where the lands will be held and managed by an entity other than the County. However,
in any such case: 1) the open space interest being protected must meet the definition of open
space set forth in this Resolution; and 2) the County shall retain a permanent and non-revocable
reversionary or other back-up interest in the land, conservation easement, or other interest in land
that enables the County to place the County's interest in the Open Space Program in the event the
administering entity ceases to exist or fails to properly administer the open space concerned.
SECTION III. Establishment of Eagle Countv Citizens Open Space Advisorv Committee
The Eagle County Citizens Open Space Advisory Committee is hereby established to advise the
Eagle County Board of County Commissioners on any and all matters pertaining to the Eagle
County Open Space Program.
A. Committee Resvonsibilities and Jurisdiction
The Eagle County Citizens Open Space Advisory Committee shall be an advisory body to the
Eagle County Commissioners and may make recommendations to the Commissioners on any and
all matters pertaining to the County Open Space Program and utilization of the Open Space
Fund. The Committee's responsibilities shall include, but are not limited to, matters relating to:
1) recommendations on the use of open space funds for the acquisition,
maintenance and permanent conservation of open space;
2) the development of specific open space project submission and evaluation
criteria and standards and procedures for evaluating open space projects and
project funding requests as provided for in this Resolution;
3) recommendations for annual or multi-year funding for individual open space
protection projects or proposals;
4) recommendations to the Commissioners for voter approved bonding or other
borrowing authority or other funding mechanisms allowed by law;
5) recommendations for partnering with Federal, state, non-profit, or private
organizations or individuals or corporations on open space protection efforts or
projects;
6) educational or other efforts to foster public awareness and understanding of the
open space program;
7) recommendations to use open space funds, or other moneys for management or
monitoring of the Open Space Program and projects,
8) matters concerning endowment or monitoring funds for open space projects;
9) the hiring of an Open Space Coordinator as provided for in this Resolution; and
10) such other matters as are related to the Open Space Program and Fund, or are
provided for herein.
Except as specifically provided in this Resolution, recommendations to the Commissioners from
the Advisory Committee shall be advisory in nature, with the final authority for administration of
the Open Space Program and Fund vested in the Commissioners. However, as provided in
paragraph III(B) of this Resolution, all open space preservation projects or proposals, or project
funding requests shall, before being be presented to the County Commissioners, first be
presented to, and considered and evaluated by, the Open Space Advisory Committee in
accordance with project submission and evaluation criteria, standards and procedures to be
developed by the Advisory Committee
B. Open Space Projects and Funding Requests In order to ensure the fair and equitable
consideration of all open space preservation projects, proposals and funding requests, all open
space preservation projects or proposals, or project funding requests shall, before being be
presented to the County Commissioners, first be presented to, and considered and evaluated by,
the Open Space Advisory Committee in accordance with project submission and evaluation
criteria, standards and procedures to be developed by the Advisory Committee.
C. Committee Composition and Appointments
The Eagle County Open Space Advisory Committee shall consist of 11 citizen Members, who
shall be full-time residents of Eagle County and appointed in the following manner:
-6 Members to be appointed by the Town Councils of the 6 Incorporated Municipalities of Red
Cliff/Minturn (joint appointment), Vail, Avon, Eagle, Gypsum and Basalt, and who shall be full-
time residents of their respective towns. None of such Members shall be paid staff of their
respective Towns during their term of service on the Open Space Advisory Committee. In the
event a Municipality fails to appoint a Member, or fill a vacancy for a Member, the County
Commissioners shall jointly appoint a Member who is a permanent resident of the Municipality
concerned.
-3 Members to be appointed by the Eagle County Commissioners from the 3 County electoral
districts. The District 1 Member shall be from the unincorporated area of District 1 and be
appointed by the District 1 Commissioner. The District 2 Member shall be from the
unincorporated area of District 2, and shall be appointed by the District 2 Commissioner. The
District 3 Member shall be from the unincorporated area of District 3, and shall be appointed by
the District 3 Commissioner.
-2 "At-Large" Members to be appointed jointly by the 3 Eagle County Commissioners. If not
already represented on the Committee, one of such Members shall be actively involved in the
business of ranching or agriculture, and the other shall be a resident from the non-incorporated
Roaring Fork valley side of the County.
If an unincorporated area incorporates as a municipality after enactment of this Resolution, such
new municipality may be entitled to appoint a Member to the Advisory Committee, with
adjustment of the size of the Committee, or elimination of a previous unincorporated area
membership on the Committee, as determined appropriate by the Commissioners after
considering the population size and location of the new municipality in relation to its pre-
incorporation representation on the Committee.
Advisory Committee Members shall be chosen from a broad array of professional and citizen
backgrounds, and the appointing authorities are encouraged to select Members who represent,
among other backgrounds: conservation organizations, real estate, business, land use planning,
agricultural/ranching and wildlife interests. As it is anticipated that many open space projects and
project funding requests may be presented to the County through local or other land trusts or
conservation organizations, or undertaken by the County in partnership with such entities, to
avoid potential conflicts of interest, no Advisory Committee Member shall be a paid employee of
any Land Trust or other conservation organization.
Any vacancies on the Advisory Committee shall be filled by the appointing authority and shall
serve until the term of the vacated Member normally expires.
D. Volunteer Members and Terms of Service
Open Space Advisory Committee Members shall serve without pay and shall not be entitled to
any reimbursement by the County for per diem, mileage, meals, lodging, travel or other expenses
incurred by Committee members in carrying out their responsibilities or service as Committee
Members.
Committee Members shall each serve 3 year terms unless recalled by their appointing authority.
Members may be appointed for additional terms as their appointing authorities determine
appropriate. Terms of Members shall be staggered with approximately one-third of the Members'
terms expiring each year. For the initial 3 years of the Committee's existence, terms of individual
Members may be shorter than 3 years until a staggered term expiration (rotation) is achieved.
Open space Advisory Committee Members shall attend all Committee meetings. Absences from
two or more meetings during a calendar year, unless excused by the Committee, shall result in
termination of the Member's service on the Committee, and the appointment of a replacement
Member by the appointing authority.
E. Committee Meetings and Public Participation
The Advisory Committee shall meet at least six times a year, with at least one meeting per year
held on the Roaring Fork Valley side of the County. Meetings may be held more frequently as
the Committee determines appropriate. All meetings shall be open to the public with an
opportunity for public comment and questions provided, at a minimum, near the beginning, and
end, of each meeting. Upon a vote of a majority of the Members present, an executive session
may be held pursuant to the Colorado Sunshine Act, as amended. Any motion requesting an
executive session shall state the matter to be discussed and the reason why an executive session
is advisable. Only those persons invited by the Committee may be present during any executive
session. All Committee meetings shall be announced in advance to the public in accordance with
County requirements for meetings of similar advisory committees of the County.
F. Committee Recommendations
Recommendations to the Board of County Commissioners shall initially be in writing, and be
made available to the Commissioners, and the public, at least one week in advance of any
consideration of the recommendations by the Commissioners. In order to promote the
development of consensus recommendations, all recommendations shall require the approval (by
written signature) of a "super-majority" of at least 75% of the Committee Members not recused
from any recommendation. Signatures may be by proxy or in counterparts, as long as a quorum
is established at a meeting where any recommendations are made.
G. Conflict of Interest
Committee Members shall exercise individual responsibility and judgement in recusing
themselves from any recommendation which may financially benefit an individual Advisory
Committee Member or Members. A recusal shall be mandatory in any case where the Member,
or the Member's business, employer, relatives, or business associates, would benefit personally
or directly from project funding, including the earning of real estate or other commissions. Any
Advisory Committee Members who are Board Members of non-profit organizations (Land
Trusts, etc). shall, in addition to exercising individual responsibility and judgement on potential
conflicts of interest, disclose the interest in any funding project of which their organization may
be a participating partner or funding beneficiary.
H. Committee OrLanization
1. The Committee shall elect a Chairperson, Vice-Chairperson and such other officers each year
as it may determine appropriate at the Committee's first regular meeting of the year, and may
also establish sub-committees to assist the Committee in performing its authorized duties and
responsibilities. Officers may serve not more than two consecutive one-year terms in the same
office.
2. The Committee shall keep written minutes of all meetings, except for any executive sessions.
The minutes shall be prepared by the County Open Space Coordinator and presented to the
Committee for approval. Approved minutes shall be maintained as public records by the Open
Space Coordinator, or as the Commissioners determine appropriate.
3. The Committee may adopt such policies as it deems appropriate concerning the operation of
the Committee and Committee meetings, as long as such policies are consistent with any
applicable state and county requirements. A majority of the membership of the Committee shall
constitute a quorum for the conduct of business. If a Committee Member is recused from
consideration of any matter due to a conflict of interest, such Member shall nonetheless be
considered present for purposes of maintaining a quorum.
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Ruth Borne, Director of Community Development
Date: April 3, 2003
Re: The Village (at Avon) - Home Depot Early Opening
Summary: We anticipate receiving a request from Traer Creek LLC to
allow opening of the Home Depot Store prior to completion of the Highway 6 / Post
Boulevard connection as required by the Building Permit. We believe it may be possible to
accommodate this early opening with the following conditions. These conditions are intended
to address outstanding building code issues as well as subdivision issues related to access,
traffic, utilities and transportation to minimize impacts on existing town facilities and
businesses.
Completion of all outstanding building code related items for occupancy by the public.
2. Completion of all site improvements including but not limited to landscaping, parking,
walkways, delivery and access drives as depicted on approved plans for Lot 4, The
Village (at Avon) Filing 1.
3. Provide evidence that SEMA Construction or other related entity has provided the
bond in the amount of $92,700 for water and sewer infrastructure as requested by
ERWSD in letter of March 10, 2003.
4. Positive separation must be maintained at all times between the general public and all
construction activities.
5. Completion and acceptance by the Town of Avon of the following public roadways in
accordance with approved subdivision and improvement plans for The Village (at
Avon) Filing 1:
a. East Beaver Creek Blvd. to Post Blvd.
b. Chapel Place to East Beaver Creek Blvd
CAWINDOWSUemporary Litemet Files\0LK8184\TC0 Proposed Conditions Memo I.Doc
C. Yoder Avenue
d. Roundabout No. 2 (Intersection of Post Blvd./East Beaver Creek Blvd. &
Yoder Ave.)
6. Add signs at each end of East Beaver Creek Boulevard and Chapel Place at East
Beaver Creek Boulevard prohibiting vehicles weighing more than 24,000 pounds.
7. All construction activities, staging and material storage shall be relocated away from
East Beaver Creek Boulevard and shall be accessed only from roadways not open to
the general public. (Submit plan showing revised office, staging and material storage
areas to the Town of Avon for review and approval.)
All delivery and construction vehicles exceeding 24,000 pounds gross vehicle weight
shall access the site via US Highway 6 and Post Boulevard to Yoder Avenue. East
Beaver Creek Boulevard and Chapel Place are weight restricted to 24,000 pounds
gross vehicle weight.
9. Delivery and construction vehicle routes shall be maintained per March 21, 2003,
"Limited Temporary Certificate of Occupancy for Home Depot" Building Permit No.
C-BP2001-9 including:
a. Certified Traffic Control Plan and Personnel shall be employed at all times
that construction activities impact designated access roads and routes.
b. Signage is maintained at all times as set forth in Access, Traffic and
Circulation Plan for designated routes and restricted areas.
C. All designated access roads and routes shall be maintained free of snow, ice
and construction debris at all times, to a level consistent with streets and roads
maintained by the Town of Avon.
10. Traer Creek Metropolitan District shall commence and maintain public transportation
(bus) service between the Town and The Village with the issuance of a TCO allowing
opening of the Home Depot Store to the general public and shall add bus service to
Buffalo Ridge with the issuance of a TCO allowing opening of the Wal-Mart Store.
This shall be done through written acceptance of transit services for incorporation into
the municipal services invoice.
11. Traer Creek LLC shall make a public announcement identifying tenants to be located
in the existing Wal-Mart Building in Chapel Square.
12. In the event the Town of Avon discovers additional building, construction or other
related concerns with The Village (at Avon) Filing 1, Lot 4, the Town of Avon
reserves the right to require additional conditions to ensure compliance with approved
plans and related agreements.
0 Page 2
We have also discussed the possibility of placing signs at the intersection/roundabout of Post
Boulevard and East Beaver Creek Boulevard to direct traffic to Town Center and identify
services available. This discussion was well received and encouraged.
It should be noted that these conditions would not address concerns related to opening of the
new Wal-Mart Store prior to completion of all required streets and roads and no consideration
will be given to allowing an early opening of the new Wal-Mart Store.
Town Manager Comments: 11?
0 Page 3
Larrv Brooks
From: Bohart, Shane [shane_bohart@catellus.com]
Sent: Thursday, April 03, 2003 11:06 AM
To: Larry Brooks
Subject: Home Depot Early Opening - Presentation to Town Council 4/8/03 4:15pm
Mr. Larry Brooks,
Per our recent discussions, I would appreciate the opportunity to address
the Avon Town Council on Tuesday, April 8th at approx. 4:15pm. I intend for
my presentation and related comments to take no longer than 10 minutes.
The purpose of my presentation is to discuss the proposed Home Depot opening
dates and circumstances the Town would require for us to comply with a store
opening. It appears to open Home Depot a few weeks earlier than originally
expected via East Beaver Creek Blvd. would require a modification under the
existing building permit.
Please confirm this is acceptable and I will bring the necessary materials
with me next Tuesday.
Appreciate the opportunity Mr. Town Manager.
Shane Eric Bohart
Vice President, Development
Traer Creek LLC
P.O. Box 640
Vail, Colorado 81658
970.949.6776 phone
970.748.8900 facsimile
1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer /
Date: April 1, 2003
Re: The Village (at Avon) - Public Improvement Reimbursements
Summary: Two commitments were made by the Town of Avon to reimburse
The Village (at Avon) for construction of specified public improvements. The first
commitment made was to cover the cost of piping 155 feet of the Nottingham-Puder Ditch.
This commitment was to help offset additional Swift Gulch Road construction costs
associated with the relocation of road right-of-way with the resubdivision of the Swift Gulch
Public Works site. This resubdivision created a larger development area for the Public Works
Facility. A copy of letter from Bill Efting to Peter Jamar summarizing that commitment is
attached. The initial estimated cost of these improvements is $16,712.00.
The second commitment made was to cover the cost of paving 6-foot wide shoulders along
the Swift Gulch Road extension, or as an alternate paving a separated 10-foot wide
bike/pedestrian path. Approved and proposed plans provide a separated 10-foot wide asphalt
path from the Swift Gulch Public Works Facility to Post Boulevard at the new I-70
Interchange. The "First Amendment to Annexation and Development Agreement" included a
provision addressing this issue. However, it could be interpreted that this provision only
addresses the area from the easterly end of Swift Gulch Road in Buffalo Ridge to Post
Boulevard at I-70. The applicable section from the First Amendment to Amnexation and
Development Agreement is attached. We believe the intent of the Town Council was to
cover the cost of paving from the end of the existing pavement at the public works
maintenance facility to the connection with Post Boulevard at the new I-70 Interchange.
I:\Engineeiing\Avon Village\1.0 General\1.2 Agreerrents\Con-espondence\Village Reimbursement Funds-Memo.Doc
The initial estimated cost of these improvements is:
Maintenance Facility to Buffalo Ridge $ 40,229.00
Buffalo Ridge to Post Blvd. @ I-70 $ 32,023.00
Total Estimated Bike/Pedestrian Path cost $ 72,252.00
We would like to confirm that it was the Council's intent to reimburse the cost of the
bike/pedestrian path along Swift Gulch Road from the public works facility to Post Boulevard
at the new I-70 Interchange. With this determination we will continue to finalize actual costs
and prepare a proposed budget amendment to fund these costs from the Capital Improvement
Fund.
Financial Implications:
is summarized as:
Nottingham Puder Ditch Piping
Bike/Pedestrian Path to Buffalo Ridge
Bike/Pedestrian Path to I-70 Interchange
Total Estimated Cost
$ 16,712
40,229
32,023
$ 88,964
Capital Improvement Fund - 2003 Projected Fund Balance $ 2,390,748
Projected Fund Balance Reduction <88,964>
Capital Improvement Fund - 2003 Revised Fund Balance $ 2,301,784
Recommendation: Confirm intent regarding length of bike/pedestrian
path to be reimbursed.
Town Manager Comments: _
Total estimated cost of these improvements
0 Page 2
JUG-wAuuL IL:YY rlunrivRP vi -61v vvm....... rr.rr- ......
03-26-2U2 03;06W FROM PETER XAMAR ASSM TO
March 2111097
t...r
Mr. Peter J==
Fcftr f amar MsOdAtes, IM
log South F=t W Road, writ 07-04
Veil; CO 81657
Ow Mr. Jamar-
74MM P. 02
hank you fbr addtrsftyour aonce m at be 2/28/97 Avon Tawn Caumil, jllleetitl$ VA&
repeft tD our swift Gulch IF400 and the relmadom of the Swift Oukh load r4ht-oaf-way.
'Pori roqucsted art behalf of you client, EMD Limikd Liability Comp=y i"BMM, titst *e Town
of Ovou bo reapmtsible for approximately 153 feet of the NoltirShard Puler ditch either during
our developthent of our site or when EMI's road is canstructed.
The Town of Avm is in gpement wtrh your rawest. We will appropriately =close and mar
the ditch at the Tovm'a exprnse at the required btm.
Sinmrsly,
Bill Efti g
Fawn 1?+imuager
3qh
c: Avon M2YOr Old 7bwn (;pll1161
Lam Brook Direatov of Municipal Stmem
Norman Wood, Towzt Eng'uicor
60 30Vd S3WOH N33N9d3INIM Ob666b6OL6 ZE:80 ZOOZ/80/OZ
THE VILLAGE (AT AVON)
FIRST AMENDMENT
TO ANNEXATION AND DEVELOPMENT AGREEMENT
(o) Section 4.3(c) is amended and restated to read in its entirety as follows:
(c) Subject to all necessary permits and approvals having been
issued for the following described roadway improvements, which permits and approvals
the District shall diligently pursue, the District shall construct a two-lane paved general
circulation road with grades not exceeding ten percent (10%) and otherwise in
accordance with the road standards set forth in Section I-5 of the PUD Guide, which road
shall extend easterly from the point where Swift Gulch Road terminates in Planning Area
RMF-2 to the road designed to pass under Interstate 70 and serve Planning Areas RMF-1,
RMF-3 a nd R esidential L of 1 a nd Lots 6 -96 (the " Swift G ulch R oad Improvements").
The Swift Gulch Road Improvements shall be completed at the time of completion of the
Interstate 70 Improvements, and shall include six foot (6') wide paved shoulders on both
sides, or, in lieu thereof, if mutually agreed upon by the District and the Town, a ten foot
(10') wide paved bike / pedestrian path on one side of the road, which shall be separated
from the roadway. Within sixty (60) days after receipt of an itemized statement and
supporting documentation for such costs, the Town shall reimburse the District for the
full cost of paving the six foot wide shoulders, based on the unit cost of asphalt paving
for the Swift Gulch Road Improvements.
IAEngineering\Avon Village\1.0 General\1.2 Ab-eements\Con?espondence\Swift Gulch Road Bikepath Funds.Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date April 4, 2003
Re: Update on the Village at Avon PUD Amendment
Summary: Traer Creek LLC has submitted an application for a PUD Amendment to the Village
at Avon. The proposed amendment is modifying the land uses on the north side of the new 1-70
interchange.
Some of the highlights of the application include:
• Creating an additional 5.0 acres of Regional Commercial immediately adjacent to
the new interstate exchange.
• Relocating the school site to Tract M and increasing the planning area for the school
site by almost 2.0 acres.
• Reducing the Community Park from 29.0 acres to 25.0 acres.
• Designating a Fire District Regional Facility as required by the Annexation and
Development Agreement.
• Increasing Planning Area RMF-1 from 146 residential dwelling units to 240
residential dwelling units.
• Providing a mix of 289 dwelling units on Tract M of which 163 affordable housing units
are proposed.
Currently, the application is not complete and staff is preparing a letter outlining the deficiencies
contained in the application. As soon as the application is deemed complete, public notices will
be mailed (12-day timeline) and a hearing is scheduled before Planning & Zoning. Planning &
Zoning acts by resolution with a recommendation to Council. Council approves a PUD
Amendment by ordinance, which requires two meetings.
Staff will continue to update you as the application progresses.
Town Manager Comments:
Memo to Town Council - April 5, 2003 Page 1 of 1
Village at Avon PUD Amendment
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development --
Date April 4, 2003
Re: Status of Lot 61 PUD Amendment Extension
Summary: In response to the PUD extension granted to Lot 61, the Community Development
Committee ("Committee") has provided a timeline and development standards for a transit
center to IDG 3 LLC and its representative, Michael Hazard. The Committee has met several
times with the applicant to ensure the revised plan for Lot 61 and Town Center Implementation
occurs by the August 3, 2003 deadline.
Part of the planning process with IDG 3 LLC has included a timeline and proposed schedule,
which is attached hereto for your review. Unfortunately, IDG 3 LLC was unable to meet the
March 28, 2003 deadline for incorporating the Town and Lot 61 criteria. Apparently IDG 3 LLC
is working on a contract for selling Lot 61 and has proposed a revised schedule, which is also
attached hereto for your review.
Earlier this week, the Committee met with Michael Hazard and reviewed the revised schedule.
We are currently awaiting a schedule for a design charette to expedite the planning and design
development schedule.
Town Manager Comments:.,lf,
,?r?LC f ???' ??.? ??t ???C :,ti???_ ? -mac ct?iL-?o?-?-c,??.r.?? ` "?
Attachments:
• Community Development Committee Schedule for Town Center Pla ' --
Implementation and Lot 61
• Revised Schedule submitted by IDG 3 LLC
Memo to Town Council - April 5, 2003 Page 1 of 1
COMMUNITY DEVELOPMENT COMMITTEE
TOWN CENTER PLAN IMPLEMENTATION AND LOT 61
Process and Timeline for Implementation
Developing Criteria
February
1. Transit Services 2/4/03
2. Pedestrian areas 2/10/03
3. Streets & roads 2/10/03
4. Infrastructure locations 2/18/03
5. Meet with Michael Hazard 2/20/03
6. Development area 2/20/03
Design Development March - May
* Continue to meet consistently with Michael Hazard throughout design
development
1. Create development standards, including 3/4/03
parking
2. Incorporate Town and Hazard's criteria 3/28/03
3. Update Planning & Zoning 4/1/03
4. Update Council 4/22/03
5. Revise plan to incorporate Council/P&Z
Recommendations 5/5/03
6. Finalize conceptual development plan 5/23/03
Economic analysis (occurs contemporaneously
with design development) March - May
1. Determine Estimated Costs of Public
Improvements 4/15/03
2. Pursue available funding sources Occurring now
3. Report to Council 4/22/03
Final Devel opment Plan May - July
1. Incorporate conceptual plan w/financials 5/23/03
2. Meet with Michael Hazard 6/2/03
3. Public meeting (P&Z/Council) 6/10/03
4. Finalize development plan/final design 7/1/03
5. P&Z approval 7/15/03
6. Council Approval 7/22/03
Complete August 1, 2003
F:ACom Dev Ideas\Comdev CommitteeALot 61 Outline.Doc
IDG 31L1LCC?
P.O. Box 1068
Vail, Colorado
81658
970.949.4958
F970.949.4838
mha m,vail.net
MEMO
Date: March 31, 2003
To: Ruth Borne; Planning Director
Town of Avon
From: IDG 3 LLC
Re.: Lot 61 PUD Amendment
As you may be aware, we have been in negotiation with a parry interested in
acquiring Lot 61. None of us would have imagined that matters would have stretched
out this long, but we appear to be within days of an agreement.
Integral to the contract we have required that the buyer adhere to deadlines and a
schedule established between the Town and IDG 3 LLC. I am proposing a revised
schedule that necessarily respects the end date of August 1, 2003 but defines nsw
interim milestones. With the acceptance of this schedule we will attach it to the
contract with our Buyer.
Design Development
Incorporate Town and Lot 61 criteria 4/28/03
Update Planning & Zoning 4/29/03
Update Council 5/13/03
Revise plan to incorporate Council/
P&Z recommendations 5/19/03
Finalize conceptual development plan 6/02/03
Economic Analysis
Determine Estimated cost of Public
Improvements 5/05/03
Report to Council 5/13/03
Final Development Plan
Incorporate conceptual plan w/ financials 6/02/03
Public meeting (P&Z/Council) 6/10/03
Finalize Development Plan/final design 7/01/03
P&Z approval 7/15/03
Council approval 7/22/03
As a method of resolving programmatic and design issues, I will expand this schedule
to incorporate time for one or more "squatter sessions". These have been successful
with project such as this one where numerous parties must contribute to the process.
Typically, these sessions will run all day and be preceded with an agenda and a
certain amount of appropriate base information for all parties to prepare their input.
The intent is for a certain amount of design refinement and conclusions to be drawn
by consensus. This results in a more rapid process where all parties have an
opportunity to contribute to the ultimate design solutions.
Memo
To: Honorable Mayor and Town Council
Thra: Lang Brooks, Town Manager
From: Scott Wright, Finance Director
Date: April 4, 2003
Re: Kayak Crossing Refinancing
Summary:
Andy Kane of Kirkpatrick Pettis, a bond underwriting firm, has made and inquiry of staff
regarding the Town's possible interest in assisting in a tax-exempt bond refinancing for
Eaglebend Dowd Affordable Housing Corporation ("Eaglebend Dowd") a nonprofit
corporation formed by and on behalf of the Town of Avon. The original bonds were issued by
the Eaglebend Dowd to finance a 50-unit affordable housing complex known as Kayak
Crossing. Projected net present value savings are estimated to be roughly 7% of the
outstanding bonds, or $615,000.
In order for the refinancing to take place the bonds must qualify under a Federal tax provision
called "bank qualified (BQ) bonds". To be so qualified, the Town must allow Eaglebend
Dowd to use the Town's annual $10 million permitted amount of BQ capacity. If the Town is
comfortable with allowing the Eaglebend Dowd to use its $10 million BQ designation for
2003, then I would recommend that the Town authorize Andy to proceed with the refinancing.
As you may recall from the Town's assistance to the Kroger Co. for its issuance of Industrial
Development refinancing bonds, the Town has developed an internal policy of charging a
.50% fee for the issuance of Industrial Development Bonds and Private Activity Bonds.
Technically, the refinancing bonds discussed above for Kayak Crossing may not be issued by
the Town but through the housing corporation. Unless otherwise directed, it is staff s opinion
that this fee should be extended to any entity using the Town's BQ capacity.
Town Manager Comments:
Page 1
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 25, 2003
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 Pro Tem Mac McDevitt called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present.
Mayor Buz Reynolds was absent. Also present were 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, Finance Director Scott Wright, Police Chief Jeff Layman,
Community Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Mike Cacioppo, Speak Out newspaper, asked the Council to explain what the Vail Valley
Economic Council was going to do for the Town of Avon's $5,000 contribution. Several Council
members presented some of the information that this Council would hopefully generate as
follows:
? Generate demographics of the county.
? Primary role is to try to attract new business to the County.
? Identify what types of business the county should recruit.
? Provide an inventory of existing businesses.
Further discussion ensued about the formation of the Council and how the Town would
determine that it was getting what it paid for.
Resolutions
Town Attorney John Dunn presented Resolution No. 03-13, Series of 2003, A Resolution
Authorizing a Petition for Exclusion of EagleBend Subdivision from Eagle Vail Metropolitan
District and Agreeing to Provide to EagleBend the Service now provided by Eagle-Vail
Metropolitan District. The Resolution was tabled at the last meeting. Dunn noted that there
have been no changes in either the costs associated with legal fees or with resolving the water
rights problem. Resident Buz Didier was present to inform the Council that he is still actively
working on finding the water. He emphasized the fact that the residents do not want to pay for
resolving this situation. Didier noted that Jeff Spanel, Intermountain Engineering, has a deed
which reflected the transfer of the water rights. He did not really have a timeframe as to when
this could be resolved, but asked for more time to find the water. It was recommended to
council to permanently table this resolution until the residents come back with some type of
proposal. Councilor Sipes moved to table Resolution No. 03-13, Series of 2003 indefinitely.
Councilor P. Buckley seconded the motion and it passed unanimously.
Finance Director Scott Wright presented Resolution No. 03-14, a Budget Amendment to the
2003 Budget. He described the various items affected by the proposed budget amendment as
outlined in the memo included in the packet. Councilor P. Buckley confirmed that with this
amendment to the budget, the Town would not be overspending its revenues. Councilor D.
Buckley moved to approve Resolution No. 03-14, A Resolution to amend the 2003 Town of
Avon Budget. Councilor Brown seconded the motion and it passed unanimously.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
f
From: Julie Kessenich, Admire Recreation Coordinator
Meryl Jacobs, Director of Recreation
Date: March 28, 2003 ??n
RE: Agreement for Petting Zoo for Egg Hunt
Summary:
Attached please find the agreement between Noah's Ark Petting Zoo and the Town
of Avon Recreation Center for the petting zoo for the Egg Hunt on April 19, 2003.
Discussion:
We have used Noah's Ark for the petting zoo for many years. They provide a great
petting zoo. We look forward to working with them again.
Financial Implications:
The cost for the petting zoo is $675.00. This cost is included in our 2003 budget.
Recommendation:
I recommend that Council approve and sign the attached agreement for the petting
zoo services.
Town Manger Comments:
Town of Avon e P.O. Box 975 • Avon, CO 81620 • 970-748-4032
..l
Y
Noah's Ark Petting Zoo & Pony Rides, Inc. Phone: 303/646-3932
8330 Country Circle Fax :303/646-0286
Elizabeth, Co. 80107 E-Mail: info@noahszoo.com
Contract
Date of Event: April 19", 2003
Event Name: Easter at Avon
Location: Park
Contact: Julie
Address: P.O. Box 975
City/State: Avon, Co. _
Phone: 970-778-4056 or 970-748-4032
Noah's Ark agrees to provide "Noah's Ark Petting Zoo" free admission exhibit for this event
with the following requirements:
1. Sponsor agrees to provide the following exhibit area at no cost to Noah's Ark
A. indoor space on a reasonably level surface equal to the agreed upon petting zoo
dimensions. Noah's Ark to provide all tarps, animal bedding and feed required.
X_B. outdoor space on a reasonably level surface equal to the agreed upon petting zoo
dimensions. Noah's Ark to provide all tents, animal bedding and feed required.
20' X 20' Petting Zoo
X 20' X 30' Petting Zoo
20' X 40' Petting Zoo
20' X 60' Petting Zoo
2. Sponsor agrees to provide the following electrical, water and trash requirements at no
cost to Noah's Ark:
A. Two 110 Volt outlets
B. Four 110 Volt outlets
C. Six 110 Volt outlets
X_ D. Full access to water hookups within 100' of the petting zoo
X E. Full access to trash receptacles within 100' of the petting zoo
..a
Page 2
3. Sponsor agrees to provide the following parking and admission requirements at no cost to
Noah's Ark:
_ A. RV Parking space for one 35' travel trailer with electric, water and sewage
hookups. This site must be located as close as possible to the exhibit area.
X_ B. Parking space for one 24' horse trailer. This equipment must be located adjacent
to the exhibit at all times.
_ C. Two permits/passes for passenger/cargo entry into parking lots and exhibit areas.
D. Admission tickets/passes for all petting zoo staff for each day of the scheduled
event.
4. Sponsor agrees to have exhibit site available to Noah's Ark for the following setup
requirements:
A. Indoor setup: _day/days prior to opening day.
B. Outdoor setup:_day/days prior to opening day.
X C. Day of the event
5. Sponsor agrees to allow Noah's Ark at no cost to include an area within the exhibit space
for the purpose of selling animal feed and animal related items.
6. Hours of operation: Noah's Ark agrees to operate the exhibit using the same schedule
as published for the event unless otherwise noted.
X
Weekday hours of operation
Weekend hours of operation
Special promotion days, hours of operation-10 am to 12 pm
7. Sponsor agrees to pay Noah's Ark the following fee for each day of the scheduled event:
Exhibit rate per day : _$675.00
Number of days _ 1 _
Total amount due :$675.00
8. Sponsor agrees to at no cost to include and area for Noah's Ark Pony Rides to set up and
operate with the following space requirements:
X_ A. Not Applicable
B. 40' X 40' space
C. 30' X 30' space
Noah's Ark agrees to provide pony rides at a fee to the public, and at no cost to the sponsor.
The pony ride hours will correspond with the hours of the petting zoo up until 9 pm unless
otherwise agreed upon by both parties.
Page 3
9. In the event of severe weather or any situation beyond Noah's Ark's control that may
result in closure of this event for any amount of time, the sponsor agrees to provide full
payment at the above rate. Payment is due immediately upon completion of the event.
v
President No 's Ark
84-1500602
Tax Payor ID
3 ? ??? D3
Date
Sponsoring Organization
Address
Signature/Title
Date
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer f
Anne Martens, Assistant Town Engineer
Date: April 1, 2003
Re: Resolution No. 03 - 15, Approving the Final Plat, Lots 67 and 68, A Resubdivision of
Lot 67/68, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County,
Colorado (0020 and 0008 Nottingham Road)
Summary: PetroHut LLC, owner of Lot 67/68, Block 1, Benchmark at Beaver Creek, has
submitted a Final Plat to resubdivide Lot 67/68, Block 1, Benchmark at Beaver Creek, Town
of Avon, Eagle County, Colorado. This is a Resubdivision of a developed lot, recreating Lots
67 and Lot 68, and associated access easements. Lot 67/68 was previously combined into
one lot and since the new development, this application recreates the two lots. The
Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 03 - 15, Series
of 2003, A Resolution Approving the Final Plat, Lots 67 and 68, A Resubdivision of Lot 67/68,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, subject to
completion of technical corrections to be approved by staff.
Town Manager Comments:
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK216768131 BMBC.doc
TOWN OF AVON
RESOLUTION NO. 03 -15
Series of 2003
A RESOLUTION APPROVING THE FINAL PLAT, LOTS 67 AND 68, A
RESUBDIVISION OF LOT 67/68, BLOCK 1, BENCHMARK AT BEAVER CREEK,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, PetroHut LLC, has submitted a Final Plat for a Resubdivision of Lot 67/68, Block
1, Benchmark at Beaver Creek, 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 67/68, Block 1, Benchmark at Beaver
Creek, 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
ATTEST:
Patty McKenny, Town Clerk
, 2003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
CADocuments and Settings\nwood\Local SettingsUemporary Internet Fi1es\0LK2\L6768BIBMBCres0315.doc