TC Council Packet 05-13-2003STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD MAY 13, 2003, AT 2:45 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:45 PM - 3:45 PM 1) Council Committee Updates
Marketing (Councilor P. Buckley)
Eagle County/Recreation Discussions
(Councilor Wolfe)
Transit (Councilor Wolfe)
Water (Councilor D. Buckley)
Eagle County Meetings (Mayor Reynolds &
Mayor Pro Tern McDevitt)
3:45 PM - 4:10 PM 2) Avon Arts Pedestals (Bob Reed)
4:10 PM - 4:30 PM 3) Landscape Update (Bob Reed)
4:30 PM - 5:15 PM 4) Staff Updates -
a. Special Events Update - (Julie Kessenich)
b. Round-a-bout Signage (Norm Wood)
c. Barrancas ERWSD Letter (Norm Wood)
d. FEMA Map Update (Norm Wood)
e. Eagle County - Request to name Official
Polling Location at Town's Municipal Bldg
(Patty McKenny)
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: 2?-k G
Pat Kenny
Town Jerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 9, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Avon Council Meeting. 03.05.13
Memo
To: Honorable Mayor and Town Council
From: Councilor Debbie Buckley
Thru: Patty McKenny, Town Clerk
Date: May 7, 2003
Re: Water Update
Summary:
Debbie asked that I include this information in your packets for your review.
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: May 8, 2003
Re: Statue Pedestals
Background: As you all know, a few of the statue pedestals built around the Town
of Avon were done with very little cost to the Town. Recently, the Planning and Zoning
Commission questioned if the pedestals met Avon Streetscape Standards. Hopefully this will
address those concerns.
The Public Works Department currently maintains nine pedestals around Town. Four of those
were planned and completed as part of the landscape design and fit well with the overall
theme of Avon Road.
One will be completed in the next two weeks with the restoration of grades at RA #2, which
houses the "Pledge".
Discussion: For the remaining four pedestals, we offer the following options to
accomplish a nicer, finished look.
Option #1 - Camp Hale stone finish (matches existing rock work on Avon Road) with a
sandstone cap.
Option #2 - painted stucco finish with sandstone cap.
Option #3 - Everstone finish (small chip) entire pedestal.
Option #4 - Everstone finish with sandstone cap.
Samples will be presented at the work session may 13, 2003.
CAWINDOWS\Tempors Intemet Files\OLK4224\Council Memo Statue Pedestalsl.Doc
Financial Implications:
Sidewalk Society
Option 1 $5,050
Option 2 $3,500
Option 3 $1,500
Option 4 $1,950
Wal-Mart Pedestal
$2,500
existing/paint
$800
$1,200
Basket Dance Benchmark Rd.w/manhole
$2,100 $2,100
existing/paint existing/needs repair
$700 $700
$1,500 $1,500
Recommendation: We have received comments that the gray look of "Sidewalk
Society" matches the theme of the artwork as well as surrounding areas. If Council would like
to change the appearance, we would recommend a sandstone cap. Because the vertical edge
abuts the sidewalk, any finish could be damaged by snow removal.
As for the remaining three pedestals, we think a painted stucco finish will provide a nice look
and be the most economical as well.
Your choices will be presented to the Planning and Zoning Commission at the next scheduled
meeting.
Town Manager Comments:
0 Page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: May 7, 2003
Re: Landscape Changes
Summary: We would like to offer this update to Town Council about our on-going battle
with drought issues. At last direction, Public Works was asked to come up with a plan for the future
that would further minimize water use.
Background: The Town of Avon has always taken strides to conserve water. We have been
steadily reducing water consumption for the last five years. Through irrigation improvements in the
last two to three years we were able to reduce our water consumption by about 15% (3.5 million
gallons). In 2001, Avon used about 21 million gallons of untreated water compared to about 14.5
million gallons in 2002. That amounts to about a 40% overall reduction in the last two years. Our goal
for 2003 is to reduce the amount of metered water we use by 50%.
As you are all aware, the Town of Avon recently adopted revised landscaping guidelines for both
residential and commercial/industrial portions of our design guidelines. We would like to point out
that most of our landscaping throughout the Town already complies with those guidelines. Park areas
are the exception, although we have reduced the consumption of untreated water considerably (about
30%) to more than comply with the same restrictions that are associated with the metered or treated
water.
The original design on Avon Road for example, was well ahead of its time in addressing drought
conditions and using drought tolerant plants. After evaluating existing plans and water usage, staff has
come up with several ideas to improve upon these and conserve water in the future.
Discussion: Last year's drought conditions were the most severe since the landscaping was
completed on Avon Road. Overall, turf and most plants held up very well to watering restrictions and
showed to be tolerant of the dry conditions. There was some problem areas that staff has
recommended we change or re-evaluate for the future.
In 2003:
1. Remove the dogwood shrubs @ RA #1, replace with rock.
2. Remove junipers @ Sun Road, replace with rock.
3. Remove trees @ SW corner RA #1, plant with wildflower mix.
4. Plant wildflower mix @ SE corner RA # 1.
5. Median islands @ RA #3 - no annuals, mulch after bulbs bloom.
6. Replace spray nozzles with low trajectory/low gallon use nozzles to eliminate waste.
In 2004:
1. Remove junipers in median strips RA #2, replace with brick.
2. Remove sod @ Sun Road, replace with brick.
3. Remove small strips of grass, replace with concrete or embedded rock.
4. Look at the possibility of redesign with construction in 2005.
5. Widen brick strip @ RA#1. Damage from trucks is exceptional in this area. Reduce turf or
plantings on the North end.
In 2005:
1. Redesign corners @ Hurd Ln. and Avon Rd. (hopefully, to be addressed as Confluence is
developed.
2. Remove planting bed and create seating area for artwork.
Another option is to create a pasture-look or wildflower carpet, especially between Benchmark Rd and
The RR tracks. However, 1 would like to remind Town Council that this was the original design
intended. Because of criticism and complaints from the public, we began overseeding with a rye mix
that presents a nice groomed look.
Going beyond the measures described above would be better achieved by hiring a landscape architect.
We could expect costs of around $13,000 to redesign Avon Rd. alone. Implementation costs would be
determined by the design chosen.
Financial Implications: Work within the existing design, as described above, could be
worked into the overall landscape budget. Most of the work can be accomplished with existing labor
budgeted over the next few years. In 2003, nothing was budgeted. The recommended changes can be
accomplished within the existing budget. In 2004, approximately $7,500 will be required for brick,
rock or concrete work. And in 2005, another $5,000 will be required for more brickwork and
decorative rock.
Recommendation: It has always been Avon's reputation to have a more manicured look
with lots of flowers and color from early spring to late fall. Staff recommends that we continue to
make changes within the existing design, monitor problem areas, and look for ways to conserve water
rather than drastic changes. For example, areas that dry out exceptionally fast or where water is
wasted will be evaluated on an on-going basis, and corrected accordingly.
Alternatives: Should Town Council decide they would like a different design (no turf,
xeriscape), staff suggests we consult or contract with a landscape architect to get the desired overall
effect we might be looking for.
Town Manager Comments:
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager `x
From: Julie Kessenich, Admin Recreation Coordinator 7?`-1
Meryl Jacobs, Director of Recreation
Date: May 7, 2003
RE: Update on upcoming events
Summary:
Staff has been working on the additional events that are listed below. The Swap Meet and Antique
Show are tentative as we are seeking appropriate locations.
May 17`h & 18th Kite Flying in Nottingham Park (Home Depot Opening)
2:00pm -3:00pm
May 23`d VMS Project Graduation- After hour's buyout of Recreation Center &
staff. 8:30pm - 2:00am
May 31't BMHS Project Graduation- After hour's buyout of Recreation Center &
staff. 10:00pm - 2:00am
June 22nd Clickhair using aerobics room at the recreation center for hair cut-a-thon,
silent auction, refreshments sale to benefit the Resource Center of Eagle
County.
11:00-5:00
June 8, June 22, Swap Meet (turnkey event)- Received completed application still
July 6, July 20, working on finding a location.
Aug 3, Aug 17
Aug 31
Aug 7-10 Antique Show (turnkey event)- Waiting for completed application,
discussing possible location.
Town Manager Comments: 4 4 40-
we,
Town of Avon • P.O. Box 975 • Avon, CO 81620 `• 970-748-4032
2003 CALENDAR OF AVON'S SPECIAL EVENTS
APRIL 19 EGG HUNT IN AVON Join the Town of Avon in the largest egg hunt in the
Valley. Kids can meet the Bunny, go on an outdoor egg hunt, play on bouncy toys, get a face tattoo
and visit the petting zoo and more! Parents don't forget your camera! Event time: I0:OOam- 12 :00
pm.
MAY 17 & 18 KITE FLYING IN NOTTINGHAM PARK-Grand Openings and happenings
in Avon. Join the fun between Home Depot & Chapel Square on East Beaver Creek Blvd. Come fly
a kite in Nottingham Park for 2:00-3:00 both Saturday and Sunday. Lots of fun: Contest and
prizes. Bring your own Kite-Creation.
MAY 23 VMS PROJECT GRADUATION Project Graduation is a drug free, smoke free and
alcohol free party taking place at the Avon Recreation Center for the graduating class of 2003.
MAY 3I BMHS PROJECT GRADUATION Project Graduation is a drug free, smoke free and
alcohol free party taking place at the Avon Recreation Center for the graduating class of 2003.
JUNE 7 NOTTINGHAM LAKE FISHING DERBY Children under 15 are invited to get out
and enjoy free fishing during National Fishing Week. A limited supply of fishing poles will be
available to rent. Prizes will be awarded! Event time: I0:00 - 2:00pm.
JUNE 8 EAGLE VALLEY SWAP MEET- I5-20 vendors will be selling discounted wholesale
items. Sundays from 9:00-3:00.
JUNE 22 HAIR CUT-A-THON- Clickhair will be holding a hair cut-a-thon, silent auction,
refreshments sale at the Recreation Center to benefit the Resource Center of Eagle County.
JUNE 22 EAGLE VALLEY SWAP MEET- I5-20 vendors will be selling discounted wholesale
items. Sundays from 9:00-3:00.
JUNE 27 LACROSSE SHOOT-OUT IN AVON June 29 - July 8 Sponsored by International
Lacrosse Promotions. Times vary.
JULY 4 SALUTE TO THE USA Laser extravaganza and a free concert will entertain the guests
and locals of the Town of Avon. All are welcome to enjoy the half-hour Laser display that is
choreographed to a musical score. Concert begins at 5:00 pm. with Laser show beginning at 9AS
pm.
JULY 6 EAGLE VALLEY SWAP MEET- I 5-20 vendors will be selling discounted wholesale
items. Sundays from 9:00-3:00.
JULY I I-I3 THUNDERBIRD ARTS FESTIVAL A Southwestern Arts Festival featuring
paintings, bronzes, mixed media, clay, copper and stone sculptures, etched and stained glass,
pottery & more. Call Thunderbird Artists at 480-837-5637 for more information. Chapel Square,
Avon.
JULY 12 TRIPLE BYPASS BICYCLE TOUR The tour starts in Evergreen and climbs over
Squaw Pass to Idaho Springs and on into Georgetown. From there it climbs over Loveland Pass to
Frisco, and over Vail Pass to the finish line in Avon. For more information call Team Evergreen at
303-674-6048.
JULY 20 EAGLE VALLEY SWAP MEET- I 5-20 vendors will be selling discounted wholesale
items. Sundays from 9:00-3:00.
JULY 25 9 1I EMERGENCY TRAINING COURSE FOR KIDS This free one-day event will
introduce youth ages 9-I2 to the Emergency Medical Service agencies in Eagle County. Activities
will include an introduction to water safety and rescue, swimming/lifesaving techniques, CPR and
first aid, traffic and fire safety and a self-defense/personal protection class. Lunch will be provided.
JULY 26 ANGELS IN ACTION- This race is a Sk fun run/walk. Starting in Nottingham Park
and continuing down the bike path to Arrowhead and returning to the finish line in Nottingham
Park.
JULY 3IST AMERICAN CROWN CIRCUS This Circus is family entertainment at its best.
America's newest and most beautiful circus is a family acrobatics circus. You will get to see
acrobats, jugglers, aerialists, balancers and clowns. The show will be from 6pm to 9:30 pm at
Nottingham Park. Don't miss out this is an action packed world class act for all the family. There
are no exotic animals in the performance.
AUGUST 3 EAGLE VALLEY SWAP MEET- I5-20 vendors will be selling discounted
wholesale items. Sundays from 9:00-3:00.
AUGUST 7-I0 ANTIQUE SHOW. Vendors will have wide verity of antiques. (This show was
up in Beaver Creek last year
AUGUST 8 25,1 ANNIVERSARY CELEBRATION FOR THE TOWN OF AVON Come
out and join us in celebrating the 25d' Anniversary of a I00-year-old town. There will be free BBQ
and live band from S:00pm - 7:00 pm. Come out and enjoy an evening at the park. Make sure to
tour the newly decorated cabin, which displays a lot of history about the Town of Avon.
AUGUST 17 EAGLE VALLEY SWAP MEET- I 5-20 vendors will be selling discounted
wholesale items. Sundays from 9:00-3:00.
AUGUST 31 EAGLE VALLEY SWAP MEET- I5-20 vendors will be selling discounted
wholesale items. Sundays from 9:00-3:00.
SEPTEMBER 7 AVON HIGH COUNTRY TRIATHLON/DUATHLON Triathletes
swim 800-yards in the Avon Recreation Center pool followed by a challenging 14 mile vertical
bike ride through Bachelor's Gulch and a 5-mile run through Nottingham Park and along the bike
path to Arrowhead and back to the finish line in Nottingham Park. Race begins at 7:30 am.
OCTOBER 4-5 VAIL VALLEY SOCCER INVITATIONAL TOURNAMENT Soccer fans
come out and watch 80 Front Range and western slope youth soccer teams battle for the VVS
Invitational cup.
OCTOBER 31 FALL FUN NIGHT Local families and visitors with children of elementary
school age are invited to participate in this community-minded event, which takes place in
Nottingham Park from 4 to 8 pm. Fall Fun Night is a safe and non-scary alternative to
Halloween. Games, treats and prizes galore! Entry is free to the public. For more information call
Tommy Schneider 970-47I-2I52.
DECEMBER 13 HOLIDAY IN THE PARK Sit on Santa's knee and tell him your Christmas
wishes. Enjoy crafts with Mrs. Claus. Sip hot chocolate and nibble on a cookie while enjoying a
large bonfire. Event times: 6:00 - 8:00 pm.
PLEASE CALL 970-748-4032 or TTY 970-748-8293 FOR FURTHER INFORMATION.
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer'-.'' Anne Martens, Assistant Town(Engineer
Date: May 7, 2003
Re: Roundabout Signage
Summary: The Avon Road Roundabouts were constructed in 1997 and
have been in use for 6 years. During the past 6 years several signs have been installed to
assist in educating the public on how to drive the Roundabouts. Some of the informational
signs are attached for reference. Not only are these signs misleading and sometimes
incorrect, they do not meet the Manual of Uniform Traffic Control Devices (MUTCD)
standards. The MUTCD manual is the reference document and national standard for
signage and striping. Therefore the signs are not enforceable and all seven blue
information signs should be removed.
Figure 1 (1-70 Exit Ramp)
Figure 2 (Avon Road - Southbound)
C:\Documents And Settings\Nwood\Local Settings\Ternporary Internet Files\OLK2\Avon Road Signage.Doc 1
Figure 3 (Avon Road - Southbound)
Recommendations:
Figure 4 (E. Beaver Crk Blvd - Westbound)
It is recommended that the seven blue informational
direction signs at the approaches to the Avon Road Roundabout be removed.
Town Manager Comments:
G\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Avon Road Signage.Doc 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer`
Date: May 7, 2003
Re: Payment for "Upgrades" to Water System
Summary: We received a copy of the attached letter from Linn Schorr,
Engineering Manager for Eagle River Water & Sanitation District, to Rick Dominick with
Fieldstone Developers. The letter is in reference to water system improvements to the Brown
tank booster pump station to provide fire flow volume to the Barrancas Project. The letter
makes direct reference to this water system upgrade being the responsibility of either the Town
of Avon or the developer and not the responsibility of the Authority. We believe that the
Water Service Agreement between the Town of Avon and the Upper Eagle Regional Water
Authority clearly states that the individual water systems were accepted by the Authority in "as
is" condition and all future maintenance, repair and upgrade expenses are obligations of the
Authority. These provisions in the Agreement were pointed out in our letter of December 19,
2002 (copy attached).
The current letter is addressed to the developer of the Barrancas project and not the Town of
Avon. Consequently, it appears that the Authority is expecting payment for this work from
the developer. We are concerned that the letter questions the adequacy of fire flow volume at
the Barrancas project, does not clearly require installation of improvements to provide
minimum fire flow volume and includes. the Town of Avon as being responsible for the
improvements. The attached letter has been drafted in an attempt to address these concerns.
This letter restates our position that the Authority accepted existing systems "as is" and they
are ultimately responsible for all future maintenance, repair and upgrade expenses required for
minimum service levels. If they are requiring the developer pay for the improvements this
should be clearly stated. The Town of Avon should not be listed as responsible for these
improvements as Avon's responsibility was transferred to the Authority by the Water Service
Agreement.
I:\Enb neeiing\WateT\UERWA\Banancas Request-2 Memo.Doc
If Council agrees with these concerns, we recommend they authorize staff to issue the attached
letter expressing these concerns.
Recommendation: Authorize staff to issue attached letter to the Upper Eagle
Regional Water Authority expressing concerns regarding fire flow volumes to the Barrancas
Project and the responsibility for correction of any deficiencies in the water system.
Town Manager Comments:
0 Page 2
Apr-28-03 04:32P Town of Avon
970 748 1958 P.02?
EAGLE RIVER
' WATER? 8k SANITATION DISTRICT
??6 Frre9;t acar? - Vol, ??trt?icr a 657
April ,2, 2001
Mr. Rick Dominick
Fieldstone Developfts
14 :fast Meadow rive.., Suit 4"-A
-Subject; Fire Volumes
Dear R ck:
As. I believe you are aware, the l?rpper Eagle Regional Water Authority (Authority) identified,,
ttou its Master. Planning ;^i?yswm Hydmubcs Study> that the volume of water required for f ae
suppression to yow- develospme nt i6 not currently physically available, tour engin=r, Sch- i'ueser,
Gordan, BSc r4?r (SGM) prop i d design dramas and a cast estimtaw for improve mews that could
be made to the Brown tank boaster pump statism to mmw your project with. water storage tunics
local ixx the Wildridge Subdivision than could piovide the necessary fire v olutxzes. At the last
inonih"s mmmg, of the Autbt ty's Roard of.DiTectors„ it was detennined ftt the responsibility
for this upgrade to save your system with fiae sVpression water is not the Authority°S, but is
eithez- the Town ofAIFor.'s, or tl dcvOope-r's. It is our underrstanding througls. discussions N th
Romeo 8aylosrs of"Peak CMI Engineering ftt FieldS'tone intends to tap the water systwn for
dome is supply wain the next man h. We str=gly feel ftt this tap should not occur until
fire volumes aver available to tic project. The asst of frie improvements is estimated b the
en??r to be less than 510,000 and the work could be performed within a evaple of "e time-
Please feel free to contact GAS or me with questions or concerns. It tare Autho- i ty can assist you
in am way in co"dinating tht-w miDor changes to fhe infrast cture, please do not hesitate to call
me.
?scez-ely,
Linn Sahamr
luxx?ixse?in?; atsa?e:
CC, Romeo Baylosis
Carol 1Mu1K n.
h o;lfns
lh nis Uelvzn
joyct Wood
Project File
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C O L D R A D 0
December 19, 2002
Ms. Linn Schorr,
Engineering Manager
Eagle River Water & Sanitation District
846 Forest Road
t
k Vail, CO 81657
}F i
S
Re: Barrancas Development Fire Flows
Dear Linn:
This is in response to the proposed modifications to the water system to provide fire
flows to the Barrancas Project currently being constructed along Metcalf Road. We
( believe the proposed modifications provide a viable option for maintaining sustained fire
flows to the Barrancas Project. We do not believe that the cost of these modifications
should be borne by the Town of Avon per the Service Agreement. We believe that the'
Service Agreement clearly states that the individual water systems were accepted by the
Authority in "as is" condition and all future maintenance, repair and upgrade expenses
are obligations of the Authority, and not the obligations of the Participating Members. If
you do not concur with this interpretation or if you believe there other provisions in the
Agreement that supports a different conclusion, please advise accordingly.
I look forward to hearing from you.
Sincerely,
Norman Wood, P.E.
Town Engineer
S
cc:
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
Larry Brooks
Debbie Buckley
Dennis Gelvin
John Dunn
970-748-4000
970-949-9139 Fax
970-845-7708 TITEii-ineerine\water\UERWA\Banancas Request-1.Doc
HEART of the VALLEY
AVON
C O L O R A D O
May 7, 2003
Upper Eagle Regional Water Authority
846 Forest Road
Vail, CO 81657
Atten: Ms. Linn Schorr, Engineering Manager
Re: Barrancas Development Fire Flows
Dear Linn:
This is in response to your letter of April 2, 2003 regarding modifications to the Brown
tank booster pump station which you believe are necessary to provide the minimum fire
flow volume for the Barrancas project. We would like to express our concerns with
respect to this letter:
1. The letter states that the volume of water required for fire suppression is
not currently physically available to the Barrancas project.
2. The letter does not specifically require correction of This identified
problem.
3. The letter states that responsibility for the upgrade is not the responsibility
of the Authority, but is the Town's or the developer's.
We are concerned that the letter identifies a specific problem, insufficient fire flow
volume, but does not specifically require or provide for correction of the problem. We
are further concerned that this letter attempts to pass responsibility for correction of the
problem from the Authority to the Town. As stated in previous correspondence, the
Service Agreement clearly states that the individual water systems were accepted by the
Authority in "as is" condition and all future maintenance, repair and upgrade expenses
are the obligations of the Authority. This provision transferred responsibility from the
Town to the Authority and therefore, the Authority should assume full responsibility to
assure that required improvements are completed either at the direct expense of the
Authority or through reimbursement by the developer.
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TT)L\Engineering\Water\UERWA\Barrancas Request-2.Doc
May 7, 2003
We trust that this problem will be corrected in a timely manner and there will be no
obligation of the Town with respect to this correction.
If you have any questions regarding our concerns with respect to correction of the
identified problem, please advise.
Sincerely,
Norman Wood, P.E.
Town Engineer
cc: Larry Brooks
Debbie Buckley
Dennis Gelvin
John Dunn
I:\Engineering\Water\UERWA\BaiTancas Request-2.Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer= `.
Date: May 8, 2003
Re:
Summary: We have received preliminary copies of a revised Flood
Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) Report for Eagle County and
the incorporated area of the Town of Avon. These maps were last updated in 1987 and all
areas within the corporate limits of that time were designated as Flood Hazard Zone D (Areas
in which flood hazards are undetermined, but possible). The revised Preliminary Map
includes areas that have been annexed since 1987 and also defines the Eagle River as Zone A
(No base flood elevations determined) and the remainder of the Town is defined as Zone X
(Areas detennined to be outside the 0.2% annual chance flood with average depths of less than
1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%
annual chance flood). This is the preferred rating and we anticipate it will be carried through
to the final mapping.
A copy of the transmittal letter from Federal Emergency Management Agency (FEMA) is
attached for additional information. If there are questions regarding the Preliminary Maps or
Report I have a copy in my office.
No action is required at this time, but it may be necessary later to revise our flood control
regulations to reflect changes in the final FIRM or FIS report when they are in place.
Recommendation: No Action required at this time.
Town Manager Comments:
I:\Engineeiing\.Stormwater\Floodplain Con-spdnceTIRM Memo-1.Doc
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Wpm Federal Emergency Management Agency
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APR 1 1 2003
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The Honorable Judy Yoder ; o Mayor, Town of Avon 'T
P.O. Box 975
400 Benchmark Road t r
Avon, CO 81620
Dear Mayor Yoder:
We are pleased to present you with three Preliminary copies of the Flood Insurance Rate Map (FIRM) and
Flood Insurance Study (FIS) Report for Eagle County, Colorado and Incorporated Areas for your review
and comment. We have prepared the FIRM and FIS report in our countywide format, which means that
flood hazard information for the entire county, including the Town of Avon, and all other communities, is
presented. However, we have enclosed only those FIRM panels that actually cover your community. We
have provided complete sets of the FIRM panels to county officials under separate cover, and they should
be available there for review by your community.
We have prepared the enclosed version of the FIRM directly from the effective FIRMs and Flood
Boundary and Floodway Maps (FBFMs) for the county and incorporated areas using a process that
involves capturing data in a digital (computer-readable) format and plotting map panels using a specialized
computer technology. In so doing, we have incorporated all essential information from the previously
effective FIR-Ms and FBFMs.
In addition to preparing the FIRM and FIS report a countywide format, we made other format revisions to
the FIRM and FIS report. The specific revisions are summarized in Section 10.0 of the FIS report.
To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous
Letters of Map Change (LOMCs) (i.e., Letters of Map Amendment, Letters of Map Revision) will be
superseded when the countywide FIRM becomes effective. According to our records, no LOMCs were
issued previously.
Your community will have 30 days from the date of this letter to review the enclosed copies of the FIRM
and FIS report. The review period provides your community with an opportunity to correct and add
nontechnical information, such as roads (within or adjacent to the Special Flood Hazard Areas), bridges,
and streams, presented on the FIRM or in the FIS report. We will review all comments or changes
received during this 30-day review period and incorporate them, as appropriate, before the FIRM and FIS
report become effective.
At the end of the 30-day review period, we will initiate a statutory 90-day appeal period for another
community within your county for which we added or modified Base Flood Elevations. Because the
countywide FIRM must be processed for all communities concurrently, farther action for your community
will be postponed pending the completion of the 90-day appeal period and resolution of all appeals.
After the review and appeal periods have ended and all comments/appeals have been addressed, we will
initiate final preparation of the FIRM and FIS report. The new FIRM and FIS report for your community
will become effective approximately 6 months later. Before the effective date, you will be notified in
writing that your community should adopt floodplain ordinances or modify existing ordinances as
necessary to reflect any changes in the FIRM or FIS report, including reference to the new effective date.
Approximately 3 weeks before the effective date, we will send your community printed copies of the FIRM
and FIS report.
2
Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data
for the entire county can be provided to your community for use in a computer mapping system. These files
can be used in conjunction with other thematic data for floodplain management purposes, insurance
purchase and rating requirements, and many other planning applications. In addition, your community
may be eligible for additional credits under our Community Rating System if you implement your activities
using digital mapping files.
The Federal Emergency Management Agency (FEMA) maintains information about map features, such as
street locations and names, in or near designated flood hazard areas. Requests to revise such information
in or near designated flood hazard areas may be provided to FEMA during the community review period,
at the final Consultation and Coordination Officer meeting, or during the statutory 90-day appeal period.
Approved requests for changes will be shown on the final printed FIRM.
If you have any questions regarding the necessary floodplain management measures for your community or
the NFIP in general, we urge you to call the Director, Federal Insurance and Mitigation Division of FEMA
in Denver, Colorado, at (303) 235-4830.
If you have any questions concerning the Preliminary FIRM and FIS report, or mapping issues in general
or the enclosed Summary of Map Actions, please call our Map Assistance Center, toll free, at
1-877-FEMA MAP (1-877-336-2627).
Sincerely,
Mary Jean Pajak, P.E., Acting Chief
Hazard Study Branch
Federal Insurance and
Mitigation Administration
Enclosures
cc: Mr. Norman Wood
Town Engineer
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk Qom`
Date: May 7, 2003
Re: Eagle County Clerk & Recorder's Request for use of Avon Municipal Building as
Official Polling Location
Summary: Teak Simonton, Eagle County Clerk & Recorder, has made a request of the Town to
use the Municipal Building (Council Room) as an official polling location to serve precincts Nos. 15 &
19 for the November general election and in even-numbered years for the primary (August) &
general (November) election. She would prefer to have a long-term commitment allowing her to use
the location, however, she would also make the request annually if that were the case. There have
been discussions of using other locations such as the Recreation Center & the Avon Library.
Background: In the past, Avon Elementary has been the polling location for three precincts No.
15, 18 and 19. The School District has decided not to allow the school to continue serving as a
polling location due to conflicts that have occurred in holding classes in conjunction with a voting
location, i.e. parking concerns, congestion, disruption to the school in general. Teak Simonton has
decided to split the precincts since the three of them combined handles the largest number of voters
in the county. She is therefore looking for another location to handle Nos. 15 & 19. It should be
noted that Avon's voting population makes-up Precincts 15 and 19 in Eagle County.
Discussion: There have been discussions between the County and Avon Library Staff to use the
Avon Library as well as with the Town Manager to use either the Recreation Center or the Municipal
Building. Neither the Library nor the Recreation Center is considered ideal locations for numerous
reasons, such as parking, size of meeting room, other activities going on, etc.
The Municipal Building would be the best location since it has adequate parking and the separate
room would accommodate the needs without disrupting daily business. The only conflict that does
exist is that Planning & Zoning Commission, scheduled to meet on the first & third Tuesday's of
every month, would be meeting on the those Tuesdays. After reviewing the Charter and "Meeting"
requirement section under the P&Z Commission Review Procedures, Community Development
does not see a problem with moving this meeting to another location (i.e. the Avon Library) or
canceling the meeting altogether depending on workload.
It might be a more amicable arrangement if the Town served as the official polling location for only
the general election and then possibly the Avon Library would serve as the location during the
primary elections, since voter turnout is usually low & the demands on the facility are less. Her
request to have only one location for both the primary & general election is because it is easier for
the voter to have to remember only one official polling place. However, if that did not work for the
Town, she would arrange for another place to serve as the primary election location.
Financial Implications: There are no direct costs related to serving as an official polling location.
Recommendation: Staff recommends that the Council agree to allow the Eagle County Clerk &
Recorder's office to use the Avon Municipal Building as its official polling location for the general
elections only.
Alternatives: Council could choose not to support this location for use in the general or the primary
election. The Council could consider continuing discussions about using the Recreation Center. It
could be suggested that she redirect the discussions to the use of the Library or to possibly use a
private meeting room in one of the office buildings or hotels in Avon.
Town Manager Comments:
Avon Town Council / Memo: Polling Location Page 2 of 2
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MAY 13, 2003 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
a. Adam Swensen, Home Depot Opening
3. Ordinances
Public Hearing - Second Reading
a. Ordinance No. 03-07, Series of 2003, An Ordinance approving a PUD Amendment to
the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
First Reading
a. Ordinance No. 03-08, Series of 2003, An Ordinance Approving the Second
Amendment to the Annexation and Development Agreement for The Village (at
Avon)
b. Ordinance No. 03-09, Series of 2003, An Ordinance Amending Ordinance No. 83-20,
Series of 1983, Granting a Franchise to Public Service Company of Colorado.
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 April 22, 2003 Regular Council Meeting Minutes
b. "Bill of Sale" - Disc Golf Court Equipment
12. Adjournment
Avon Council Meeting.03.05.13
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Community Development
Date May 7, 2003
Re: Second Reading of Ordinance 03-07, An Ordinance Amending the Chapel
Square PUD for Lots 22, 22A, Tracts A, 131 & B2, Block 2, Benchmark at
Beaver Creek Subdivision
Public Hearing
Summary
The applicant, EXWMT LLC, a subsidiary of the Traer Creek LLC and the developers for
the Village at Avon, have submitted a PUD amendment for the purpose of creating facade
improvements for three (3) new tenants and expanding the existing Wal-Mart store (Tract
131) by 12,000 square feet. The additional square footage request arises as a result of
discrepancies that exist between the existing Chapel Square PUD and other related
documents. The additional square footage and adequate parking was contemplated in the
original approval for Chapel Square PUD.
In addition, the Annexation and Development Agreement for the Village at Avon and the
amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue
when the new Wal-Mart superstore is opened at the Village at Avon. Currently, Traer Creek
LLC is negotiating with three (3) potential tenants. The additional square footage and facade
improvements are important to maintaining economic vitality in East Avon and allowing the
creation of commercial space receptive to national anchor stores.
On April 15, 2003, Planning & Zoning unanimously approved Resolution 03-10
recommending approval of the PUD Amendment. There was some concern expressed by
the Commission as well as the applicant regarding the 90-day time requirement to obtain a
certificate of occupancy on the improvements. Staff has clarified the condition by modifying
it as follows:
Planning & Zoning Resolution 03-10 condition #2 stated:
°A Certificate of Occupancy must be issued for the additional square footage and fagade improvements
within the ninety (90) days from the date of issuance of the building permit."
Proposed condition #2 for Ordinance 03-07:
A Temporary Certificate of Occupancy must be issued for the additional square footage and fagade
improvements within the ninety (90) days from the date of issuance of the building permit and a
Memo to Town Council, May 7, 2003 Page 1 of 2
Ordinance 03-07, Chapel Square PUD Amendment
Certificate of Occupancy must issued for the additional square footage and fagade improvements within
the one-hundred and twenty (120) days from the date of issuance of the building permit.
Recommendations
On first reading, Council unanimously approved Ordinance 03-07. Staff recommends
approval of Ordinance 03-07 on second reading with the conditions as proposed.
Alternatives
1. Approve on Second Reading
2. Modify the terms of the Ordinance for approval
3. Deny
Proposed Motion
" I move to approve on second reading Ordinance 03-07, approving an Amendment to the
Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado. "
Town Manager Comments
IZ, 7
Attachments:
A. Ordinance 03-07
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 03-10
Memo to Town Council, May 7, 2003 Page 2 of 2
Ordinance 03-07, Chapel Square PUD Amendment
TOWN OF AVON
ORDINANCE NO. 03-07
SERIES OF 2003
AN ORDINANCE APPROVING A PUD AMENDMENT
TO THE CHAPEL SQUARE PUD FOR
LOTS 22, 22A, TRACTS A, B1 & B2, BLOCK 2, BENCHMARK
AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, EXWMT LLC has applied for a PUD Amendment for the purpose of
creating fagade improvements to accommodate three (3) tenants and an additional 12,000 square
feet of commercial square feet on the existing Wal-Mart building known as: Tract B1, Block 2,
Benchmark at Beaver Creek Subdivision; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on April 15, 2003, at which time the applicant and the public were given an opportunity
to express their opinions and present certain information and reports regarding the proposed
PUD Amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD Amendment to the Town Council of the
Town of Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2003, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
FACouncil\0rdinances\2003\0rd 03-07 PUD Amend Chapel square.doc
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. That the amendment is compatible with ensuring financial vitality in East Avon
and is consistent with the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado is approved with the following conditions:
1. A building permit must be issued for the fagade improvements and additional 12,000
square feet within thirty (30) days from the date Wal-Mart vacates the premises or the
Wal-Mart located at the Village at Avon opens for business to the public, whichever
occurs earlier.
2. A Temporary Certificate of Occupancy must be issued for the additional square
footage and fagade improvements within the ninety (90) days from the date of
issuance of the building permit and a Certificate of Occupancy must issued for the
additional square footage and facade improvements within the one-hundred and
twenty (120) days from the date of issuance of the building permit.
3. In the event a building permit is not issued for the facade improvements and
additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates
the premises or the Wal-Mart located at the Village at Avon opens for business to the
public, whichever occurs earlier, then this Chapel Square PUD Amendment shall
lapse and be void.
4. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2003, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of,
2003, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
F:\Council\0rdinances\2003\0rd 03-07 PUD Amend Chapel square.doc
Town of Avon, Colorado
ATTEST:
Toni-Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2003.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
L\Town Clerk\Council\Ordinances\2003\Ordinance No. 03-07 PUD Amend Chapel square.doc
Town C'.rnmcil
Staff Report
PUD
R
VON
C O L O R A D O
April 15, 2003 Planning & Zoning Commission meeting
Report date April 10, 2003
Project type PUD Amendment
Legal description Lots 22, 22A, Tract A, BI & B2, Block 2, BMBC
Chapel Square PUD
Current zoning PUD
Address 220 & 240 Chapel Square Place
Introduction
Traer Creek LLC, developers for the Village at Avon, are proposing a PUD Amendment to
increase the existing Wal-Mart by an additional 12,000 square feet and creating three (3) new
entrances on the facade to accommodate new tenants.
The additional square footage arises as a result of discrepancies that exist between the existing
Chapel Square PUD, parking agreements with the Town of Avon, and private lease agreements
for the Wal-Mart retail space with the appurtenant parking spaces. The existing Chapel Square
PUD reflects the addition of 9,390 square feet on the west end of the existing Wal-Mart, which is
incorporated as an attachment to Ordinance 02-10. Other documents reflect 12,000 square feet
of commercial space being added to the Wal-Mart.
In addition, the Annexation and Development Agreement for the Village at Avon and the
amendments thereto require Traer Creek LLC to compensate the Town for the lost revenue when
the new Wal-Mart superstore is opened at the Village at Avon. Currently, Traer Creek LLC is
negotiating with three (3) potential tenants. The additional square footage and fagade
improvements are imperative to maintaining economic vitality in East Avon and allowing the
creation of commercial space receptive to national anchor stores.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria. or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprebensive Plan's Goals and Objectives.
Policy A1.3 Flexible zoning sucb as PUD developments is encouraged, specifically wben
it results in more effective use of land and provides a benefit to the community and is
compatible ivitb surrounding development.
1 own of Avon Community Development (970) 748-4030 fax (970) 949-5749
Lots 22, 22A, Tract A, B 1 & B2, Block 2, BMBC Subdivision, Chapel Square PUD Amendment
April 15, 2003 Planning & Zoning Commission meeting Page 2 of 4
This PUD Amendment clearly is an effective use of land for East Avon and ensures an
opportunity of providing active retail space as the Village At Avon commences retail sales.
The additional square footage along with the facade improvements will enhance the
aesthetics of the community while maintaining economic vitality.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The design of the new facade for the three additional tenants is in conformance with Chapel
Square and East Avon.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The character of the improvements, design, scale and character are compatible with the
existing environment and should enhance the overall aesthetics in East Avon.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
Creating three new tenant spaces to accommodate national tenants with new facade
improvements provide a compatible functional relationship to the Town and its current
development progress.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no geologic or natural hazards created with this application.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The overall site plan appears to function well with the exception of maintaining a consistent
sidewalk width on the northwest corner to accommodate effective pedestrian movement.
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The site access may require minimal revision on the northwest corner; otherwise, the traffic
circulation works well with the Town Transportation Plan.
8. Functional aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
The new facade features improve pedestrian movement by the creation of arched openings at
each new store entrance with appropriate plantings, which are functional and aesthetically
appropri ate.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
Town of Avon Community Development (970) 748-4039 Fax (970) 949-5749
Lots 22, 22A, Tract A, B 1 & B2, Block 2, BMBC Subdivision, Chapel Square PUD Amendment
April 15, 2003 Planning & Zoning Commission meeting Page 3 of 4
There is no phasing proposed with this application. All improvements will be completed at
the same time.
10. Adequacy of public.services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
There are adequate services in place.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Since the additional space has been contemplated for several years, there are adequate streets
and roads suitable for the application.
12. Development Standards
The only development standard being sought for modification is the square footage limitation
on Tract B-1, the existing Wal-Mart store.
Staff Recommendation
As a result of the Wal-Mart superstore opening at the Village at Avon and the potential for
vacant retail space in East Avon; staff recommends approval of the Chapel Square PUD
Amendment with the following conditions:
A building permit must be issued for the facade improvements and additional 12,000
square feet within thirty (30) days from the date Wal-Mart vacates the premises or the
Wal-Mart located at the Village at Avon opens for business to the public, whichever
occurs earlier.
2. A Certificate of Occupancy must be issued for the additional square footage and
facade improvements within the ninety (90) days from the date of issuance of the
building permit.
In the event a building permit is not issued for the facade improvements. and
additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates
the premises or the Wal-Mart located at the Village at Avon opens for business to the
public, whichever occurs earlier, then this Chapel Square PUD Amendment shall
lapse and be void.
Recommended Motion
Approve Resolution 03-10, recommending to the Town Council approval of the Chapel
Square PUD Amendment, Town of Avon, Eagle County, Colorado with the following
conditions:
A building permit must be issued for the facade improvements and additional 12,000
square feet within thirty (30) days from the date Wal-Mart vacates the premises or the
`,Val-Mart located at the Village at Avon opens for business to the public, whichever
occurs earlier.
2. A Certificate of Occupancy must be issued for the additional square footage and
facade improvements within the ninety (90) days from the date of issuance of the
building permit.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lots 22, 22A, Tract A, B I & B2, Block 2, BMBC Subdivision, Chapel Square PUD Amendment
April 15, 2003 Planning & Zoning Commission meeting Page 4 of 4
3. n the event a building pen-nit is not issued for the fagade improvements and
z!dditional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates
the premises or the Wal-Mart located at the Village at Avon opens for business to the
public, whichever occurs earlier, then this Chapel Square PUD Amendment shall
lapse and be void.
4. Except as otherwise modified by this permit approval, all material representations
iiiade by the applicant or applicant representative(s) in this application and in public
bearing(s) shall be adhered to and considered binding conditions of approval.
If you li?ive any questions regarding this project or any planning matter, please call me at
748-40 0, or stop by the Community Development Department.
Respectful] sub itted,
uth Berne, Director
Community Development
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-10
SERIES OF 2002
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF
AVON APPROVAL OF A PUD AMENDMENT TO THE CHAPEL SQUARE PUD FOR
LOTS 22,22A, TRACTS A, BI & B2, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, has applied for an amendment to Lots 22, 22A, Tract A, B1
& B2, Block 2, Benchmark at Beaver Creek Subdivision, to amend the Chapel Square
PUD for facade improvements and the addition of 12,000 square feet of commercial
space; and
WHEREAS, after notices required by law, a public hearing on said application was-held by
the Planning & Zoning Commission of the Town of Avon; and
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby
recommends to the Town Council of the Town of Avon approval of the application for
PUD Amendment for Lot 22, 22A, Tract A, B1, & B2, Block 2, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado with the following
conditions:
A building permit must be issued for the facade improvements and additional 12,000
square feet within thirty (30) days from the date Wal-Mart vacates the premises or the
Wal-Mart located at the Village at Avon opens for business to the public, whichever
occurs earlier.
2. A Certificate of Occupancy must be issued for the additional square footage and
facade improvements within the ninety (90) days from the date of issuance of the
building permit.
3. In the event a building permit is not issued for the facade improvements and
additional 12,000 square feet within thirty (30) days from the date Wal-Mart vacates
the premises or the Wal-Mart located at the Village at Avon opens for business to the
public, whichever occurs earlier, then this Chapel Square PUD Amendment shall
lapse and be void.
4. Except as otherwise modified by this permit approval, all material representations
made by the applicant or applicant representative(s) in this application and in public
hearing(s) shall be adhered to and considered binding conditions of approval.
ADOPTED THIS 15`x' DAY OF APRIL, 2003
Signed:
Date:
Chris Evans, Chairman
Attest:
/''I ?? Date: /S 4:1 o3
Michael McClinton, Secretary
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo
Date: May 8, 2003
Re: Ordinance to Extend Gas Franchise
Summary:
An ordinance to extend for one year the Town's gas franchise agreement with Xcel Energy
(formerly Public Service Co.) will be presented for 1St reading this Tuesday.
The Town's current gas franchise agreement expires May 24t". The original franchise was
adopted in 1983. There have been a number of changes in the industry, including partial
deregulation, over the past twenty years. The one-year extension will give Town staff and
Xcel an opportunity to thoroughly review the provisions within the current agreement and
begin negotiations for a new franchise agreement. In addition, the Colorado Municipal
League has been working with Xcel to create a model franchise agreement that could be used
by Colorado municipalities.
Recommendation:
I recommend that the Council adopt on first reading the above referenced ordinance.
Town Manager Comments:
ems" ,
Page 1
TOWN OF AVON, COLORADO
ORDINANCE NO. 03-09
SERIES OF 2003
AN ORDINANCE AMENDING ORDINANCE NO. 83-20,
SERIES OF 1983, GRANTING A FRANCHISE TO PUBLIC
SERVICE COMPANY OF COLORADO
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Section 3 of Article VI of Ordinance No. 83-20, Series of 1983, is
amended to provide as follows:
"Section 3. Term-Effective Date. This ordinance shall be in full force and effect
from and after its passage, approval and publication, as required by law, and the terms,
conditions and covenants hereof shall remain in full force and effect through May 31, 2004."
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of May, 2003, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 27th day of May, 2003, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 27th day of May, 2003.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer,,,"G?v
Ruth Borne, Director of Community Development
Date: May 8, 2003
Re: Ordinance No. 03-08, An Ordinance Approving the Second Amendment to the
Annexation and Development Agreement for The Village (at Avon) - First
Reading
Summary: Ordinance No. 03-08 Approves the Second Amendment to the
Annexation and Development Agreement for The Village (at Avon). The First Amendment
to the Annexation and Development Agreement was approved November 13, 2001.
The Second Amendment changes the Highway 6 Exaction requirement and replaces it with a
Highway 6 Trail Exaction requirement. The Highway 6 Exaction required participation in the
cost of constructing roundabouts at the intersections of Stone Creek Drive and Highway 6 and
at Eagle Road and Highway 6. The maximum participation required was $250,000 per
roundabout. The Highway 6 Trail Exaction is for participation up to $200,000 toward the
design and construction costs for sections of a proposed pedestrian trail system along Highway
6. The Highway 6 Trail Exaction is proposed in conjunction with an Intergovernmental
Agreement Between the County of Eagle, State of Colorado and Traer Creek Metropolitan
District and Eagle-Vail Metropolitan District for the Construction of Pedestrian Trail
Improvements Along Highway 6.
The Highway 6 Exaction was included in the original Annexation and Development
Agreement to address concerns expressed by Eagle-Vail residents regarding anticipated traffic
problems on Highway 6. The Highway 6 Trail Exaction requires modification of the
Annexation and Development Agreement to address current concerns expressed by Eagle-Vail
residents through their Metropolitan District Board and the Eagle County Commissioners
regarding construction of sections of pedestrian trail along Highway 6.
C\Engineenng\Avon Village\1.0 General\1.2 Agreerrents\Dev Ad nt-2nd Amidmnt\Ordinance No 03-08 Memo-1.Doc
We recommend First Reading approval of Ordinance No. 03-08, Approving The Second
Amendment to the Annexation and Development Agreement for The Village (at Avon).
Recommendation: Approve on First Reading, Ordinance No. 03-08,
Approving the Second Amendment to the Annexation and Development Agreement for The
Village (at Avon).
Proposed Motion: I move to approve Ordinance No. 03-08, An
Ordinance Approving the Second Amendment to the Annexation and Development
Agreement for The Village (at Avon) on First Reading.
Town Manager Comments:
0 Page 2
TOWN OF AVON
ORDINANCE NO. 03-08
SERIES OF 2003
AN ORDINANCE APPROVING THE SECOND AMENDMENT (THE "SECOND
AMENDMENT") TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE
VILLAGE (AT AVON)
WHEREAS, the Town of Avon (the "Town") and Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado (the "District"),
and Traer Creek LLC, a Colorado limited liability company, EMD Limited Liability Company, a
Colorado limited liability company (collectively, the "Owner), have negotiated the terms and
conditions of the Second Amendment, which is attached hereto as Exhibit "A" and incorporated
herein; and
WHEREAS, the Town has timely posted notice of the dates and times of the meetings at
which the Town Council considered the Second Amendment; and
WHEREAS, the proposed full text of this Ordinance was duly published by posting in the
office of the Town Clerk and in three (3) additional public places within the Town, and said
publication also set forth the date and time of the public hearing at which the Town Council
considered the Second Amendment; and
WHEREAS, an Intergovernmental Agreement Between the County of Eagle, State of
Colorado and Traer Creek Metropolitan District and Eagle Vail Metropolitan District for the
Construction of Pedestrian Trail Improvements Along Highway 6 dated April 22, 2003 (attached
hereto as Exhibit `B) requires modification of the terms and conditions of the Highway 6 trail
exaction; and
WHEREAS, approval of the Second Amendment is in the best interest of the public
health, safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held a public hearing concerning the Second
Amendment, and by this Ordinance sets forth its findings and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS AND
CONCLUSIONS:
1. The Second Amendment complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68 of
Title 24, C.R.S.
2. All notices required for the public hearing at which the Town Council considered
the Second Amendment were properly and timely published, posted or mailed in
accordance with all applicable laws and regulations of the State of Colorado and
the Town.
3. The public hearing held on the Second Amendment was conducted in accordance
with all applicable laws and regulations of the State of Colorado and the Town.
4. The Town has authority to enter into the Second Amendment pursuant to
Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14.100
of the Avon Municipal Code.
5. Pursuant to Section 24-68-103(1), C.R.S., approval of the Second Amendment
will not restrict, impair, enlarge, or otherwise modify either the term or the scope
of the vested property rights associated with the Development Agreement.
6. The Town's approval of and entering into the Second Amendment is in the best
interests of the public health, safety and general welfare of the people of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO,
A. The Second Amendment is hereby approved, and the Town shall enter into
it and perform its obligations.
B. The Mayor of the Town is hereby directed to sign the Second Amendment
on behalf of the Town.
C. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk is hereby authorized and directed to publish
the full text of this Ordinance in a newspaper of general circulation within
the Town.
The effective date of this Ordinance shall be seven (7) days after publication of the notice
described in Section C above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PUBLISHED this 13th day of May, 2003, and a public hearing on this Ordinance shall be held
at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 27th day of
May, 2003, at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon,
Colorado.
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Mayor
2
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS 27th DAY OF May, 2003.
Town of Avon, Colorado
Town Council
ATTEST:
Patty McKenny, Town Clerk
Albert D. Reynolds, Mayor
APPROVED AS TO FORM:
Town Attorney
576178.1
EXHIBIT A
SECOND AMENDMENT
TO ANNEXATION AND DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (this "Second Amendment") is made as of , 2003, by and
between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), and the
TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. Traer and EMD (collectively, "Owner") and the Town have previously executed
that certain First Amendment to Annexation and Development Agreement dated as of November
13, 2001, and recorded in the Eagle County, Colorado, real property records at Reception
No. 779049 on December 10, 2001 (the "First Amendment"), which First Amendment
amended that certain Annexation and Development Agreement dated as of October 13, 1998,
and recorded in the Eagle County, Colorado, real property records at Reception No. 677743 on
November 25, 1998 (the "Original Agreement"). The Original Agreement, as so amended, is
referred to in this Second Amendment as the "Agreement."
B. The Agreement pertains to certain real property generally known as The Village
(at Avon), and more particularly described in Exhibit A attached to the Agreement (the
"Property").
C. Section 1.4 of the Agreement provides, inter alia, that amendments to the
Agreement must be effected in a writing signed by the Town and Owner. Section 1.4 of the
Agreement further provides that the term "Owner" for purposes of amending the Agreement
means "only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment." As more particularly set forth in Recital B of the First Amendment, EMD (with
respect to Planning Area M) and Traer (with respect to the remainder of the Property) constitute
Owner for purposes of amending the Agreement.
D. Subsequent to execution of the Agreement, portions of the Property have been
subdivided as more particularly described in the Final Plat, The Village (at Avon) Filing 1,
recorded i n t he E agle C ounty, C olorado, real p roperty records o n M ay 8, 2 002, a t R eception
No. 795007 ("Filing 1"), and the Final Plat, The Village (at Avon) Filing 2, recorded in the
Eagle County, Colorado, real property records on May 29, 2002, at Reception No. 796831
("Filing 2"). Additionally, certain portions of the Property have been conveyed to other entities
and individuals so that the current owners of the Property as of the date of this Second
569662.4 MLAYER 05/8/03 11:24 AM
Amendment are: EMD; Traer Creek Metropolitan District, a quasi-municipal corporation and
political subdivision of the State of Colorado (the "District"); Traer Creek-WMT LLC; Traer
Creek-HD LLC; Traer Creek-RP LLC; Buffalo Ridge Affordable Housing Corporation; Buffalo
Ridge II LLLP; Eric Applegate; Shane Bohart; Mark Evans; Ray Pittman; and William J. Post,
as their respective interests appear of record.
E. Each of the conveyances referred to in Recital D above was made subject to the
terms and conditions of the Agreement, including, without limitation, Section 1.4 of the
Agreement. None of the conveyances referred to in Recital D above were accompanied by a
specific written grant of the power to amend the Agreement as provided in Section 1.4 of the
Agreement. Accordingly, with the exception of the Town, EMD and Traer, no owner of any real
property constituting the Property or other person or entity has been granted any power to amend
the Agreement. As provided in Section 1.4 of the Agreement, no person or entity other than the
Town, EMD and Traer is required to execute or acknowledge an amendment to the Agreement as
a condition of such amendment being effective and binding on all parties to the Agreement and
all owners of real property constituting the Property.
F. The District, while not an Owner for purposes of amending the Agreement, has
expressly assumed and undertaken the performance of certain obligations of the Owner under the
Agreement, as more particularly set forth in the First Amendment.
G. The District, the County of Eagle (the "County"), and Eagle-Vail Metropolitan
District ("EVMD") have executed a letter of understanding dated October 22, 2002, which
contemplates that the District, the County, and EVMD will cooperate in the financing and
construction of certain pedestrian trail system improvements on portions of Highway 6 that abut
or are in the immediate vicinity of the Property. The undertakings described in the letter of
intent are expressly conditioned on, inter alia, the Town's agreement that Owner and the District
be relieved from any further obligation under the Agreement with respect to the Highway 6
Exaction (as defined in the Original Agreement) in consideration of the District undertaking the
obligations contemplated by the letter of intent. In order to facilitate the foregoing, the Town
and Owner desire to modify certain terms and conditions of the Agreement relating to the
Highway 6 Exaction, as set forth in this Second Amendment, and the District wishes to
acknowledge and affirm its agreement to perform the obligations described in the letter of intent,
pursuant to and as more particularly set forth in this Second Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements of the Town and Owner, as more particularly set forth herein, and in
consideration of other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the Town and Owner covenant and agree as follows:
1. Defined Terms. Unless otherwise defined in this Second Amendment, capitalized
terms used herein shall have the meanings ascribed to them in the Agreement.
569662.4 MLAYER 05/8/03 11:24 AM 2
2. Amendments. The Agreement is hereby modified as follows:
(a) Section 1.1.19 is amended and restated to read in its entirety as follows:
Highway 6 Trail Exaction: As defined in Section 4.3(g).
(b) Section 4.3(g) is amended and restated to read in its entirety as follows:
(g) Subject to all required rights-of-way, easements, permits,
and approvals having been obtained, and further subject to the County of Eagle and
Eagle-Vail Metropolitan District having appropriated the requisite funds to finance their
respective portions thereof in the manner described below, the District will contribute the
lesser of (i) 40% of the design and construction costs, or (ii) $200,000 (the "Highway 6
Trail Exaction"), toward the construction of segments 1 through 3, inclusive, of a
proposed pedestrian trail system on Highway 6 anticipated to be designed over the winter
of 2003 and constructed in the summer or fall of 2003. The County of Eagle will
administer design and construction related activities for the improvements to be
constructed in connection with the Highway 6 Trail Exaction. Funding, and the location,
specifications, and other agreements with respect to the design, construction and funding
of the Highway 6 pedestrian trail improvements are more fully set forth in that certain
Intergovernmental Agreement for Pedestrian Trail dated as of April 22, 2003, by and
between the County of Eagle, Eagle-Vail Metropolitan District, and the District.
(c) Section 4.3(h) is amended and restated to read in its entirety as follows:
(h) Except for the East Avon Exaction, the Chapel Place
Exaction, the Swift Gulch Road Improvements, the Public Works
Dedication, the East Beaver Creek Boulevard Improvements, the School
Site Dedication and the Highway 6 Trail Exaction, neither Owner, the
Public Improvement Company nor the District shall be required to pay or
provide for any exactions, dedications or the like for any development or
subdivision approvals relating to the Project, except as may be otherwise
specifically set forth in the PUD Guide. The expenses and fees described
in subsection 4.3(e) shall be the only amount required to be paid by
Owner, t he P ublic Improvement C ompany and the D istrict t o t he T own
(other than the East Avon Exaction, the Chapel Place Exaction, the Swift
Gulch Road Improvements, the Public Works Dedication, the East Beaver
Creek Boulevard Improvements, the School Site Dedication and the
Highway 6 Trail Exaction) in connection with the Town's effectuating the
Final Approval.
3. Effect of Amendment. Except as expressly modified by this Second Amendment,
the Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force
and effect in accordance with its terms. If there is any inconsistency between the terms of the
Agreement and the terms of this Second Amendment, the provisions of this Second Amendment
shall govern and control.
569662.4 MLAYER 05/8/03 11:24 AM 3
4. Governing Law. This Second Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
5. Counterparts. This Second Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, and all such counterparts taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Town and Owner have executed this Second
Amendment as of the day and year first set forth above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:_
Name:
Title:
Magnus Lindholm
Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
By: _
Name:
Title:
Magnus Lindholm
President
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name:
Title: Mayor
569662.4 MLAYER 05/8/03 11:24 AM 4
Approved as to legal form by:
Name:
Title: Town Attorney
AND IN WITNESS WHEREOF, the District hereby acknowledges and agrees to
perform its obligations as set forth in this Second Amendment.
THE DISTRICT:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By:
Name: Shane Bohart
Title: President
ATTEST:
By:
Name:
Title: Secretary
569662.4 MLAYER 0518/03 11:24 AM 5
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 200_, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
200 by Magnus Lindholm, as President of LAVA Corporation, a
Colorado corporation, as Manager of EMD Limited Liability Company, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 200_, by as Mayor of the
Town of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
569662.4 MLAYER 05/8/03 1 1:24 AM 6
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 200_, by Shane Bohart as President of Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
569662.4 MLAYER 05/8/03 11:24 AM 7
SENT BY:OTTEN JOHNSON ROBINSON; 5- 7- 3 ; 2:29PM OTTEN JOHNSON- t9707484078;# d/ 0
. ,ua_ myt_ a_1xn. , Mc Goaidy S l sneros, Pe Trish flNgOo d-1,3039256525 218
07
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STA'L'E OF COLORADO ?t35.V?U g
AND Sic
?, u<
TRAER CREEK METROPOLITAN DISTRICT
AND
EAGLE-VAIL METROPOLITAN DISTRICT
FOR THE CONSTRUCTION OF PEDESTRIAN TRAIL IMPROVEMENTS
ALONG HIGHWAY 6
This Intergovernmental Agreement is rttade and entered into this,_ day off'[' :.
2003, by and between the County of Fugle, State of Colorado, a body co Wave ' -
and politic, by and through its Board of County Commissioners (hereinafter "County") and Traetr
Creek Metropolitan District, a Colorado Special District, acting by and through its Board of
Directors (he.reinafler '-17raer Creek") and Eagle-Vail Metropolitan District, a Colorado Special
District, acting by and through its Board of Directors (hereinafter "Eagle-Vail"). Collectively these
entities are also referred to as the "Parties,"
WHEREAS, the Constitution and laws of the State of Colorado permit and encourage Incal
governmental entities to cooperate with each other to make the most efficient and effective use of
their powers and responsibilities; and
WHEREAS, the PartieS enter into this Agreement under the authority of local governments
of the State of Colorado to contract with one another. C_R.S. § 29-1-201, et seq., A.niclc XIV,
Section 18 of the Colorado Constitution; and
WHEREAS, the Parties to this Agreement desire to share the costs for the cunstruction of
a pedestrian trail system on Highway 6 (hereinafter the: "Trail Improvements") which will benefit
the residents and taxpayers of each of the Parties to this Agreement; and
WHEREAS, the Trail Improvements are defined as the engineering design, surveying, and
construction of, including all necessary permits and approvals, a pedestrian path approximately one
(1) imic in length. This path shall be constructed along State Highway 6 from its intersection with
Eagle Vail Road (approximate Milepost 171) cast to the terminus to be located approximately at the
"mini Eisenhower" golf cart tunnel under Stare Highway 6; and
WHEREAS, it is understood and agreed by the Parties that the anticipated costs of
construction of the Trail Improvements shall be allocated as follows-- 40% Traer Creek; 35% Eagle-
Vail; and 25% the County; and
WHEREAS, the total maximum projected cost ror the construction of the Trail
Improvements is $500,000; and
WHEREAS, the Parties acknowledge that all Panics' participation in the Trail
Improvements ix conditioned upon the receipt of the Town of Avon's agreement that neither Traer
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T _ rZIyr-4_iMb_3 MCGcndy slsnero4, Pc rrlsh t)s901)(1-?30-38256525 3!8
Creek nor any other party to the Annexation Agreement (as described in Paragraph 5) shall be
obligated Lo provide funding forthe construction of Future Roundabouts (as described in Paragraph
5) and upon receipt of 13NP Paribas' consent to the amendment of the Annexation Agreement.
AGREElvI h:NT
NOW, THEREFORE, for and in consideration of the mutual promises and other
consideration containcd herein, the adequacy of which is hereby acknowledged, the Parties agree
as follows:
1. DESCRIPTION OF TRAIL IMPROVEMENTS. The Trail Improvements are defined
as the enginearing design, surveying, and construction of, including all necessary permits and
approvals, a pedestrian path approximately one (1) mile in length- This path shall be constructed
along State Highway 6 from its intersection with Eagle Vail Road (approximate Milepost 171) Bust
to the terminus to be locaeed approximately at the "mini Eisenhower" golf can tunnel under State
Highway 6. The portion of the Trail Improvements which begins at Stone Creek and tuns east to
the "mini Eisenhower" golfcart tunnel will be designed and constructed on the south side of State
Highway 6. The Parties have determined that the Trail Improvements will benefit the residents and
taxpayers of each entity which is a party to this Agreement and that it would be beneficial For the
Trail Improvements to be designed during the winter of 2002-2003 and constructed during the
summer ol'200:3. The- costs of the design and construction of the Trail Improvements shall be shared
by the Parties to this Agreement as set forth in Paragraph 2.
2. COST SHARING. It is understood anti agreed by the Parties that the costs of
construction of the Trail Improvements shall be allocated as follows, 40% Traer Creek; 35% Eagle-
Vail; and 25% the County. It is further understood that County will contribute the engineering,
design, surveying, and construction management of the Trail Improvements in addition to its 25%
cash contribution to the construction of the Trail Improvements. The total Maximum projected cost
for the construction of the Trail Improvements is $500,000- Based upon the total maximum
projected costs, each party's total maximum financial commitment shall be as follows: Truer Crock
contributes $200,000; Eagle-Vail contributes $175,000; and the County contributes $125,000. The
Parties agree that the maximum obligation of Tracr Creek, Eagle-Vail and the County are the
amounts scat forth aboyc and that such Parties shall not be deemed to owe their percentage for an
amount greater than the anticipzted total project cost of $500,000, unless an alternative agrec.nent
is entered into in writing by the Parties- In the event that the total costs are less than $500,000, each
party's share shall be reduced based on the percentage allocation set forth above.
3. APPROPRIATION OF FUNDS. In order to allow for construction of the Trail
Improvements to occur in 2003, the Pasties agree as follows:
A. County shall appropriate, upon approval by the Board ofCounty Commissioners,
5500,000 for this project to be funded in March. 2003. County's maximum
obligation to the construction of the path is $125,000, however County will enter into
a construction contract and shall guarantee the total amount of this contract with the
2
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understanding that Traer Creek and Eagle-Vail shall appropriate and deliver to
County their agreed upon Contributions as set forth herein;
B. Traer Creek, shall appropriate, upon approval of its Board of Directors, $200,000
for this project, which will include 54,000 for its attorney's fees. The amount of
$196,000 will he funded and remitted to the County in late September, 2003, subject
to the satisfaction of the conditions set forth in Paragraph 5;
C: Eagle-Vail shall appropriate, upon approval of its Board of Directors, $175,000
to be funded in late Sep ember, 2003, subject to the satisfaction of the conditions set
forth in Paragraph 5,
4. FUNDING OF THE PROJECT, The County, Traer Creek and Eagle-Vail each
individually represents and warrants to the other parties that upon approval of its Board and at the
time specified above, it will appropriate ana deliver to County to be pieced in a segregated or
designated account or subaceount ("funding Account") sufficient funds to meet its financial
obligations hereunder.
5. ANNEXATION AGREEMENT. The Parties to this Agreement acknowledge that
pursuant to that certain Annexation and Development Agreement dated 1998, and subsequently
Mended, among the Town of Avon, Traer Creek and certain private parties (hereinafter the
"Annexation Agreement"), Traer Creek is obligated to cooperate with Eagle-Vail or some other
appropriate entity in the construction of two (2) roundabouts at the intersection of Stone Creek Drive
and Highway 6 and at the intersection of Eagle Road and Highway 6 (hereinafter "Future
Roundabouts") up to a maximum of $250,000 per roundabout. The Parties acknowledge that all
Parties' participation in the Trail Improvements is conditioned upon the receipt of the Town of
Avon's agreement that neither Traer Creek nor any other party to the Annexation Agreement shall
be obligated to provide funding for the Future Roundabouts and upon receipt of the consent of BNP
Paribas to this amendment of the Annexation Agreement.
6. ADMINISTRATION OF PROJECT. The County shall administer any design and
construction related activities pertaining to the project in a diligent, good, workmanlike and timely
manner. The County shall prepare a construction budget and construction schedule for the project
and submit it to Traer Creek and Eagle-Vail prior to construction. It shall submit to Traer Creek and
Eagle-Vail written monthly status reports and be available to meet monthly (if needed) to report and
answer questions regarding the status of the construction budget and the construction schedule. All
Parties to this Agreement shall have an opportunity to review and provide input oil the design and
plans for the Trail Improvements. Such input shall be provided within thirty (30) days of receipt ul
the design and/or places.
7. FINAL RECONCILIATION. Within thirty (30) days of "SubrItarItial Completion-
(defined hereiie as flit; date upon which the County determines that the Trail Improvements are
substantially complete) of the Trail Improvements, the County shall prepare and present to Traer
Creek and Eagle-Vail a final reconciliation ("Final Reconciliation") setting forth the project costs
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and expenditures. If upon Substantial Completion excess money is available in the Funding
Account, the County shall, within thirty (30) days of Substantial Completion, remit payment to all
parties based on each party's pcrcentage allocation of costs set forth in Section 2 herein.
8. STATUS AFTER COMPLETION. i..Ipon Substantial Completion the County shall own
the Trail Improvements. Maintenance of the Trail Improvements will be funded pursuant to future
arrangements between the County and Eagle-Vail. Traer Creek will have no maintenance
responsibilities for the Trail Improvements, nor will Traer Creek own the Trail Improvements.
9. ASSIGNABILITY. This Agreement may not be assigned or delegated without the prior
written consent of the panics.
Ill. RELATIONSHIP OF TILE PARTIES. By executing this Agreement, no patty shall
be deemed to assume any liability for intentional or negligent acts, errors, or omistiions of another
party or any otlicer or employee tliereof No agent, employee or volunteer of any party hereto shall
be deemed an agent, employee or volunteer o Fany other parry under this Agreement. Nothing herein
is intended to or waives >iny party's immunities at law, including provisions of the Governmental
Immunity Act.
1.1. NO 'T'HIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to
create or grant to any third patty or person any right or claim for damages or the right to bring or
maintain any action at law, nor does any party waive its immunities at law, including immunity
granted under the Colorado Governmental Immunity Act.
12. NONWAIVER OF RIGHTS. No waiver of default by the Parties of any ofthe terms,
covenants, and conditions hereof to be performed, kept and observed by the other Parties sha21 be
construed, or shall operate as a waiver of any subsequent default of any of the terms, covenants, or
conditions herein contained, to be performed, kept and observed by the other Parties.
13. SEVERABILIT'Y. It is understood and agreed by and between the Parties that if any
covenant, condition or provision contained in this Agreement is held to be invalid by any court of
competent jurisdiction, or otherwise appears to be invalid, such invalidiryshall not affect the validity
of ai,y other covenant, condition or provision herein contained; provided however, thatthe invalidity
of any such covennnt, condition or provision does not materially prejudice any of the Parties in their
respective rights and obligations contained in the remaining valid covenants, conditions and
provisions of this Agreement.
14. INTEGRATION. This Agreement is intended as the complete integration of all
understandings between the Parties and constitutes the entire Agreement between the Parties hereto.
No prior or contemporaneous addition, deletion or other amendment shall have any force of effect,
unless embodied herein in writing.
4
Received 05-07-03 10:57 From-303,592.4305.3 To-OTTEN JOHNSON ROBINS page 005
I J , G • JUt-IMl I V I IGIN JVIIIVJUIV? ty707484078;# 7/ 9
•.,,,.,._„c..?.,,,-3 ..s Mrcicarty Sisnerm, Pr: I'Plah os800111-1-3038256525 6/9
15. MODIFICATION, Modification or waiver of this Agreement or of any covenant,
condition, or provision herein contained Shall not be valid unless in writing and duly executed by
the Parties herein.
16, C"TIONS. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the text urthis Agreement
exists, the text shall control.
17. INDEMNIFICATION. To the extent allowable by state law, the Parties agree that each
shall indemnify the other, their officers, employees and agents from and against any claims,
damages, losses or expenses which are the result of negligent acts or omissions oFtheirrespective
officers, employees or agents in connection with this Agreement.
IS. GOVERNING LAW AND 31JRISDICTION. This Agreement and all disputes arising
hereunder shall be governed by the internal laws of the State of Colorado and the Parties agree that
venue and jurisdiction over any claim arising from this Agreement shall lie in the courts of the Fifth
Judicial District of Colorado. In the event of litigation, the prevailing party shall be entitled to its
attorney's fees and costs.
19. APPROPRIATION LIMITATION. The Parties hereto agree that this Agreement is
contingent upon all funds necessary For the performance of this Agreement being budgeted,
aPPmPriatbd and otherwise made available at the times set forth in Paragraph 3. It is expressly
understood that any financial obligations that may arise hereunder, whether direct or contingent,
shall only extend to payrnent of monies duly and lawfully appropriated by the governing body of
each of the Parties. Should any of the Parties tail (t) undertake the project because necessary Funds
have not been budgeted or duly appropriated, this Agreement may be terminated by any of the
Parties to this Agreement. Notwithstanding anything to the contrary contained in this Agreement,
County shall have no obligatioru under this Agreement, nor shall any payment be made in respect
of any period after any December 31 of each calendar year during the term of this Agreement,
without an appropriation therelbre by County in accordance with a budget adopted by the Board of
County Commissioners in compliance with applicable provisions of law.
20. NOTICE. Any written notice required by this Agreement shall be deemed delivered
on the happening n!'any of the Following: (1) hand delivery to the person at the address below; (2)
delivery by facsimile with confrrrnarion of receipt to the fax nurnber below; or (3) within duce (3)
days of being sent certified first class mail, postage prepaid, return receipt requested addressed as
follows:
(1) Lagle County
Eagle County Attomey
P.O. Box 850
Eagle, Colorado 81631
Fax: (970) 328-8699
Phone: (970) 328_8685
5
Recemlved 05-07-03 10:57 From-303.582.d395.3
To-OTTEN JOHNSON ROBINS Pate 006
SENT BY:OTTEN JOHNSON ROBINSON; 3- 7- 3 ; 2:31PM ; OTTEN JOHNSON- t9707484078;# 8/ 9
r _ - ¦ .n,a_ovf.4.12%.3 - -1 McGnndy Slgncrns, Pc Trism Osgood-+30392.5652.5 7/8
and
(2) Traer Creek Metropolitan DiNLrict
Board of Directors
Traer Creek Metropolitan District
141 Union Boulevard, Suite ISO
Lakewood, Colorado 80228
Fax: (970) 748-8900
Phone: (970) 949-6776
and
(3) Eagle-Vail Metropolitan Disrrict
Board of Directors
Eaglc- Vail Metropolitan District
P.O. Box 5660
Avon, Colorado 81620
Fax: (970) 949-5400
Phone: (970) 949-0520
All Parties shall have the right, by giving written notice to the orhers, to change the address at which
its notices are to be received.
6
Received 05-07-03 10:57 From-303.592,4305.3 To-OTTEN JOHNSON ROBINS Pale any
SENT BY:OTTEN JOHNSON ROBINSON; 5- 7- 3 ; 2:31PM ; OTTEN JOHNSON- +9707484078;# 9/ 9
McGcady SIsneros, PC Trish t1Sgn(NI-?30?R256S25 R/R
,JN WITNESS WHERE OF, the Parties hereto have affixed their signatures thins,, Ay
of Z _r ? , 2003.
AT'T'EST: 8
C erk to the Board of ' ?'
County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and/Through its
BOARD OF COUNTY r_ommi.gr4w vt:uol
By:
ATTEST:
AT-I'EST:
Received 05-07-D3 10:57 From-303.592.4305,3
TRAF.R CREEK METROPOLITAN DISTRICT
By:
EAGLE -VAIL METROPOLITAN DISTRICT
By:
7
To-OTTEN .IOIINSnN ROBINS Paae 008
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 22, 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 Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. 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
Shane Bohart, Traer Creek Metro District, was present to inform the Council and community
about the opening date of Home Depot. They are targeting a May 15th grand opening date. He
noted that traffic would be directed to the store through East Avon on East Beaver Creek Blvd.
Signage would be installed to provide directional information. Some information booths would
be installed along the way as well.
Larry Kilstrom, owner of Vail Valley Trading & Loan, was present to comment on such issues as
the opening of the big box stores, transit services to the Village at Avon, signage issues and
Eagle County funding issues. Town Manager Larry Brooks noted that staff would post
directional signage that would hopefully tie Avon and the Village together. The monument sign
donated by Lindholm will be installed shortly after the opening.
Chris Pardee, Wildridge resident, thanked the Council for their decision to fund the Vail
Recreation District programs that would allow Avon residents the in-district rates. Councilor
Wolfe noted that this would serve as an opportunity for Vail & Avon to meet to discuss how rates
between the districts might be addressed in the future.
Ordinances
At this time, Councilor Sipes informed the Council that he would step down from the discussion
and any action on this topic due to a conflict of interest. Community Development Director Ruth
Borne explained that the applicant, EXWMT, LLC, a subsidiary of the Traer Creek, LLC and the
developers for the Village at Avon, submitted a PUD amendment for the purpose of creating
fagade improvements for three (3) new tenants and to expand the existing Wal-Mart store (Tract
131) by 12,000 square feet. The additional square footage requested arises as a result of
discrepancies that exist between the existing Chapel Square PUD and other related documents.
The additional square footage and adequate parking was contemplated in the original approval
for Chapel Square PUD. She noted that P&Z Commission unanimously approved the PUD
amendment. There was some concern from both parties over the 90-day time requirement to
obtain a certificate of occupancy on the improvements. Staff provided some clarification on the
conditions in the memo and the ordinance that was provided in the Council packet.
Councilor D. Buckley moved to approve Ordinance No. 03-07, Series of 2003, An Ordinance
approving a PUD Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2,
Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado.
Councilor Wolfe seconded the motion and it passed unanimously on first reading (Sipes
abstained). Councilor Sipes joined the podium at this time.
Resolutions
Town Planner Tambi Katieb presented Resolution No. 03-16. a Resolution that revises the
Landscaping Design Guidelines for both the Residential and Commercial/Industrial sections of
the plan. The P&Z Commission unanimously adopted the revised guidelines at an earlier
meeting. Tambi noted that the legislation was written to encourage people to use less water on
landscaping.
Councilor P. Buckley moved to approve Resolution No. 03 16, Series of 2003, a Resolution
approving Revised Landscaping Guidelines to Permanently replace existing Landscaping
Guidelines in the Town of Avon Residential, Commercial and Industrial Design Guidelines -
Procedures, Rules and Regulations as adopted November 6, 2001. Councilor McDevitt
seconded the motion and it passed unanimously.
Town Engineer Norm Wood presented Resolution No. 03-18, a request made by ATS Join
Venture, owners of Lot 2, Phase II, Avon Town Square to resubdivide Lot 2, resubdiviing the
existing condominium units (Units 101 through 105, Units 204 & 205).
Mayor Reynolds opened the public hearing; no comments were made, so the hearing was
closed. Councilor D. Buckley moved to approve Resolution No. 03-18, Series of 2003,
Resolution approving the Preliminary Amended Supplemental Condominium Map of Avon Town
Square Commercial Condominiums, Lot 2, Phase II, A Resubdivision of Units 101 through 105
and Units 204 and 205, Avon Town Square Subdivision, Town of Avon, Eagle County,
Colorado. Councilor Brown seconded the motion and it passed unanimously.
New Business
Councilor Wolfe moved to name the following applicants to the Planning & Zoning Commission:
Buz Didier, Andrew Karow and Bob Trueblood for 2-year terms and Ron Neville to a one-year
term. The motion was seconded and passed unanimously.
Other Business
Town Manager Larry Brooks raised two topics that were discussed at the earlier work session,
the Vail Recreation District "buy-in" program and the Town Picnic. The Town Council agreed to
participate in the "buy-in" program with the Vail Recreation District in the amount of $5,000. The
Town Council agreed to expand the Town of Avon's 25th Anniversary Celebration to include a
band & the sale of alcoholic beverages. The event has been combined with the Town's annual
picnic in the park event. The Council agreed to spend an additional $7,800 on this event.
Councilor D. Buckley moved to direct staff to submit a budget amendment in the future to
include the above two amounts. Councilor Brown seconded and the motion passed
unanimously.
Town Attorney Report
Town Attorney John Dunn provided another update to the EagleBend property situation. He
reminded the Council that they tabled a resolution at an earlier meeting that would have initiated
the exclusion of some of the property owners from EVMD. Since then the town has been
presented a copy of a quit claim deed dated December 1, 2002. He noted that the Town's
water attorney, Gary Greer, concludes that the water right conveyed by the deed is different
from the water right which EagleBend partnership agreed to transfer to Eagle-Vail Metro in
1981. Currently Jim Porzak, attorney for EVMD, is reviewing the matter again and will back in
touch. Dunn recommend that the Council continue to table this matter until a later date. Dunn
clarified the fact that the water rights conveyed were more junior that the rights Eagle-Vail Metor
District thought would be conveyed.
Regular Council Meeting Page 2 of 3
April 22, 2003
Mayor's Report
Mayor Reynolds commended Council members for their work on the respective committees.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley
moved to approve the consent agenda. Councilor McDevitt seconded the motion and it passed
unanimously.
a. Approval of the April 8, 2003 Regular Council Meeting Minutes
b. Resolution No. 03-17, Series of 2003, A Resolution approving the Condominium
Map, Barrancas-1, Phase 1, A Resubdivision of Lot 40, Block 1, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado
c. Resolution No. 03-19, Series of 2003, Resolution approving the Final Amended
Supplemental Condominium Map of Avon Town Square Commercial Condominiums,
Lot 2, Phase, II, A Resubdivision of Units 101 through 105 and Units 204 and 205,
Avon Town Square Subdivision, Town of Avon, Eagle County, Colorado
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
April 22, 2003
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Tbru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: May 5, 2003
Re: Sale of Disc Golf Course Equipment
Summary:
A Bill of Sale in the amount of $25.00 for the Town's Disc Golf Course Equipment is
included in Tuesday's consent agenda. As you may recall the Town purchased this equipment
approximately 8 years ago for it's disc golf course in Nottingham Park. The course was
operational for approximately 2 years before being disbanded due to problems with lack of
space in the park The equipment has been stored unused for the remainder of time. The
equipment includes 9 Frisbee golf hoops with chain nets.
A Mr. Jim Swanson of Eagle contacted Bob Reed regarding the equipment and the Town's
willingness to dispose of it. Bob indicated to me that it would cost the Town a couple of
hundred dollars to dispose of it. If the sale is approved by the Council, I will execute the
document and notify Mr. Swanson that he may pick up the equipment.
Town Manager Comments:
Page 1
BILL OF SALE
Town of Avon, Colorado (the "Seller"), of P.O. Box 975, Avon, Colorado 81620, does hereby
sell, assign and transfer to Jim Swanson (the 'Buyer"), of P.O. Box 3100, Eagle, Colorado
81631, the following property.
PROPERTY: Disc Golf Course Equipment
AMOUNT: $25.00
for a TOTAL AMOUNT OF $25.00
The Seller warrants that the property is being transferred to the Buyer free and clear of any liens
and encumbrances.
The above property is sold on an "AS IS" basis. The Seller makes no warranties, express or
implied (except as specifically stated above).
This transfer is effective as of May 13, 2003.
The property is now located at 400 Benchmark Rd, Avon, Colorado 81620, and all of such
property is in the possession of Town of Avon, Colorado.
SELLER:
Town of Avon, Colorado
By:
Scott Wright
BUYER:
Jim Swanson
By:
Jim Swanson