TC Council Packet 06-08-2004STATE 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 JUNE 8, 2004, AT 2:45 PM AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:45 PM - 3:00 PM 1) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences with an
attorney for the local public body for the purposes of receiving legal advice
on specific legal questions. Review of pending litigation.
3:00 PM - 3:45 PM 2) Council Committee Updates - Council members are assigned to several
committees and update their progress.
Water Update (Councilor D. Buckley)
Open Space Advisory Committee Update (Councilor Wolfe)
Marketing Update (Councilor P. Buckley)
2009 Championship Update (Mayor Reynolds)
3:45 PM - 4:00 PM 3) First Quarter Revenue Report (Scott Wright) - An update on first
quarter revenue collections for 2004.
4:00 PM - 5:00 PM 4) Follow-up on Discussion with Avon's Building Community
(Tambi Katieb & Norm Wood) - Staff will follow-up with the input given
on improving the building review and permit process.
5:00 PM - 5:20 PM 5) Staff Updates
a. Recreation Center Exterior Sealant - (Bob Reed)
b. Council Chambers PA /Audio Visual System -(Bob Reed)
c. Streetscape Lighting Replacement Cost Estimate (Norm Wood)
d. Community Development Updates (Tambi Katieb)
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: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without
notice.
Comments from the public are welcome.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 4, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.06.08
Memo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: June 3, 2004
Re: Executive Session
Summary:
John Dunn asked that I include the attached information for the Executive Session.
Norman Wood
* From: John Dunn email
Sent: Thursday, April 22, 2004 1:16 PM
To: Norman Wood
Subject: RE: Tract Y Appeal
I would fax him the e-mail but I don't have it.
-----Original Message-----
From: Norman Wood [mail to: NWood@avon. org]
Sent: Thursday, April 22, 2004 12:02 PM
To: John Dunn
Cc: Larry Brooks; Tambi Katieb
Subject: FW: Tract Y Appeal
John:
Will you respond to this?
Norm
-----Original Message-----
From: Mark Donaldson [mailto:markd@vmda.com]
Sent: Thursday, April 22, 2004 11:23 AM
To: Norman Wood
c: Larry Brooks
ubject: Tract Y Appeal
Norm,
Is there some reason that the alleged appeal cannot just be faxed to my
office?
Mark Donaldson
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1
Norman Wood
From: John Dunn email
Sent: Thursday, April 22, 2004 11:47 AM .
To: Larry Brooks; John Dunn; Norman Wood
Subject: RE: Appeal of Tract Y?
Mark,
To reply to your e-mail, you are welcome to review the Town's file in
connection with this matter. Ruth Borne received an e-mail inquiry from
T.J. Connors on the seventh day as to the time for filing an appeal.
The Town did not respond to that inquiry on the same day but is
nevertheless treating the e-mail as sufficient to invoke Connor's
appellate right as an interested party.
By Town Code, the appeal must be heard at the first meeting following
the filing of the appeal. Since that requirement is for the protection
of the applicant, you may waive it.
We need to know AS SOON AS POSSIBLE if you wish to schedule the appeal
at a later meeting. Council packets are being finalized at this very
moment.
John
-----Original Message-----
From: Larry Brooks [mailto:LBrooks@avon.org]
Sent: Thursday, April 22, 2004 9:02 AM
To: John Dunn; Norman Wood
Subject: FW: Appeal of Tract Y?
You two can take care of this if you would.
-----Original Message-----
From: Mark Donaldson [mailto:markd@vmda.com]
Sent: Thursday, April 22, 2004 8:08 AM
To: Larry Brooks
Cc: Tambi Katieb; Chad@LundCapital.com; Bob@PreeoSilv.com;
Joan@LundCapital.com; Chris)@vmda.com
Subject: Appeal of Tract Y?
Good Morning Larry,
I received a voice message this morning from Tambi informing me that an
appeal has been filed for Tract Y. Will you please, at your earliest
convenience, provide a copy of that appeal and all supporting
documentation affirming that it is properly and timely filed? If the
appeal is indeed proper, please provide the possible dates that may be
available for placement on the Town Coucil Agenda as our client, legal
counsel and experts reside out of our area and will need to arrange
their schedules to provide a complete response to this potential action.
Thank you and we look forward to receiving your written responses.
Repsectfully submitted,
Mark Donaldson, Director of Design
VICTOR MARK DONALDSON ARCHITECTS
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Norman Wood
Wom: Larry Brooks
Sent: Thursday, April 22, 2004 10:56 AM
To: 'markd@vmda.com'
Cc: Norman Wood; John Dunn
Subject: RE: Appeal of Tract Y?
I will copy this to John and Norm so they are informed, and ask that they respond to you
as soon as is functionally possible
-----Original Message-----
From: Mark Donaldson [mail to:markd@vmda.com]
Sent: Thursday, April 22, 2004 10:28 AM
To: 'Mark Donaldson'; Larry Brooks
Cc: Chad@LundCapital.com; Bob@PreeoSilv.com; Joan@LundCapita1.com; Chrisj@vmda.com
Subject: RE: Appeal of Tract Y?
-----Original Message-----
From: Mark Donaldson [mailto:markd@vmda.com]
Sent: Thursday, April 22, 2004 10:27 AM
To: 'Larry Brooks'
Cc: 'Chad@LundCapital.com'; 'Bob@PreeoSilv.com'; 'Joan@LundCapital.com';
'Chrisj@vmda.com'
Subject: RE: Appeal of Tract Y?
hank you Larry. Do you know when we may expect to have our request fulfilled?
Mark Donaldson
-----Original Message-----
From: Larry Brooks [mailto:LBrooks@avon.org]
Sent: Thursday, April 22, 2004 10:07 AM
To: markd@vmda.com
Subject: RE: Appeal of Tract Y?
Mark, I have forwarded you request to Norm Wood and John Dunn,
are addressing this issue. I have deferred the Town's position
gentlemen, since John has had the discussions with Mr. Conners
the staff report for this matter.
as these two individuals
on this matter to these two
and Norm will be providing
-----Original Message-----
From: Mark Donaldson [mailto:markd@vmda.com]
Sent: Thursday, April 22, 2004 8:08 AM
To: Larry Brooks
Cc: Tambi Katieb; Chad@LundCapital.com; Bob@PreeoSilv.com; Joan@LundCapital.com;
Chris)@vmda.com
Subject: Appeal of Tract Y?
Good Morning Larry,
I received a voice message this morning from Tambi informing me that an
appeal has been filed for Tract Y. Will you please, at your earliest
nvenience, provide a copy of that appeal and all supporting documentation
(firming that it is properly and timely filed?
If the appeal is indeed proper, please provide the possible dates that may
be available for placement on the Town Coucil Agenda as our client, legal
1 1
counsel and experts reside out of our area and will need to arrange their
schedules to provide a complete response to this potential action. Thank
you and we look forward to receiving your written responses.
Repsectfully submitted, .
Mark Donaldson, Director of Design
VICTOR MARK DONALDSON ARCHITECTS
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4/22/2004
Norman Wood
Page I of 2
From: Larry Brooks
Sent: Thursday, April 22, 2004 10:47 AM
To: Norman Wood
Subject: FW: [Fwd: variance]
Follow Up Flag: Follow up
Flag Status: Flagged
----Original Message-----
From: John Dunn email
Sent: Wednesday, April 14, 2004 10:02 AM
To: Larry Brooks
Cc: Ruth Borne
Subject: RE: [Fwd: variance]
Isn't there an appeal pursuant to 17.36.080?
-----Original Message-----
From: Larry Brooks [mailto:LBrooks@avon.org]
Sent: Wednesday, April 14, 2004 7:30 AM
To: Ruth Borne
Cc: John Dunn
Subject: RE: [Fwd: variance]
I think he asking you to so you should go ahead and complete his education in this regard. Please
remember that many of our citizens find the code book to be confusing, so don't take anything for
granted. Looks like something that John may want to review before it goes out. The two of you should
confer and be happy with our response before you hit the send button.
---Original Message-----
From: Ruth Borne
Sent: Wednesday, April 14, 2004 8:22 AM
To: Larry Brooks; John Dunn
Subject: FW: [Fwd: variance]
think someone needs to straighten him out!
-----Original Message-----
From: TJ Conners [mailto:storage@vail.net]
Sent: Wednesday, April 14, 2004 7:24 AM
To: Ruth Borne
Subject: Re: [Fwd: variance]
I will be happy to just let me know!!
Hey Ruth,
Thanks for the reply - I checked 17.28.050 on the Amendments to Zoning Code and
District Map and I find that " the recommendations of the P and Z shall be
scheduled for a public hearing before the Town Council in accordance with section
17.12.100" and further "that the hearing shall be held no later than 30 days following the
planning and zoning action" Looks like April 27th at the Town Council chambers and I
want another shot at this so we have conflicting info and I am going to make an issue out
%1?
ragc.4 vi
of this one. Please advise ASAP- T.J
Ruth Borne wrote:
The variance does not go to the Town. The approval on the variance by P&Z is •
final. Tract Y still needs to complete the final design review process then they
may proceed with full working drawings to building permit.
-----Original Message-----
From: TJ Conners [mailto:stora4e vail.net]
Sent: Tuesday, April 13, 2004 5:51 AM
To: Ruth Borne
Subject: [Fwd: variance]
Hello Ruth,
Still looking for an answer on this one and can you include my
rights concerning an appeal. T.J.
Original Message ------
Subject:variance
Date: Sat, 10 Apr 2004 06:14:20 -0600
From:TJ Conners <storage@vail.net>
To:rborne ,avon.or
Hello Ruth,
Can you tell me if Mr. Donaldson now needs to go before the .
Council for his final parking variance approval on Tract Y a
sequence - approximate time table would be to do so if indee
necessary. As an example, does he need a full set of working
any engineering, a model etc etc for this final approval. I
thank you for your reply. Sincerely, T.J Conners
******************************************************************
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4/22/2004
CNQ
From:
Sent:
To:
Subject:
Norman Wood
Ruth Borne
Thursday, April 22, 2004 2:16 PM
Norman Wood
FW: Tract Y
-----Original Message-----
From: Ron Wolfe email
Sent: Monday, April 12, 2004 11:22 AM
To: Ruth Borne; Tambi Katieb; JOHN DUNN
Cc: Larry Brooks
Subject: RE: Tract Y
Thanks for the info... it does help. Since no appeal has been filed that I
know of, I do not believe that I have to do anything other than disclose my
response to TJ. I will not further communicate with TJ until the deadline
for appeal has passed and no appeal has been made.
To John Dunn.... the entire correspondence is below. Am I correct in my
opinion on disclosure only. Also does TJ have any standing in this matter to
allow him to appeal?
Ron
----Original Message-----
rom: Ruth Borne [mailto:RBorne@avon.org)
Went: Monday, April 12, 2004 10:14 AM
To: Ron Wolfe
Subject: FW: Tract Y
Hope this helps!
-----Original Message-----
From: Tambi Katieb
Sent: Monday, April 12, 2004 9:42 AM
To: Ruth Borne
Subject: RE: Tract Y
78 spaces total provided, 74 required:
*18 to self storage.
*54 to IC (all at 1/800).
*Caretaker unit parked with 2 spaces.
I suppose if an appeal is possibly in the works, then Ron may have to recuse
himself from hearing the appeal at this point b/c of the ex-parte contact.
Thanks
Tambi Katieb, AICP
Senior Planner
Town of Avon Community Development
P.O. Box 975
Avon, CO 81620
hone: 970.748.4002
?ax: 970.949.5749
-----Original Message-----
q`
From: Ruth Borne
Sent: Monday, April
To: Tambi Katieb
Subject: FW: Tract Y
12, 2004 9:36 AM
•
Can you please clarify this
-----Original Message-----
From: Ron Wolfe email
Sent: Monday, April 12, 2004
To: Ruth Borne
Cc: Larry Brooks
Subject: RE: Tract Y
for me--thanks!
9:02 AM
First of all, my best wishes for your "new life" whatever it will be. Thanks
for your work on behalf of the TOA!
Regarding Tract Y: What are the total parking spaces, the number of spaces
attributed to the self storage with the balance, I assume attributable to
the IC space at one per 800 sq. ft.?
Thanks. Ron
-----Original Message-----
From: Ruth Borne [mailto:RBorne@avon.org]
Sent: Monday, April 12, 2004 8:27 AM
To: Ron Wolfe email
Subject: RE: Tract Y
TJ is referencing the APA research service we evaluated for the self-storage
parking determination. The point we tried to establish was that the parking
requirements are very inconsistent throughout the country and varied
dramatically. Therefore, we relied upon Buzz Victor's testimony and the
industry standards for self-storage.
-----Original Message-----
From: Ron Wolfe email
Sent: Sunday, April 11, 2004 4:49 PM
To: Larry Brooks; Ruth Borne
Subject: FW: Tract Y
What is TJ talking about?
Ron
-----Original Message-----
From: TJ Conners [mailto:storage@vail.net]
Sent: Sunday, April 11, 2004 6:51 AM
To: rcwolfe@vail.net
Subject: Re: Tract Y
Hello Ron - thanks for the prompt reply - no crying over spilt milk - if
its a dead issue then so be it - my problem was and still is that the
studies that Tambi and staff relied on , when analyzed in detail,
actually proposed at a minimum twice as many spaces than were
allocated(by the variance) all the way to to 5 times more than were
allocated. Love to show it to you over lunch sometime. T.J.
RON WOLFE wrote:
>Hi "TJ." Yes the variance granted by P&Z is final. I've copied Larry Brooks
>and Ruth Borne on this and your e-mail and suggest that you contact Ruth to
2
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>get a copy of the staff analysis and report on the Tract "Y" project and
>reasoning for the variance. I will recount my understanding of the project
>and the reasoning but may be off in some of the fine DointR_
The biggest concern and risk to successful functioning of the site and
project is the possible use of the self-storage space for something other
>than self storage. The project was approved with requirements that the
>storage area will have only general overhead whole-area lighting, the
>storage units will have no solid wall but rather will be cages, no
>electrical roughing or service will be allowed to or within the units and
>the same will be true for plumbing. Therefore an alternate and non-approved
>use will not be possible without extensive modifications requiring a
>building permit. The parking variance applies only to the continuance of a
>self-storage use. All of these provisions are intended to keep the use as
>approved and make any attempt to change the use difficult and easily
>detected by Avon.
>If it is indeed correct that 18 spaces are attributed to the self storage
(I
>don't know the count and don't know the total number of spaces for the
>entire site), this may be more that experts testified to be needed for the
>use. I understand that testimony was given that actual nationwide data show
>that very few spaces are needed to support user access. The rest of the
>project is IC and parked according to Town Code requirements without any
>variance. We, the Town, will have to monitor the uses in the building to
>make sure that none are illegally converted to a retail use that will
>violate the parking provisions, etc.
>I hope that this all helps and that you contact Ruth or Larry to sort out
>any other info needs that you have.
Ron
Original Message-----
From: TJ Conners [mailto:storage@vail.net]
>Sent: Saturday, April 10, 2004 6:32 AM
>To: rwolfe@avon.org
>Subject: Tract Y
>Hello Ron,
>As you may know, the Planning and Zoning group gave a parking variance
>to the 131,000 sq. ft. Tract Y Project on lower Metcalf Rd. They
>approved 18 parking spaces for 88,000 sq. ft. of self storage , and
>we(directly across the street) are vehemently opposed to this as it
>will make lower Metcalf more of a problem than it already is. My
>question is simple enough - are we dead in the water on this one or do
>they need Town Council approval for the variance or the project. I do
>not think it is a PUD. Also, if they do need Council approval, any
>idea if they need anything else to get it and any type of timetable. In
>advance thanks for your reply. Sincerely , T.J. Conners Secretary Vail
>Avon Commercial Park and Owner AAA Mini Storage.
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0 N 0048 E BEAVER CREEK BLVD
SUITE 207
April 23, 2004 Box 5300
AvoN, CO 81620
Patty McKenny, Town Clerk 9 7 0.9 4 9.5 2 0 0
vmdo@vmdo.com
Larry Brooks, Town Manager
John Dunn, Esq., Town Attorney F A x• 9 4 9.5 2 0 5
Mayor Buz Reynolds
Town Council Members
Norm Wood, P.E., Acting Director of Community Development
Tambi Katieb, Senior Town Planner
Town of Avon
Re: Alleged Appeal of Tract Y Applications
Hand Delivered
Ladies and Gentlemen:
It is under protest and with duress that I file this response mandated by John Dunn, Esq.
As the Applicant, we have not been privy to the alleged e-mail appeal, allegedly received
on April 13, 2004. It has not been provided to my office and we still have no idea what
the appeal is for, if it was filed timely, if the fee was paid or if the Town Clerk has seen it.
Even with the email copies I was given yesterday, there was no appeal included. Why?
I accept next Tuesday April 27`x' as the date of appeal before the Avon Town Council and
will continue to wait for a copy of the Appeal itself, Staff Report and Meeting Agenda,
ostensibly without continued delay. Further, Victor Mark Donaldson Architects will
stand up for the project approvals thus far and defend what ever it is that is being allowed
to be appealed, for what ever reason, no matter the timing, payment of fees or the
legitimacy thereof.
As to duress, this wholly improper late notice of an alleged appeal now delays our project
and the elements set in motion for this $ l OMM development. We remain cooperative
with . Dunn's need to satiate his need for the public to have yet one more attempt to
de o roect. We will never object to public input, but we all know that Mr.
Annors ' well versed in these matters and has already had his input.
submitted, _?,.._.
M#ffk Donaldson, Director of Design
VICTOR MARK DONALDSON ARCHITECTS
CC: Thomas "Chad" Lund, Vice President
Lund Capital Group
Robert Preeo, Esq.
Preeo, Silverman, Green & Egle, P.C.
ARCHITECTS
Memo
To: Honorable Mayor and Town Council
From: Councilor D. Buckley
Thru: Patty McKenny, Town Clerk
Date: June 3, 2004
Re: Enclosure
Summary:
Debbie asked me to distribute this information to you.
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Memo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk`
Date: June 3, 2004
Re: Council Committee Update
Summary:
Pete asked me to include the attached minutes from the WCTB Board Meeting for your review.
March 29, 2004
To: VVCTB Board of Directors
From: Frank W. Johnson
Re: Recap of March 17 Board of Directors' Meeting
Attendance: Kent Logan, Robert Dallain, Peggy Curry, Jim Feldhaus, Tim Cochrane,
Stan Cope, Brian Nolan, Tom Backhus, Am Menconi, Beth Slifer, Scott Fulton, John
Garnsey, Mike Brown, Alice Leeds (Ambassador), Frank Johnson (Staff), Robin Litt
(Staff), Kelli McDonald (Staff), Kathleen Halloran (Staff).
Absent: Joel Heath, Steve Pope; Bill Anderson, Alan Holub, Bill Jensen, Tony O'Rourke,
Ghiqui Hoffman, Sue Marquez,
1. Meeting was called to order at 4:00 by Frank Johnson. Due to Summer Air meeting in
same room, Board meeting was delayed.
11. Reviewed minutes of January 21 Board meeting ...motion-Feldhaus, second--Slifer,
Minutes unanimously approved as submitted.
111. Nolan updated group on Summer Air Service discussions. Executive Committee has
offered that CTB coordinate Summer Air Program based on Menconi's commitment that
County would put $30K towards administration. CTB will receive part of those dollars
with remainder funding Kent Myers' contract.
Had reached agreement with Continental on direct service from Houston with guarantee
of $250,000 from community sources, but VRI has concerns that this will undermine
success of Dallas flight, which is being guaranteed by Eagle County and will not
participate in guarantee program. Summer Air Committee has decided to forego the
Houston flight, and has asked Myers and VRI to contact American about the possibility
of a flight from Chicago, re-open the discussion with United about a Chicago flight, and
discuss the upgrading of one of the United flights from Denver to a 757. Decision will be
made at the beginning of next week about how to "grow" the service this summer.
Concern has also been expressed that the American flight from Dallas will depart from
Eagle earlier, causing connection times to be increased by significant amounts. This will
cause the flight to be less successful than in summer 2003, when connections were ideal
from many excellent feeder markets.
Johnson expressed that the Board had committed the CTB to a $32,000 guarantee
payment for summer 2004, and that we have to raise the money to support that. $10,000
has been committed from smaller lodges and Vail Daily, but we need the Board to
support the remainder of the $22,000. Johnson will email request once we know what the
flight is and what our position needs to be.
IV. Discussed Executive Committee meeting of February 18. Due to greater than
anticipated income losses in the 41h quarter, CTB will show a loss, including cash and
non-cash items, of $303,000 for 2003. Had anticipated and projected a loss of $150,000.
Largest contributors to loss were reductions in publications net revenue, reductions in
FIT lodging commissions surrounding Christmas bookings, reductions in group
commissions due to changes in percentage of business that is not commissionable to us,
and shortfalls in Event revenue coupled with excess of expenditures.
Staff has worked to "rebudget" 2004 to allow us to make up $45,000 of the $90,000
negative fund balance, with the remainder to be made up in 2005. We have reduced 5
positions from what was originally budgeted for 2004, with 4 positions consumed by
attrition and one being laid off, and have reduced both income projections and expenses
to be much more conservative. In addition, we have raised dues to $475, changed the
basis for lodging dues and commissions to give us more income from dues with less
dependence on commission income, and reduced the number of Co-op publication
programs to focus on those that give us the best return.
Complete spreadsheets are available for anyone who wants to review the changes in more
detail, and Johnson volunteered to go through the entire package with any Board member
that was interested in understanding more about our financial picture.
Johnson indicated that we are "repitching" Avon, based on better than expected sales tax
collections thus far this winter, and thanks to Mike Brown for helping craft a proposal
that should bring in $25,000. Vail Resorts is the only major funding partner that is still
withholding funding. Garnsey indicated that March would determine how much and if
they would participate financially.
Concern was expressed about "squeezing" the staff with fewer people and expectations
and objectives remaining the same.
V. Discussed potential corporate sponsors, and identified other possible businesses to
approach, including large food purveyors, major construction firms that are involved in
significant projects here, travel/incentive companies, and investment firms. Must be clear
about what we have to offer, and make sure that we do not conflict with the VRI and
Foundation sponsors. One of our primary appeals could be incentive travel using the
comp rooms that we accumulate as part of our lodging agreements.
VI. Discussed other local sponsor opportunities and focused on real estate, major
developers. Suggestion was made that we "package" those events that we do and offer
them to major sponsors. ie. Naming rights for business awards dinner, or mixers, or other
events that attract significant numbers of partners.
VII. Other suggestions included approaching VRI about being the only local
organization to offer merchant passes, as is the case in other communities, exploring
elements of the economic development program that could bring revenue, and making
more of an effort to solicit partnerships in Vail, given that that's where the growth and
"action" will be for the next 5 years.
VIII. Discussed doing a three hour meeting in April or May to do some strategic
planning, including a SWOT analysis to identify areas of opportunity for the future and
give direction to our efforts in planning for 2005. Several dates were discussed, and
various persons were unavailable ...Johnson will determine a date that will have the
broadest participation.
IX. Menconi offered to show the "VailOutdoors" website progress to those interested in
remaining for a few minutes. This is a follow up to the December conversation about
establishing a website with mapping capabilities for "Adventure sports enthusiasts."
X. Meeting adjourned at 5:45pm.
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: June 3, 2004
Re: 1 s' Quarter Revenue Update
Summary:
On Tuesday I will present to Council an update of sales tax, accommodations tax, real estate
transfer tax and building revenues for the 1St quarter of 2004. Please find attached copies of
the various reports that we will review.
Town Manager Comments:
24 ?V?
Attachments:
A - Various Charts and Graphs on Revenues
Page 1
Sales Tax by Geographic Area
1st Quarter 2004
West River District
2.29%
I All Other Areas City Market/51 B/C
East Hurd Lane 898% Place/Avon Plaza
126% \ 29.51%
Village At Avon_
2.71%
Out-of-Town
7.17%
Chapel Place/Wal-mart Christy Lodge/Benchmark
15
69% 14.10%
.
1 Town Center Metcalf Rd.
10.42% 5.88%
GEO Sales Tax % of No. of % of
Code Description Revenues Total Returns Total
1.00 Town Center $ 122,347.03 10.42% 18 4.76%
1.01 Lot C 23,376.79 1.99% 1 0.26%
1.03 Mall 23,417.67 1.99% 4 1.06%
1.04 Chapel Place/Wal-mart 184,183.71 15.69% 15 3.97%
1.05 City Market/51 B/C Place/Avon Plaza 346,553.41 29.51% 16 4.23%
1.06 Christy Lodge/Benchmark 165,506.36 14.10% 21 5.56%
2.00 Metcalf Rd. 69,026.99 5.88% 23 6.08%
3.01 Buck Creek 19,197.38 1.63% 7 1.85%
4.00 West River District 26,929.78 2.29% 6 1.59%
5.00 East Hurd Lane 38,255.04 3.26% 5 1.32%
6.00 Confluence - 0.00% 0 0.00%
7.00 W. Beaver Creek Blvd 35,890.04 3.06% 9 2.38%
8.00 West Residential - 0.00% 0 0
00%
9.00 Wildridge 83.91 0.01% 4 .
1.06%
10.00 Village At Avon 31,779.33 2.71% 5 1.32%
11.00 Town-wide 3,505.43 0.30% 13 3.44%
12.00 Out-of-Town 84,131.28 7.17% 231 61.11%
Totals $ 1,174,184.15 100.00% 378 100.00%
v
C O L 0 R A D 0
Comparison of Actual 2004 Sales Tax Collections to Prior Year
March 2004 sales tax collections decreased 2.46% from sales tax collections for the month of
March 2003. Year-to-date sales tax collections decreased 1.06%.
Sales Tax
March 2004 Sales Tax
March 2003 '% Increase (Decrease)
Over Last Year
$480,907 $493,057 2.46
Sales Tax
YTD 2004 Sales Tax
YTD 2003 "/o Increase (Decrease)
Over Last Year
$1,331,419 $1,345,641 1.06%
Comparison of Actual 2004 Sales Tax Collections to Budget
March 2004 sales tax collections exceeded budget by $25,307, or 5.55%. Year-to-date sales tax
collections exceeded budget by $63,389 or 5.00%.
Sales Tax
March 2004 Budgeted Sales Tax
March 2004 Variance Over
(Under) Budget
$480,907 $455,600 $25,307
Sales Tax
1'TD 2004 Budgeted Sales Tax
YTD 2004 Variance Over
(Under) Budget
$1,331,419 $1,268,030 $63,389
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Accommodation
GEO Tax % of No. of % of
Code Description Revenues Total Returns Total
1.00 Town Center $ 68,811.53 43.71% 6 35.29%
1.01 Lot C 23,370.10 14.84% 1 5.88%
1.03 Mall 20,139.48 12.79% 1 5.88%
7.00 W. Beaver Creek Blvd 34,354.42 21.82% 5 29.41%
12.00 Out-of-Town 10,752.33 6.83% 4 23.53%
Totals $ 157,427.86 100.00% 17 100.00%
6
Comparison of Actual 2004 Accommodations Tax Collections to Prior Year
March 2004 accommodations tax collections decreased 22.59% from accommodations tax collections for
the month of March 2003. Year-to-date sales tax collections increased 4.16%.
Accommodations Tax
March 2004 Accommodations Tax
March 2003 % Increase (Decrease)
Over Last Year
$55,304 $71,439 (22.59%
Accommodations Tax
YTD 2004 Accommodations Tax
YTD 2003 % Increase (Decrease)
Over Last Year
$157,128 $150,855 4.16%
Comparison of Actual 2004 Accommodations Tax Collections to Budget
March 2004 accommodations tax collections were under budget by $20,959, or 27.48%. Year-to-date
accommodations tax collections were under budget by $3,914 or 2.43%.
Accommodations Tax
March 2004 Budgeted Accommodations Tax
March 2004 Variance Over
(Under) Budget
$55,304 $76,263 $(20,959
Accommodations Tax
YTD 2004 Budgeted Accommodations Tax
YTD 2004 Variance Over
(Under) Budget
$157,128 $161,042 $3,914
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2004
Purchaser Name Property Received
March Balance Forward $ 385,432.98
Title Comp Rockies Christie Lodge Timeshare 150.00
Title Comp Rockies Christie Lodge Timeshare 149.95
Title Comp Rockies Christie Lodge Timeshare 220.00
Title Comp Rockies Christie Lodge Timeshare 140.00
Title Comp Rockies Christie Lodge Timeshare 170.00
Holiday Falcon Pointe Timeshare 80.00
Holiday Falcon Pointe Timeshare 6.00
1 st American Heritage Falcon Pointe Timeshare 140.00
1 st American Heritage Falcon Pointe Timeshare 130.00
1 st American Heritage Falcon Pointe Timeshare 130.00
1 st American Heritage Falcon Pointe Timeshare 149.00
Holiday Falcon Pointe Timeshare 220.00
Title Comp Rockes Mtn. Vista # 04-13 6,608.30
Title Comp Rockes Mtn. Vista #1416 40.00
Nicholas & Patsy Scrabat Benchmark Condo C-17 1,930.00
Global Management Group Benchmark Condo C-3 1,540.00
Michele Kaufman Benchmark Condo A-4 1,380.00
Allison Ochs Beacon Hill 1 #12 1,670.00
Ian Jeffrey & Delfina Darquier Parham Bridgewater Condo B-5 900.00
Sabrina Norton & Armin Gooden Barrancas N-41 1,138.00
Caleb T. Ford Barrancas H-23 900.00
John & Michelle Cole Barrancas II J-29 4,100.00
Joan, Steven & Michael Tomsic Barrancas II L-34 1,158.00
Justin Ritts Barrancas II I-30 1,100.00
Craig Cohn Barrancas II 1-27 1,298.00
Kimberly Scott Avon Lake Villas # 20 6,300.00
Ernest Rodd Profitt Avon Lake Villas # 2 2,300.00
Avon Plaza 203 LLC Avon Plaza Condo A-203 4,700.00
Craig Nadeau Avon Center @ B.C. #607 4,560.00
Zalesky Family LLC Chapel Square B-214 6,750.00
Tyra Coleman Greenbrier Condo C-21 2,500.00
Sonnenalp Properties Metcalf Commericial # 211 7,270.84
BMS Warehouse LLC Metcalf Commericial # 206 7,836.50
Robert, Alexander & Ellen Bellandi Metcalf Commericial # 207 6,000.00
Canal Associates LLC Metcalf Commericial # 105 4,000.00
Vail Valley Real Estate Services Metcalf Commericial # 107 3,500.00
Marisa Cantrell Metcalf Commericial # 201 5,693.00
Traer Creek RP LLC Lot 6 McGrady Acres 37,000.00
Jonathan Shulkin & Alissa Behrstock Villamonte @ Wildridge # C 6,850.00
Ronald Alvarez & Alice Ruth Lot 9 Mtn. Star 21,500.00
Catherine Bentley Lot 8-W Blk 1 Eaglebend 11,300.00
Charles B. & Sherry Bunting Lot 41E Blk 2 Wildridge 11,000.00
i
Town of Avon
Real Estate Transfer Tax
Calendar Year 2004
Purchaser Name
Kim & Eddress Ahmad
Property
Lot 40A Blk 1 Wildridge
Total April Revenue
Total YTD Revenue
Total 2004 Budget
Variance, Favorable (Unfavorable)
Received
5,650.00
180,157.59
565,590.57
1,350,000.00
$ (784,409.43)
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Fran: Norman Wood Acting Director- Community Development
Tambi Katieb, AICP - Senior Planner
Dale June 3, 2004
Re: Follow up to Avon Building Community Discussion
Summary
On May 25, 2004 Council initiated discussion during work session based on the issues listed in this
memo.
Unfortunately, Council did not have sufficient time to give staff direction on how to proceed in light of
their discussion with the building community. This issue was tabled to the June 8, 2004 work
session in order to more fully discuss the points of this memo and articulate direction to staff and/or
the building community on considerations to existing guidelines, codes, or procedures.
The purpose of this memo is to follow up with the comments received at the initial May 11, 2004
work session and the subsequent May 25, 2004 work session. Following each identified issue is a
discussion and outline of the process required to adopt any changes proposed.
To further our previous discussion, staff will bring to this meeting a retaining wall section, additional
information on the financial impacts of an increased RETT credit to the Capital Project Fund 5-year
plan, and a building height diagram to clarify the intent of a revised height definition.
The discussion and potential changes outlined herein are only recommendations from Staff to
Council at this time.
1. Sketch Design Plan Submittal Requirements are too close to Final Design
content.
Discussion: We adopted the new design guidelines in 2001, and the overall intent of the sketch
design being required was to ensure that a project would generally be buildable and supportable by
both the zoning and design review criteria.
In retrospect, the sketch plan intent was really to load the `front end' of a design process with any
identifiable issues or concerns related to both building and site design to the benefit of the builder. In
requiring a higher-level detail, it was estimated that many errors could be avoided by final plan.
While this may be true for multifamily projects or commercial/mixed use projects, it has rarely been
the case for single family and duplex designs. Another effect of our current sketch design process
may be that the focus of a sketch review is overly technical and not design oriented enough to
provide benefit to the designer, builder, and the Planning Commission.
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
An alternative approach that still respects our existing staffing levels and the overall intent of this
design step could include:
¦ Reduce the sketch design plan submittal requirements to include only:
o Stamped Survey (Less than 3 years old)
o Conceptual Site Plan
o Conceptual Elevations
o Conceptual Materials and areas of application
o Allow mechanical or freehand drawings to scale (provided they are legible);
¦ Reduce the amount of copies required for submittal to 2 blue line (full size) copies and seven
11 x17 reduced sets;
¦ Reduce the review and reporting requirements, and eliminate a 'formal' sketch plan action -
making this step a more informal and design oriented review intended to help the
builder/designer draw final design plans. A short memo to P&Z will describe the highlights
and/or anticipated areas of discussion for an application;
¦ Eliminate the required pre-application meeting with staff, instead encourage this step in
concert with and prior to a final design submittal- the sketch plan review with Planning &
Zoning should serve as sufficient initial direction for the project;
¦ The revised format will require (with no exception) that builder and/or designer is in
attendance for scheduled meetings;
¦ Shorten the review time period to 7 working days (with Sketch submittal due on Friday at
5pm one week prior to the meeting), since no formal action or formal reporting will be
provided, but instead provide the opportunity for feedback to the builder. Therefore, the
limitations of staff and Commission feedback are only based on the limitations or `progress'
of prints submitted by the applicant. The requirement for sketch design submittal, however,
is not eliminated;
¦ Apply this abbreviated and `design oriented' process to sketch design plan requirements for
all projects. However, larger projects will be advised to anticipate several sketch plan
meetings as their concepts are refined with staff and Commission input.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
2. Number of Reduced Sets required for all Design Review Submittals. Also, reduce
the reporting requirements- they are cumbersome to everyone. Make the process
user friendly.
Discussion: We can reduce the requirements as above for sketch design submittal, however, Staff
would be uncomfortable choosing this approach for final design plan that typically involve a higher
degree of technical review.
At final design, however, we can reduce the number of copies to 3 full size blue line copies and
ten11x17 reduced sets.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
3. Clarification of the Scheduling Requirements / Shortening of the timeframe for
small Residential Projects.
Discussion: It is a fair assessment to say that small residential projects (smaller than multifamily),
despite our new timeline, still average a 2-week review (as before). This being the case, and in
concert with the revised sketch plan process, we would be comfortable putting a schedule together
for all residential projects under multifamily for final design plan review which clarifies a 2-week
submittal period.
However, there should be no exceptions to this rule and incomplete final design submittals should
not be scheduled since they would become an unproductive use of time for everyone.
Likewise, we can clarify that the 21 working day review (which is a shorter submittal schedule than
the Town of Vail by way of comparison), is only intended for multifamily residential or commercial
projects and only for final design applications.
Process: It will be necessary to revise the existing guidelines, which will require a resolution from
Planning & Zoning Commission on the proposed changes and a Resolution from Council affirming
the changes.
4. Engineering guidance should be clarified for Site Plans (grades, retaining walls,
etc.). Clarify what is expected with boulder retaining walls. Give more guidance at
Sketch Plan.
Discussion: At one time, the Town referenced `Steep Slope Development Guidelines' which required
a licensed architect to draw plans for all lots with slopes exceeding 30% slope. Likewise, the
requirements also required that maximum cut/fill slopes not exceed 2:1 gradient, and fill slopes from
3:1 to 5:1 be revegetated with hydro-mulching or erosion control blankets.
The existing guidelines require that all slopes exceeding 2:1 require special documentation and
review. The guidelines can easily be clarified to require a geo-technical report, and daily inspection
by geotechnical professionals if this standard is proposed to be exceeded.
For retaining walls, the Town can provide minimum requirements at sketch design review so there is
no question as to the guidance on what is considered a `non-structural wall' (consistent with the
Uniform Building Code) and what is considered a 'structural wall'. The intent will be to provide this
information and guidance early in the process so the builder can account for the cost of retaining,
particularly on steep slope properties.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
5. Combine the Right of Way permit with the Building Permit. Process is redundant.
Discussion: There will no longer be an additional site plan submittal requirement, and Community
Development will copy the site plan as necessary for the Right of Way permit review. The
applications will be revised to provide a one step application process, and the coordination of
inspections will be reviewed for efficiency.
Process: The building permit and right of way application forms will be revised and consolidated by
Staff (including the submittal requirements).
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
3
6. Certificate of Occupancy Issuance in winter should not be delayed for exterior or
Right of Way inspections.
Discussion: We can and do accept Right of Way inspections in anticipation of winter season,
provided that the minimum requirements of paving and grading are complete. Final details (like
revegetation of disturbed slopes and drainage) will be conducted by planning and building
inspections when appropriate, and if necessary surety will be retained to ensure compliance. We will
continue to strive to protect the homeowner and community by not issuing a final Certificate of
Occupancy if exterior or final site conditions have not been completed, unless otherwise directed to
do so by Council
Process: No formal revision to guidelines or regulations required.
7. Construction Staging Plans are a waste of time to submit for small residential
projects.
Discussion: Considering the amount of excavation and staging required for many of the remaining
residential lots, we are not comfortable deleting this requirement from the final design application
process. This can be combined with the 'Pollution Control Plan' to eliminate an extra page in the
submittal, however, it should still be required (See Topic #15).
Process: A minor revision to the checklist of final design applications is required.
8. Notify the building community with changes to the design guidelines. Get us
involved earlier.
Discussion: We will notify the building community with major changes to the design guidelines and
building code provided they have an 'active' contractor license with the Town of Avon. Likewise, the
rest of the development community (including designers) will be notified with increased
advertisement in the local newspaper and email on the Town list serve.
Also, we recommend conducting a semi-annual workshop with the building and design community to
continually keep them update with anticipated code changes.
Process: No change is required to the codes, however, an internal policy will be put in place.
9. Building Height definition is confusing and has been interpreted differently over
the years. Clarify what is expected, and we will meet the regulation with our
designs.
Discussion: The existing building height definition is codified in the Zoning Code as:
"Building height means the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive) at any given point to the top of a flat roof or mansard roof or to the
highest ridgeline of a sloping roof. (Ord 91-10)"
The definition lacks clarity on how height is measure within the building, since both "existing" and
"'finished" grades have been interpreted over the years as occurring either entirely outside of the
building and/or inside the building itself (with "finished" grade being considered the slab elevation).
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
The definition can be clarified by adding a final sentence to the effect of:
"Within the building, height shall be measured vertically from any point on a flat roof, mansard roof,
or highest ridgeline (for sloping roofs) to the existing grade directly below said point."
This clarification achieves the desired 'envelope' and stepping of buildings that is supported by the
existing guidelines, and can effectively clean up the Zoning code so no future interpretation is
confused as the guidelines may be modified.
Process: Revise the Zoning Code with a Resolution from Planning & Zoning Commission to Council,
and the passing of an Ordinance (public hearing) from Town Council. Revise the design guidelines
to follow the new definition and delete the existing diagrams.
10. Transfer tax is a disincentive to residents `upgrading' and staying in the Town.
Discussion: It was mentioned that the transfer tax is a disincentive to residents wanting to 'upgrade'
and continue to stay in Avon. Further, it was suggested that an 'exemption' to second time
homebuyers should be available to keep local community members in Town.
Process: The Finance Director will be presenting a brief report to Council that reviews potential
financial implications related to the transfer tax discussion.
11. Why does access to steep lots require a variance? Can this be changed.
Discussion: The Zoning Code has been interpreted to require variances for all 'structures' in the
setbacks. The process appears to 'gain nothing', since many properties were zoned and platted that
clearly and under any design circumstance would require access related structures to occur in the
setbacks. Additionally, the term 'structure' is undefined in the zoning code as it relates to height- it
has been interpreted that structures under four feet in height (namely retaining walls) do not require
a variance.
After further review, it has been determined that access related improvements may have the ability
to no longer require variances from the code, however, the design of such structures will still require
adherence to the Design Guidelines and should still have some 'maximums' in the guidelines so that
the visual portion of retaining walls does not exceed 6 feet. To be clear, any portion of the
building/home will continue to require a variance to exist in the platted setbacks and easements.
Process: An internal shift in policy and regulation interpretation. No change to regulation or
guidelines may be required. Alternately, a change to the zoning code and design guidelines defining
a maximum visible height of structures and how they relate to setbacks can also be implemented,
which would revise the Zoning Code and Design Guidelines with a Resolution from Planning &
Zoning Commission to Council, and the passing of an Ordinance (public hearing) from Town
Council.
12. Incorporation of Wildfire Regulations into Town Code.
Discussion: It was mentioned that the County Wildfire regulations should be used as a model for the
Town and adopted in some manner.
Process: The Town is currently reviewing adoption of the 2003 International Building Code, and may
consider adopting wildfire mitigation measures. However, staff will require additional time to
research where to best insert the appropriate mitigation measures (i.e. design guidelines, zoning
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
f
code, and building codes) to effectively address all the conditions as they exist in Town. Likewise,
staff is reviewing the extent of wildfire survey work done by Eagle County to establish what degree of
survey work may be required to fully understand the different hazard zones as they exist in the
Town.
13. Staffing should keep up with needs of development community.
Discussion: In 2004, we added one new position (Planner 1) to the department to meet the growing
needs and workloads of planning and development review. No change to staffing levels is
anticipated for 2005, and a decrease in staff levels is not contemplated so service can remains
consistent.
14. Subdivision Improvement Agreements (SIA) approach for utilities need
revised. The SIA approach should use bonds instead of cash. The
subcontractors suffer when they cannot be paid in a timely manner because of
warranty requirements.
Discussion: The Subdivision Improvements Agreement (SIA) and corresponding collateral provisions
in the subdivision regulations of the town were adopted to assure that when a subdivision is platted
and property within the subdivision is offered for sale to the general public that basic services such
as access, water, sewer and other basic utilities will be available to the property. Title 16 of the Avon
Municipal Code specifies acceptable forms of collateral and also the terms for release of collateral.
Typical SIA's approved by Council, such as the ones for The Village (at Avon) Filing 1 and Filing 2
have been somewhat more lenient than provisions in the Code. The SIA's typically allow partial
release of collateral based on verified construction progress and have allowed the substitution of a
Bond to provide security during the warranty period, after the specified public improvements are
complete and accepted by the Town.
In some cases required payments made directly to Utility companies such as Holy Cross or Public
Service Company to guarantee services will be installed have been included in the SIA and
corresponding collateral requirements. These payments should be included in the initial collateral to
assure that the services will be provided but it is not necessary to hold retainage or provide funding
during the warranty period. This would apply only to those utilities that install their own facilities upon
receipt of payment from the developer. This would not apply to utilities such as water and sewer that
are installed by the developer and then conveyed to the utility company following successful
completion of their specified warranty period and acceptance by the utility.
Process: Separate direct payments by developer to utility companies for installation of facilities by
the utility from other public improvement costs. Do not hold retainage on these payments nor make
them subject to warranty period as warranty is provided by utility company installing the facilities.
15. Contractors should not be responsible for culvert maintenance and runoff in
ditches that does not appear to be related to their construction activity.
Discussion: Routine culvert maintenance is a priority of the Town, however, maintenance operates
on a budget and prioritized basis. A specific project site and culvert were mentioned during the
hearing. Staff has reviewed that case and found that regardless of the state of the culvert prior to
construction, sufficient silt fencing and other erosion control means were not properly established
and runoff was clearly filling the Town ditch and filling an existing culvert from the site.
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
1r"
The importance of adhering to pollution control plans (and construction staging plans), particularly on
steep slope lots, cannot be overemphasized. Even small residential projects can very quickly
overrun a ditch and culvert, potentially costing the Town increased maintenance and the builder
delays with a project.
Summary:
Community Development appreciates the opportunity to improve and clarify our processes and
requirements for the building and development community. Our overriding mission in all cases is to
be long-term in our thinking and protective of the overall community.
To that extent, we would recommend that Community Development hold a bi-annual meeting with
the development community. This meeting will serve as an open house wherein we can exchange
ideas and discuss regulation and policy matters that may affect development and building in Avon.
The continued dialogue and exchange of ideas creates a user-friendly process and an open
relationship that can still be protective of Town interests and values.
Staff will be available at your work session should you have any questions.
Town Manager Comments:
4t1z' ?fit?C
Community Development Follow-up to Avon Building Community Worksession
June 8, 2004 Town Council Worksession
1997 Uniform Building Code
Section 106.2 Work Exempt from Permit.
5. Retaining walls that are not over 4 feet (1219mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or III-A liquids. i .
NON-STRUCTURAL BOULDER WALL DETAIL
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Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: June 3, 2004
Re: Impacts of Increased Real Estate Transfer Tax Exemptions
Summary:
Based on actual real estate transfer tax transactions occurring in 2003, I have prepared an
analysis of the revenue impacts related to increasing the RETT exemption for 1St time home
buyers. The last time the exemption was changed was January 1, 1998, when it was increased
from $80,000 to its current level of $160,000.
In 2003, 109 exemptions were granted totaling $364,400. Of the 109 exemptions granted, 103
1 St time home buyers paid some amount of RETT.
Exemption Revenue No. of Buyers
Amount Impact Paving Tax
$180,000 $ 40,968 10
200,000 77,038 32
220,000 104,264 48
240,000 124,486 65
I will happy to answer any questions regarding this information at Tuesday's worksession.
Town Manager Comments:
Page 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
i
From: Norman Wood, Town Engineer
Date: June 3, 2004
Re: Real Estate Transfer Tax Reduction - CIP Budget Impact
Summary: The attached Summary Sheets from the Capital Projects Fund
5-Year Plan provides an Ending Fund Balance comparison between the Current 5-Year Plan
and a Revised 5-Year Plan reflecting a $250,000 per year reduction in Real Estate Transfer,
Tax (NETT) Revenues beginning with the 2005 Fiscal Year. For this particular cycle, the
Ending Fund Balance remains on the positive side but has been reduced by $1,000,000 at the
end of 2008.
It should also be noted that the current revenue stream includes $200,000 per year from The
Village (at Avon) as reimbursement for Roundabout Construction and East Avon Street
Improvements. This revenue stream ends in 2008. After 2008 with RETT reduction and the
end of Village Reimbursement Funding, the projected revenues would drop at the rate of
$450,000 per year from the Current 5-Year Plan.
Town Manager Comments: /
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: 6/3/04
Re: Rec Center Sealant
Summary: I was asked by Council to research the idea of painting or re-sealing the
exterior of the Recreation Center.
Background: The block that was used on the building was originally sealed with a
product called Block guard "S". It carried a five-year warranty. At the end of the five-year
period it was determined to be in great shape and we chose to push back the date for budget
purposes. It was intended to include that figure in Facilities Maintenance for the 2005 budget.
Discussion: In my experience, I have not come across a solution for the efflorescence
problem typically associated with Masonry walls. Muratic acid will sometimes take care of it
cosmetically, but does nothing to solve the problem. Painting will hide the problem
temporarily, but as the efflorescence continues, you wind up with bubbling and flaking paint.
Silicone based sealants are worthless at this altitude, but there are some other products on the
market now that offer up to ten years on the warranty.
Recommendation: Staff recommends handling this situation in the budget
process. We would add about $15,000 to Facilities Maintenance in the 2005 budget. This
would also allow us to test some of theses products over the winter and choose one that is
right for our conditions. As for the efflorescence, we will need to step up our annual
maintenance and simply try to stay on top of the cosmetic problem.
Alternatives: Painting the building would cost about twice as much, because a
primer coat needs to be toweled on to fill the deformities in the block.
C:ADocuments And SettingsTmckenny\L,ocal SettingsUemporuy Lntemet Files\OLKB\Counil Memo Rec Building.Doc
Town Manager Comments:
• Page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: 6/3/04
Re: Council Chambers PA /Audio Visual system
Summary: Attached you will find an equipment list and cost estimates to upgrade the
public address system in the Council Chambers, install a new presentation system, and
purchase recording equipment for televised meetings.
Background: The current PA system is a mix of old and new equipment and certain
pieces of equipment have been replaced in the last five years, but the wiring, speakers,
microphones, and some microphone chords are now more than twenty-five years old.
Electrical interference and feedback have always been a problem, so we don't have a lot of
control over the output of the system.
Discussion: The proposed system would replace the current amplifiers along with the
speakers and wiring and eliminate the feedback problems. The presentation system would
allow screen presentation along with monitors at key locations. Electronic presentations such
as PowerPoint would be simple with very little setup. The recording equipment would allow
one person to control different cameras and present the best viewing angles for television.
Financial Implications: As you can see, a project of this magnitude could run
well over $100,000. These cost estimates do not include installation (add about 25%). We
would also need to add about $10,000 for electrical modifications and wiring that will
accommodate the computer network.
Recommendation: If Council wishes to pursue this matter, I would recommend
spending some money on actual design based on our needs. An RFP could be produced from
that and then we could solicit some competitive quotes.
C:ADocuments And SettingsTmckennyTocal SettingsUempomry Intemet Piles\OLKB\Council Memo PA System.Doc
Alternatives: This work could be done in two or three phases, but I would definitely
recommend replacing the audio system first. This would mean budgeting about $25,000 in the
first year for final design, initial wiring, and audio system replacement. The presentation
system and the recording equipment could then be done separately or together in the next two
years.
Town Manager Comments:
• Page 2
Quotation
Date: 5/25/2004
Bob Reed Phone: 970-748-4115
Town of Avon Email: Breed Avon.i
Public Works Director Quote # 52504
Qt y Model Number Description Price Extension
Council Presentation System
1 VHS/DVD JVC VHS/DVD Player Combo Unit (in podium) $200.00 $200.00
1 CIA] 16 Extron Computer Interface with audio and aux video at Podium $795.00 $795.00
1 MAAP Extron triple RCA module $50.00 $50.00
1 MAAP RJ45 network connection $50.00 $50.00
1 mount Extron desk mounting kit (for podium mount) $33.00 $3100
1 SVP6500 Optional Samsung Document Camera $4,500.00 $4,500.00
1 LCDMon Optional Samsung LCD Monitor $270.00 $270.00
1 System 7SC Extron 7 input scaling switch for presentation sources $4,995.00 $4,995.00
1 IN3268 Extron Ix8 VGA DA $775.00 $775.00
1 XGC60 3500 Lumen Ceiling Mounted Projector w/ standard lens $4,500.00 $4,500.00
1 Mnt Ceiling Mount Hardware $250.00 $250.00
5 VG500 15" LCD Monitors (4) on council digs and (1) on staff table $459.00 $2,295.00
1 120 Draper 120" Diagonal Projection Screen, Ceiling Mount, Electric $2,250.00 $2,250.00
1 LVC Low Voltage Controller $200.00 $200.00
1 Custom Remote AMX Control System, NI 4000, custom programming, Color touch $11,000.00 $11,000.00
Control System panel at clerk location, Volume control, etc.,
TOTAL $32,163.00
Audio System
12 MX418S/S Shure Gooseneck Mics $240.00 $2,880.00
2 2280/2201 Polycom Vortex Automatic Audio Mixer with tele-hybrid $4,300.00 $8,600.00
1 CX204V QSC 70 V. Amplifier $935.00 $935.00
12 Ctl 26 Ceiling Speakers $125.00 $1,500.00
1 1020x Feedback Eliminator $850.00 $850.00
2 ULXpkg Shure wireless mic pkg. (1) lavalier and (1) handheld $1,100.00 $2,200.00
1 PMD670/case Marantz Portable Compact Flash Audio Digital Recorder with $900.00 $900.00
reporter style case and battery system
1 Hdst Headset for digital recorder $50.00 $50.00
1 ADA-16 Audio DA for audio routing $250.00 $250.00
1 DATI Rack mount $100.00 $100.00
TOTAL.
$18,265.00
Video Broadcast and Recording Equipment
3 BRC300 Sony 1/3" 3-CCD Camera $4,320.00 $12,960.00
3 WMI 100 Wall Mount $80.00 $240.00
1 RMBR300 Sony Pan Tilt Lens Controller $1,200.00 $1,200.00
1 1291 Communication Specialties Scan Converter $1,780.00 $1,780.00
1 1246 Communication Specialties Rack Mount $120.00 $120.00
5 VDA16 Videotek Video DA $255.00 $1,275.00
2 DATI Rack Mount holds 3 DA's per frame $93.00 $186.00
1 WJMX70 Panasonic 8 Input Video Switcher $6,095.00 $6,095.00
2 VR43P Marshall triple LCD monitors rack mounted $1,050.00 $2,100.00
2 TMAI01 G JVC 10" Color monitors for program and preview $445.00 $890.00
1 RKMTI0 Rack Mount $135.00 $135.00
1 PS4000 Power Script Character Generator $5,900.00 $5,900.00
I DVDR JVC SVHS and DVD dual recorder for meeting archive $1,200.00 $1,200.00
1 Shelf Shelf $]00.00 $100.00
PA estimates 1 of 2
I K8620 Winsted 2 bay Production Console, Overall Dimensions 59-3/4" H x
43-5/8" W x 45"D
TOTAL
Integration and Engineering Services
1 ENG/Consult Site Visit, Needs Analysis, Firm Equipment List and Drawing
documents
l ESI-Labor Installation Labor - Estimate
1 ESI-PM Project Management
I ESI-Cable Cable and Misc. Materials
I PerDiem Travel, lodging and perdiem
I Warranty-I One Year Extended Warranty
"In general, the installation total is approximately 25% of the
equipment pricing
I Freight Freight Estimate
TERMS: 25% Deposit with order, balance COD or Net 30 WAC
F.O.B.: SHIPPING POINT - FREIGHT PREPAID AND ADDED FROM FACTORY
DELIVERY: 4 - 6 WEEKS ARO
Tracey Dailey
Sales Representative
$2,700.00 $2,700.00
$36,881.00
$3,500.00 $3,500.00
TBD
TBD
TBD
TBD
TBD
$1,000.00
We are pleased to submit the above quotation for your consideration. Should you place an order, be assured it will
receive our prompt attention. This quote is valid for 30 days. Thereafter it is subject to change without notice.
CEAVCO Audio-Visual Company, Inc.
6240 W. 54th Ave.
Arvada, CO 80002
Phone: (303) 539-3415
Fax: (303) 539-3401
PA estimates 2 of 2
JI l ;J_I_l._L•J
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer. /
Date: June 3, 2004
Re: Streetscape Lighting Replacement Cost Estimate
Summary: We have looked at some alternates for replacing the existing
Streetscape Light Fixtures with full cut-off fixtures and the impact of the various alternates on
the 5-Year Capital Projects Budget. There are approximately 340 Streetscape Lights in the
system and for budgetary purposes we projected replacement in the 2007 Budget Year. The
alternates evaluated include:
Alternate No. 1 - Replace fixture on existing pole with similar fixture by same
manufacturer that eliminates glow rings and with a flat shielded lens. Estimated cost is $1500
per installed fixture. The attached Alternate No. 1 shows the type fixture and the spreadsheet
shows the projected impact of this installation on the 5-Year Capital Projects Fund Budget.
Alternate No. 2 - Replace fixtures and poles with very basic and simple cut-off type
fixture. Estimated cost is $3,000 per installed fixture. This estimated cost is based on using
existing bases and wiring. The attached Alternate No. 2 shows one type of fixture that would
be included in this category and the spreadsheet shows the projected impact of this installation
on the 5-Year Capital Projects Fund Budget.
Alternate No. 3 - Replace fixtures and poles with a decorative type full cut-off fixture.
Estimated cost for this type fixture is $4,000 per installed fixture. This estimated cost is based
on using existing bases and wiring. The attached Alternate No. 3 shows one type of fixture
that would be included in this category and the spreadsheet shows the projected impact of this
installation on the 5-Year Capital Projects Fund Budget.
I:AEngineering\Administration\CIP Budget\2004\Sveewape Lighting-Memo.Doc
The attached spreadsheets indicate any one of the three Alternates can be added into the
Capital Projects Fund Budget and still maintain a positive Fund Balance through 2008. The
addition of any of these Alternates will reduce funds available for future capital projects.
This has been prepared for information only and requires no action at this time.
Town Manager Comments:
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UNIVERSE COLLECTION TM UCM LUM STR L71MA/A
PAGE 2 OF 2
HORIZONTAL REFLECTOR MODELS
DIMENSIONS: 17°/430MM X 24°/610MM DIA.
IP=65 EPA=1.14 WEIGHT=34LBS.
OAL MODELS
DIMENSIONS: 21 "/545MM x 24"/61 OMM DIA.
IP=65 EPA=1.34 WEIGHT=30LBS.
GR3 - GR5 MODELS
DIMENSIONS: 18.5"/470MM x 24°/610MM DIA.
IP=65 EPA=1.34 WEIGHT=30LBS.
The fixtur allast housing shall be one piece die cast aluminum.
The luminous 'ngs shall be clear acrylic with an internal lens. The lens
shall be lightly iffused acrylic, sealed to the housing and shade with
molded silicon gaskets. The hood and spacers shall be heavy gage
spun aluminu with hemmed edges for added rigidity.
All internal d external hardware shall be stainless steel.
Reflector dels shall consist of a die cast aluminum door frame
and ring ass bly. The hood ring assembly shall be fully sealed with
a molded si one gasket. The door frame shall be hinged to the ring
/open with two captive fasteners for relamping. The tempered
ens is held in the door frame with a molded silicone gasket.
rylic lens - CAL - shall consist of a molded opal acrylic lens
minum frame. Three captive fasteners shall be loosened to
move the lens for relamping,
fractor - GR3/5. A borosilicate glass refractor lens with a
ype 5 distribution shall be attached to an aluminum frame.
Three captive fasteners shall be loosened to turn and remove the lens
for relamping.
OPTICAL ASSEMBLY
The reflector module shall be composed of faceted, semi specular
anodized aluminum panels rigidly attached in an aluminum tray. The
reflector shall be easily removed by loosening four screws and lifting it
out the tray. The reflector tray shall be rotatable on 90° centers for
orienting the light distribution. The reflectors shall meet ANSI-IES
standards for full cutoff reflector systems.
ELECTRICAL
The ballast shall be mounted on a prewired tray with a quick dis-
connect plug and removed by loosening two captive screws. HID bal-
lasts are high power factor, rated for -30°F starting. Sockets are
medium base, pulse rated porcelain. Ballasts are multi-tap, wired at
the factory for 277 volts.
INSTALLATION & MOUNTING
The fixture shall be attached to the arm assembly with three stain-
less steel bolts. The connection shall be sealed with a silicone com-
pression gasket.
The post top - PM - version shall slip over a 47100mm pole or
tenon, and be secured with six stainless steel set screws.
FINISH
Fixture finish consists of a five stage pretreatment regimen with a
polymer primer sealer, oven dry off and top coated with a thermoset
super TGIC polyester powder coat finish. The finish shall meet the
AAMA 605.2 performance specification which includes passing a
3000 hour salt spray test for corrosion resistance.
CERTIFICATION
The fixture shall be listed with ETL and U.L.for outdoor, wet loca-
tion use, UL1598 and Canadian CSA Std. C22.2 NO. 250. IP=65
WARRANTY
Fixture shall be warranted for three years. Ballast components
carry the ballast manufacturer's limited warranty.
ARCHITECTURAL AREA L I G H T I N G
14249 Artesia Blvd / La Mirada, CA 90638
714 994.2700 / fax 714 994.0522 / www.aal.net
Ref:UCMLUMSTR_H.pdf copyright 2003, design patented
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To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Developme?!??
DaL-: June 2, 2004
Re: Community Development Update
VON
C O L O R A D O
Community Development will be providing you all with a brief update on various projects at your
work session, including:
¦ Geneva Crown Club, project and permit status update (Lot 2, Chateau St. Claire
Subdivision)
¦ Barrancas Project (and Cottonwood staging) update
¦ Comprehensive Plan project status update
Community Development Update to Council
June 8, 2004 Worksession
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JUNE 8, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
Call to Order/ Roll Call
2. Citizen Input
a. American National Bank - Presentation of Funding for July 4th event
b. Terry Nolan, Appeal for Real Estate Transfer Tax Exemption
3. Resolutions
a. Resolution No. 04-19, Series of 2004, Resolution approving Temporary Surface
Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado (Norm Wood) - Request for temporary
grading and drainage easement on town owned property
b. Resolution No. 04-21, Series of 2004, Resolution to Amend the 2004 Budget (Norm
Wood / Scott Wright) - Amends the 2004 Budget due to various 2003 audit
adjustments and 2004 services related to legal fees & water rights
Public Hearing
c. Resolution No. 04-20, Series of 2004, Resolution Denying Subdivision Variance and
Preliminary Plan approval for Western Sage P.U.D., A Resubdivision of Lots 54, 55,
89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (Norm Wood)
- Application for Subdivision Variance & Subdivision Preliminary Plan approval for
5190 and 5196 Longsun Lane & 5767 and 5775 Wildridge Road East that would
convert one duplex lot and three tri-plex lots to eight single-family lots.
4. Ordinances
First Reading and Public Hearing
a. Ordinance No. 04-08, Series of 2004, An Ordinance Amending Title 15, Municipal
Code of the Town of Avon, as it Relates to Outdoor Lighting Standards. (Tambi
Katieb) - Council Identified the need for increased outdoor lighting regulations at an
earlier meeting, and this proposed ordinance will address the issues of lighting
because of the significant growth and building activity the Town has and continues to
experience.
Second Reading & Public Hearing
b. Ordinance No. 04-07, Series of 2004, An Ordinance Amending Titles 2, 15 and 17,
Municipal Code of the Town of Avon, as it relates to Appeals from the Decisions of
the Planning and Zoning Commission (John Dunn) - Ordinance that intends to clarify
and consolidate the provisions for appeal of decisions by the Planning & Zoning
Commission
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
Avon Council Meeting. 04.06.08
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JUNE 8, 2004 - 5:30 PM
Page 2
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the May 27, 2004 Regular Council Meeting Minutes
b. Water Rights - Lot 61, Block 2, Benchmark at Beaver Creek (0075 Benchmark
Road) (Norm Wood)
c. Nottingham Road Improvements (1-70 to Buck Creek Road) Inter-Mountain
Engineering, Ltd. Geotechnical Services Proposal (Norm Wood)
d. East Beaver Creek Blvd. Improvements - East Avon Phase 11, Inter-Mountain
Engineering, Ltd. Design and Construction Document Preparation Services Proposal
(Norm Wood)
12. Adjournment
Avon Council Meeting. 04.06.08
Memo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk ?tw
Date: June 3, 2004
Re: Citizen Input -
Information from Terry Nolan on Transfer Tax Exemption Appeal
Summary:
Attached is a letter submitted by Terry Nolan regarding his request to appeal his transfer tax
exemption decision.
To Members of the Avon Town Council:
My wife and I recently moved to the Wildridge subdivision in Avon. We are first-time
homeowners in Avon. We closed on our home on January 27, 2004 and paid $10,380 in transfer
taxes.
Recently I became aware that the Town of Avon offers a transfer tax exemption on the first
$160,000 of the sale assuming the purchaser meets several criteria. We applied for the exemption
but our application was rejected because we applied after closing on the home.
I would like to appeal that decision for the following reasons:
1. At no point during the transaction were we informed by anyone (realtor, mortgage company,
title company) that the exemption existed.
2. I am not aware of any mechanism that the Town of Avon has to inform new residents of the
exemption prior to closing on a new residence.
3. It was mentioned to me that the Town expects new residents to read the Municipal Code and
find the section on Transfer Tax Exemptions prior to closing on a new residence. I believe
that is an unreasonable expectation.
4. I am unclear about the significance of the deadline for filing the exemption. Why not send
the new resident a letter explaining the exemption then set the deadline for filing two months
after closing?
So my question continues to be, how is a new Avon resident supposed to learn of this exemption
and the deadline? The Town has benefited to the tune of $3,200 due to a clerical oversight and a
new citizen is out $3,200 (at least the Federal Government allows taxpayers to file amended returns
when an oversight occurs). It is a kind of catch 22; the Town offers the exemption but doesn't have
a mechanism in place (at least one that I have been told of) that informs the buyer that the
exemption exists.
Thank you for your consideration.
Terry Nolan
4271 Wildridge Road W
845-7848
C7
Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
From: Norman Wood, Town Engineer'/
Date: May 28, 2004 1?
Re: Avon Express Car Wash - Temporary Grading and Drainage Easement
(710 Nottingham Road)
Resolution No. 04-19 - A Resolution Approving Temporary Surface Grading
and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado
Summary: Steven M. Grow, owner of Lot 30, Block 1, Benchmark at
Beaver Creek has submitted a request for a temporary grading and drainage easement on town
owned property, Tract B, Block 1, Benchmark at Beaver Creek. The requested easement will
allow diversion of drainage around the excavation required for construction of the proposed
Avon Express Car Wash on Lot 30. The Building Permit for this project (Permit No. C-
BP2002-8) was issued with a condition, "Access to the site will not be permitted until revised
retaining wall details and related easements have been submitted and approved by the Town of
Avon." The granting of this Easement will meet this condition. Permit No. C-BP2002-8 will
expire June 10, 2004 if work is not commenced by that date.
Mr. Grow has submitted Geotechnical Reports by H-P Geotech that based upon on-site soil
borings indicate the excavation should be stable at a slope of I/4 horizontal to 1 vertical for a
depth of up to 30 feet. Mr. Grow has also submitted a Construction Grading Plan prepared by
Peak Land Consultants that shows that at this slope the excavation required for construction
can be maintained within the Lot 30 property line. The requested easement is to provide an
area to divert surface drainage around the excavation and involves minimal surface grading.
The attached Resolution No. 04-19, Series of 2004 approves the Grant of a fifteen-foot wide
temporary easement on Tract B adjacent to the northerly common lot line of Lot 30. The
Resolution places a number of conditions on the approval of this easement. These conditions
are generally stated as:
n
I:\Engineering\Development Review\Benchmark At BC\Block I Tots 30-311Memo Res 04-19.Doc
1. Requires daily site inspections by Geotechnical personnel to assure compliance with 0
recommendations
2. Excavation slope failure or unanticipated conditions allow suspension of Building
Permit and requires correction or restoration within 3-months from date of occurrence.
3. Requires $250,000 security deposit be made to the Town in the form of cash or letter
of credit to assure correction of potential slope failure problem and or site restoration.
4. Approval is subject to completion of technical corrections to Construction Grading
Plan as identified by staff.
We believe the Grant of Easement as approved by Resolution 04-19, Series of 2004 addresses
issues related to site grading and construction associated with the proposed Avon Express Car
Wash. We recommend approval of Resolution No. 04-19, Series of 2004, A Resolution
Approving Temporary Surface Grading and Drainage Easement for Lot 30, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Recommendation: Approve Resolution No. 04-19, Series of 2004, A
Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30, Block
1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 04-19, Series of 2004,
A Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
e??
C
0 Page 2
• TOWN OF AVON
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION APPROVING TEMPORARY SURFACE GRADING AND DRAINAGE
EASEMENT FOR LOT 30, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Easement (a copy of which is attached hereto and made a part hereof)
complies with Town Standards; and
WHEREAS, the Easement authorizes the property owner of Lot 30, Block 1, Benchmark
at Beaver Creek, to access a portion of the Town of Avon's property, known as Tract B, Block 1,
Benchmark at Beaver Creek and described therein as the "Easement Area" for the limited
purposes of access and construction, and maintaining temporary drainage facilities to divert
stormwater and debris flows around site excavation, in accordance with approved plans
submitted in conjunction with Town of Avon Building Permit Number C-BP2002-8; and
WHEREAS, the exercise of the Easement will be limited to the Planning & Zoning
approval dated September 18, 2001 for the special review use of the car wash located at Lot 30,
Block 1, Benchmark at Beaver Creek Subdivision and Town of Avon Building Permit Number
C-BP2002-8 and shall not be recorded with the Clerk and Recorder of Eagle County until
required security is deposited with the Town of Avon, the initial building permit site inspection is
approved and actual construction commences on the property; and
WHEREAS, the recording and exercise of the Easement is subject to compliance with
specific conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town Council of the Town of Avon, Colorado does
hereby approve the attached Temporary Easement for Lot 30, Block 1, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado subject to:
1. Site excavation shall be subject to daily site review by Professional Geotechnical
representative from Hepworth-Pawlak Geotechnical, Inc. to assure site conditions are consistent
with conditions anticipated in their Reports dated April 6, 2004 and April 20, 2004. Daily
Observation Reports shall be filed with the Town of Avon Building Department no later than two
days following observation. Failure to comply with submittal requirements may result in
suspension of the Building Permit.
C
JAEngineering0evelopment Review\Benchmark at BC\Block 1 Tots 30-31 \Res 04-19 (Easement).doc
2. If any discrepancies in site conditions are observed or any failure of excavated
slope occurs, the Building Permit will be suspended until such time as a solution acceptable to
the Town of Avon is implemented. Failure to implement an acceptable solution within three
months from the date of occurrence may result in termination of the Building Permit and use of
the security deposited with the Town of Avon to restore the site to a stable condition generally
conforming to its original contours.
3. A Security Deposit in the form of cash or a letter of credit acceptable to the Town
of Avon, in the amount of $250,000, to assure adequate funds are available to stabilize a
potential slope failure and restore the site shall be deposited with the Town. Said Security
Deposit will be released upon satisfactory completion and backfill of all retaining walls or upon
satisfactory completion of site stabilization and restoration following slope failure or unresolved
unanticipated conditions.
4. Construction Grading Plan dated May 3, 2004 by Peak Land Consultants shall be
modified to correct technical issues as identified by Town Staff, including installation of berms
to assure positive drainage catch areas at inlets and elimination of all encroachment on Lot 31,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Construction
Grading Plan with required modifications shall be made a part of the Building Permit Plans.
ADOPTED THIS DAY OF , 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenney, Town Clerk
n
L\Engineering\Development Review\Benchmark at BC\Block ITots 30-31\Res 04-19 (Easement).doc
0 GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY EASEMENT made and entered into this day of
, 2004, by and between TOWN OF AVON, a municipal corporation, whose address
is P. 0. Box 975, Avon, Colorado 81620 (hereinafter referred to as the "Grantor"), and Steven M.
Grow whose address is 8 Manette Road, Morristown, NJ 07960-5344 (hereinafter referred to as
the "Grantee");
WITNESSETH THAT:
For Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Grantor by these presents does hereby
grant unto the Grantee, its successors and assigns, a non-exclusive temporary easement
(hereinafter referred to as "Easement Area"), generally described as the southerly fifteen (15) feet
of that portion of Tract B, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County,
Colorado that is adjacent to and parallel with the common northerly lot line of Lot 30, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado and as depicted on Exhibit
"A" attached hereto and incorporated herein, for the limited purposes of access and construction
® and maintenance of temporary drainage facilities to divert stormwater and debris flows around
site excavation, in accordance with approved plans submitted in conjunction with Town of Avon
Building Permit Number C-BP2002-8. At the time of final landscaping, Grantee shall cause the
Easement Area to be restored to substantially the same condition as it was prior to construction
work being commenced.
This easement is for the benefit of and appurtenant to that land described as Lot
30, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (The
Property) and is limited to construction of the building permit and related approvals known as C-
BP2002-8. This easement shall terminate the earlier of (1) if construction does not commence in
accordance with the terms and conditions of C-BP2002-8, (2) if construction is terminated under
C-BP2002-8 or (3) upon the issuance of a Certificate of Occupancy under C-BP2002-8.
This easement shall be used so as not to unreasonably interfere with the rights of
public utilities having easements or rights-of-way, either in existence or of record. Grantee, for
itself, its successors and assigns, agrees that it will operate, repair and maintain all ground
surfaces and drainage facilities in the Easement Area and across The Property to the Nottingham
Road Right-of Way, to the satisfaction of the Grantor, at its own cost and expense during the
term of this easement. Grantees failure to correct any operational, repair or maintenance issue
within 30 days of written notice from Grantor shall be considered a default and the Grantor may
implement any and all steps as it deems necessary to remedy the issue. Grantee shall reimburse
Grantor all direct costs plus an administrative fee of fifteen (15%) percent of the total costs
associated with the correction. These costs shall be assessed as a lien against the property and
the obligation for reimbursement shall run with the land.
L\EngineeringTevelopment Review\Benchmark at BC\Block I \Lots 30-31 \Excavation Easement-Rev.doc
i
Any liability for injury to person or property of Grantor, its employees, agents and
invitees, or of any third persons, as a result of or arising out of or relating to the use or occupancy
of the Easement Area by Grantee shall be borne by Grantee. Further, Grantee agrees to
indemnify, defend, and hold harmless Grantor, its successors and assigns, against any claims for
loss or damage which should result from, arise out of or be attributable to the use of the
Easement Area. Grantee shall provide Certificate of Insurance naming the Town of Avon and its
employees as additional insured.
GRANTOR:
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoing instrument was acknowledged before me this day of
, 2004, by
My commission expires:
Witness my hand and official seal.
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Mayor
Notary Public
E
E
JAEngineering0evelopment Review\Benchmark at BC\Block 1\Lots 30-3 1 \Excavation Easement-Rev.doc
2
GRANTEE:
Steven M. Grow
STATE OF NEW JERSEY )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
, 2004, by
My commission expires:
Witness my hand and official seal.
day of
Notary Public
n
L\EngineeringADevelopment Review\Benchmark at BC\Block ITots 30-31\Excavation Easement-Rev.doc
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Scott Wright, Finance Director
Date: June 3, 2004
Re: Resolution No. 0421, Series of 2004, A Resolution to Amend the 2004 Town of
Avon Budget
Summary: Attached Resolution No. 04-21 Amends the 2004 Town of
Avon Budget. Budget Amendments include, adjusting beginning Fund Balances to reflect
actual balances as determined by the 2003 Audit. Other Amendments are:
General Fund
Town Attorney - Increase Legal Services from $60,000 to $96,000
Transfers-Out to Sherwood Meadows - Decrease from $165,000 to $130,000
Net Change - Increase Expenses $1,000
Water Fund
Water Rights and Augmentation - Increase from $10,000 to $30,000
Net Change - Increase Expenses $20,000
The justification for these Budget Amendments is summarized as:
General Fund / Town Attorney - Legal activities have been very heavy during the first
few months of this year with specific activities related to The Village (at Avon), Lot 61 PUD,
Sherwood Meadows, Swift Gulch MOU and Tract Y in addition to heavier than normal
requests for typical routine activities. The requested increase anticipates that the remainder of
the year will continue with a somewhat increased level of legal activities.
U
1AEngineenng\Water\Water Rights\Budget 04 Memo.Doc
v
General Fund / Transfers-Out to Sherwood Meadows - The requirement for transfers
from the General Fund to the Sherwood Meadows fund has been reduced significantly with
the sale of ten of the eleven units. This reduction will be even more significant in the future
when the reduced ownership will extend over full years.
Water Fund / Water Rights and Augmentation - The work required by both the Water
Engineer and Water Attorney to evaluate the Town's available water rights and related
obligations has been substantially more extensive than originally projected at budget time. A
major part of this time and effort has been spent reconciling information provided by Eagle
River Water & Sanitation District with Town records and actual water consumption. The
proposed Budget should be adequate complete the current evaluation process and to conclude
negotiations with the Upper Eagle Regional Water Authority.
If it becomes necessary to file an application with the Water Court for an Amendment to the
Town's Augmentation Plan, then additional funds will be required. If it appears that this will
be a desirable or necessary action we will try to obtain estimates for the related costs prior to
making a recommendation to council for this action.
Recommendation: We recommend approval of Resolution No. 04-21,
Series of 2004, A Resolution to Amend the 2004 Town of Avon Budget.
Proposed Motion: I make a motion to approve Resolution No. 04-21,
Series of 2004, A Resolution to Amend the 2004 Town of Avon Budget.
Town Manager Comments:
V16
EGG G t l Gd?2 `! 1.l_ 7 - fi tit
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• Page 2
?l
RESOLUTION NO. 04-21
0 SERIES OF 2004
A RESOLUTION TO AMEND THE 2004 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2004 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004.
WHEREAS, the Town Council of the Town of Avon has adopted the 2004
budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2004; and
WHEREAS, the Town Council finds it necessary to amend the 2004 budget to
more accurately reflect the revenues and expenditures for 2004; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are
amended as follows for 2004:
Original or Current
Previously Proposed
Amended Amended
2004 2004
Budget Budget
General Fund
Beginning Fund Balance $ 3,373,340 $ 3,760,312
Revenues and Other Sources 9,554,250 9,554,250
Expenditures and Other Uses 9,623,900 9,624,900
Ending Fund Balance $ 3,303,690 $ 3.689.662
U
1
I
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Original or
Previously
Amended
2004
Budget
$ 1,421,395
232,200
149,413
1,504,182
Current
Proposed
Amended
2004
Budget
$ 1,502,417
232,200
169,413
$ 1,565,204
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Town Manager and made part of the public record of the Town.
ADOPTED this 9`h day of June, 2004.
TOWN OF AVON, COLORADO
Buz Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
2
C
r.
L`
General Fund #10
Amendment No. 2
Fund Summa
REVENUES
Taxes
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Investment Earnings
Other Revenue
Total Operating Revenues
Other Sources
Sales of Fixed Assets
Transfer-In From Capital Projects Fund
Transfer-In From Employee Housing Fund
Capital Lease Proceeds
Total Other Sources
TOTAL REVENUES
EXPENDITURES
General Government
Community Development
Public Safety
Public Works
Recreation and Culture
Total Operating Expenditures
Other Uses
Transfers-Out to Mall Maintenance
Transfers-Out to Debt Service
Transfers-Out to Wildridge SID
Transfers-Out to Finance Authority
Transfers-Out to Transit
Transfers-Out to Sherwood Meadows
Total Other Uses
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
Original or Current
Prev. Amend. Proposed Difference
Actual Budget Budget Amendment Increase
2002 2003 2004 2004 (Decrease)
$ 6,437,045 $ 6,254,926 $ 6,295,186 $ 6,295,186 $ -
571,557 200,251 132,050 132,050 -
603,235 655,910 703,621 703,621
1,470,174 1,760,081 1,832,782 1,832,782 -
44,603 58,675 50,750 50,750
103,463 117,500 140,000 140,000 -
238,873 306,810 269,061 269,061 _
9,468,950 9,354,153 9,423,450 9,423,450
2,362 5,000 5,000 5,000
- 200,000 50,000 50,000
1,407 - - -
339,000 75,800 75,800
3,769 544,000 130,800 130,800 -
$ 9,472,719 $ 9,898,153 $ 9,554,250 $ 9,554,250 $
$ 1,962,978 $ 1,718,367 $ 1,700,894 $ 1,736,894 $ 36,000
480,411 427,423 502,610 502,610 -
1,561,029 1,621,256 1,634,189 1,634,189 -
2,381,528 2,732,440 2,610,031 2,610,031 -
1,931,794 2,039,996 2,020,557 2,020,557 -
8,317,740 8,539,482 8,468,281 8,504,281 36,000
25,000 - - - _
450,000 480,120 480,120 480,120 -
- - 2,500 2,500 -
136,036 140,059 137,999 137,999 -
600,000 700,000 370,000 370,000 -
182,500 150,000 165,000 130,000 (35,000)
1,393,536 1,470,179 1,155,619 1,120,619 (35,000)
9,711,276 10,009,661 9,623,900 9,624,900 1,000
(238,557) (111,508) (69,650) (70,650) (1,000)
3,723,405 3,484,848 3,373,340 3,760,312 386,972
$ 3,484,848 $ 3,373,340 $ 3,303,690 $ 3,689,662 $ 385,972
Page 1
V
General Fund #10
Amendment No. 2
Department Ex enditu re Summaries
Original or Current
Prev. Amend. Proposed Difference
Dept./Div. Actual Budget Budget Amendment Increase
Number Description 2002 2003 2004 2004 (Decrease)
General Government:
Legislative:
111 Mayor and Town Council $ 102,659 $ 92,939 $ 95,549 $ 95,549 $ -
112 Boards and Commissions 12,728 15,105 15,342 15,342 -
113 Town Attorney 77,670 60,000 70,000 106,000 36,000
114 Public Relations 259,539 84,950 60,440 60,440 -
115 Town Clerk 86,707 77,723 94,763 94,763 -
Total Legislative 539,303 330,717 336,094 372,094 36,000
Judicial:
121 Municipal Court 76,061 70,408 71,118 71,118 -
Executive:
131 Town Manager 313,188 220,970 233,083 233,083
132 Human Resources 137,725 127,783 113,958 113,958
Total Executive 450,913 348,753 347,041 347,041
Finance Department:
141 Finance 434,103 424,726 448,266 448,266 -
142 Information Systems 160,746 129,302 128,761 128,761 -
149 Nondepartmental 301,852 414,461 369,614 369,614 -
Total Financial Administration 896,701 968,489 946,641 946,641 -
Total General Government 1,962,978 1,718,367 1,700,894 1,736,894 36,000
Community Development:
211 Administration 132,324 103,515 103,668 103,668 -
212 Planning 130,993 131,157 193,954 193,954 -
213 Building Inspection 217,094 192,751 204,988 204,988 -
Total Community Development 480,411 427,423 502,610 502,610 -
Police Department:
311 Administration 345,503 264,315 268,154 268,154 -
312 Patrol 1,054,662 1,192,761 1,276,572 1,276,572 -
313 Investigations 83,173 87,619 89,463 89,463 -
315 Neighborhood Services 77,691 76,561 - - -
Total Police 1,561,029 1,621,256 1,634,189 1,634,189 -
Page 2
V
I
General Fund #10
Amendment No. 2
Department Expenditure Summaries
Original or Current
Prev. Amend. Proposed Difference
Dept./Div. Actual Budget Budget Amendment Increase
Number Description 2002 2003 2004 2004 (Decrease)
Public Works:
411 Administration 157,671 140,429 89,504 89,504 -
412 Engineering 333,668 356,026 260,843 260,843 -
413 Roads and Streets 758,502 1,154,554 1,127,727 1,127,727 -
414 Facilities Maintenance 408,326 308,976 332,306 332,306 -
415 Parks 723,361 772,455 799,651 799,651 -
Total Public Works 2,381,528 2,732,440 2,610,031 2,610,031 -
Recreation and Culture:
513 Special Events 114,874 183,993 214,549 214,549 -
514 Administration 364,172 341,694 304,910 304,910 -
515 Adult Programs 113,781 98,499 87,242 87,242
516 Aquatics 364,660 370,155 372,447 372,447 -
517 Childcare 63,865 64,300 62,531 62,531 -
518 Fitness 140,636 134,972 103,419 103,419 -
519 Front Desk 223,420 221,361 225,630 225,630
520 Maintenance 468,897 535,248 561,070 561,070 -
521 Youth Programs 77,489 89,774 88,759 88,759
Total Recreation and Culture 1,931,794 2,039,996 2,020,557 2,020,557 -
TOTAL OPERATING
EXPENDITURES $ 8,317,740 $ 8,539,482 $ 8,468,281 $ 8,504,281 $ 36,000
Page 3
Water Fund #24
Amendment No. 1
Fund Summa
Original or Current
Prev. Amend. Proposed Difference
Actual Actual Budget Budget Increase
2002 2003 2004 2004 (Decrease)
REVENUES
Charges for Services
$ 259,622
$ 909,368
$ 207,200
$ 207,200 $ -
Investment Earnings 36,906 16,935 25,000 25,000 -
Other Revenues 5,201 5,276 - - -
Total Operating Revenues 301,729 931,579 232,200 232,200 -
Other Sources - - -
TOTAL REVENUES 301,729 931,579 232,200 232,200 -
EXPENDITURES
Water Utilities 138,090 207,778 84,413 104,413 20,000
Total Operating Expenditures 138,090 207,778 84,413 104,413 20,000
Other Uses
Transfers-Out To Capital Projects
635,000
1,186,931
65,000
65,000
-
TOTAL EXPENDITURES 773,090 1,394,709 149,413 169,413 20,000
NET SOURCE (USE) OF FUNDS (471,361) (463,130) 82,787 62,787 (20,000)
FUND BALANCES, Beginning of Year 2,436,908 1,965,547 1,421,395 1,502,417 81,022
FUND BALANCES, End of Year $ 1,965,547 $ 1,502,417 $ 1,504,182 $ 1,565,204 $ 61,022
Page 1
Memo
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manager
From: Norman Wood, Town Engineer ?%
Date: June 2, 2004
Re: Resolution No. 04-20 - A Resolution Denying Subdivision Variance and
Preliminary Plan Approval for Western Sage P.U.D. a Resubdivision of Lots 54,
55, 89 and 90, Block 4, Wildridge
(5190 & 5196 Longsun Lane and 5767 & 5775 Wildridge Road East)
PUBLIC HEARING
Summary: Jay K. Peterson has submitted an application for a Subdivision
Variance and Subdivision Preliminary Plan approval in conjunction with a PUD Amendment
Application for Lots 54, 55, 89 and 90, Block 4, Wildridge. The proposed PUD Amendment
and Subdivision would convert one duplex lot and three tri-plex lots to eight single-family
lots. The Subdivision Preliminary Plan Application shows the proposed layout of the lots,
street extension for access, and water and sewer service extensions to service the new lots.
Following a public hearing and at the applicants request, the Planning and Zoning
Commission tabled action on the Western Sage P.U.D. Application at their June 1, 2004
meeting. This proposed Subdivision Variance and Preliminary Plan Application should be
considered in conjunction with final action on the proposed Western Sage P.U.D. Application.
The attached Resolution denying the Variance and Preliminary Plan is based upon staff
recommendations to the Planning and Zoning Commission with respect to proposed P.U.D. If
the Planning and Zoning Commission final action does not follow staff recommendations this
Resolution should be modified accordingly to reflect the Commission's action with respect to
the P.U.D. Final action on the Subdivision Variance and Preliminary Plan should
correspond with fmal action on the Proposed P.U.D.
The required Notices of Public Hearing for the Preliminary Plan were mailed and posted prior
to the Planning and Zoning Commission meeting in anticipation that a recommendation
would be forwarded to Council from that meeting. Subsequently, we recommend that
following staff and applicant's presentation of the Preliminary Plan that the Public Hearing be
I:AEngineenng\.Subdivision\WildridgeAWestem Sage PUD\Res 04-20 Memo-l.Doc
opened for public input. Following the Public Hearing, we recommend Council table action
on this Resolution pending receipt of the Planning and Zoning Commission's
recommendation with respect to the corresponding Western Sage P.U.D. Application.
Recommendation:
Table Resolution No. 04-20, Series of 2004, A Resolution Denying Subdivision Variance and
Subdivision Preliminary Plan Approval for Western Sage P.U.D. a Resubdivision of Lots 54, 55,
89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado pending receipt of
recommendation from Planning and Zoning Commission with respect to Western Sage P.U.D.
zoning application.
Proposed Motion:
I move to table Resolution No. 04-20, Series of 2004, A Resolution Denying Subdivision
Variance and Subdivision Preliminary Plan Approval for Western Sage P.U.D. a Resubdivision
of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado pending
receipt of the recommendation from Planning and Zoning Commission with respect to
Western Sage P.U.D. zoning application.
Town Manager Comments:
• Page 2
TOWN OF AVON
RESOLUTION NO. 04-20
Series of 2004
A RESOLUTION DENYING SUBDIVISION VARIANCE AND PRELIMINARY
PLAN APPROVAL FOR WESTERN SAGE P.U.D., A RESUBDIVISION OF
LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Jay K. Peterson has applied for a Subdivision Variance in conjunction with
a Subdivision Preliminary Plan approval for the Western Sage P.U.D. a Resubdivision of
Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, said Application is in conjunction with application for a PUD Amendment
for said Lots 54, 55, 89 and 90, Block 4, Wildridge; and
WHEREAS, said Variance application is to extend the length and increase the density on
a cul-de-sac that currently exceeds length and density standards identified in the Town
Subdivision Regulations; and
WHEREAS, said application for a PUD Amendment for Lots 54, 55, 89 and 90, Block 4,
Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon;
and
WHEREAS, following a public hearing and said review of the proposed PUD
Amendment, the Planning and Zoning Commission recommended Town Council denial
of the proposed PUD Amendment; and
WHEREAS, following a public hearing and review of the proposed PUD Amendment,
the Town Council has confirmed the recommendation for denial by the Planning and
Zoning Commission and has denied the Proposed PUD Amendment; and
WHEREAS, said Application for Subdivision Variance and Preliminary Plan approval is
based upon a subdivision conforming to the Proposed PUD Amendment; and
I:AEngineering\Subdivision\WildridgeAWestem Sage PUD\Res 04-20 Prel Plan.Doc
WHEREAS, the granting of the proposed Subdivision Variance may adversely affect the
use of the land in the immediate area of the resubdivision; and
WHEREAS, the Proposed Subdivision Preliminary Plan is not in conformance with the
current PUD Zone District.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Proposed Subdivision Variance and Preliminary Plan for Lots 54, 55, 89 and 90, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado is hereby denied for the following
reasons:
A) The Public Hearing process has demonstrated an area of significant local
interest opposed to the Proposed P.U.D., Subdivision Variance and
Subdivision Preliminary Plan.
B) The Preliminary Plan will result in encroachment into Non-Developable
Areas as identified on the current Wildridge Plat
C) The granting of the Variance will adversely affect the use of the land in
the immediate area of the tract in question.
D) The Preliminary Plan does not conform to current PUD Zone District
ADOPTED THIS DAY OF June, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
I:\Engineering\Subdivision\Wildridge\Western Sage PUD\Res 04-20 Prel Plan.Doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, AICP, Community Developme
C O L O R A D O
Matt Pielsticker, Community Development
Date: June 2, 2004
Re: First Reading of Ordinance 04-08, recommending approval of Chapter 15.30
"Outdoor Lighting Ordinance" of the Avon Municipal Code - PUBLIC HEARING
Summary
Town Council heard the first reading of this ordinance on May 25, 2004, opening public
comment and providing staff with direction on several considerations for the ordinance
before tabling action on first reading to this date for further discussion.
The Town Council identified the need for increased outdoor lighting regulations at a meeting
earlier this year. Staff was directed to investigate and propose a solution to this issue
because of the significant growth and building activity the Town has and continues to
experience.
After several months of consideration, public hearings (including a night-time tour of existing
outdoor lighting), and revisions of draft formats and regulatory language, the Planning and
Zoning Commission approved Resolution 04-14 at their May 18tl', 2004 meeting,
recommending approval of Chapter 15.30 "Outdoor Lighting Ordinance" to the Council.
Attached to this memo is a `strikethrough' version of the ordinance based on direction by
Council at the May 25, 2004 hearing. This version of the ordinance also contains areas in
bold that represent new language added to the ordinance. Revisions include:
¦ Sign Lighting Hours. Clarified the restriction for evening and morning operation
¦ Holiday Lighting. More stringent language in the holiday lighting section per the
comments received by Council.
¦ Floodlighting. The definition has been changed to clarify the acceptable angle of light
emission from the shielded floodlight.
¦ Uplighting. Now permitted for address markers, landscaping provided it meets the
intent of the standards for glare and trespass.
Memo to Town Council, June 8, 2004 Page 1 of 3
Outdoor Lighting Ordinance, First Reading (cont.) of Ordinance 04-08 (PUBLIC HEARING)
¦ Clear glass in Luminaires. Now permitted provided it meets the intent of the low
voltage luminaries and the standards for glare and trespass.
¦ Municipal Lighting. Staff does not recommend that municipal lighting exemptions for
public health, safety and welfare be removed.
¦ Variance Provision. Deleted from the proposed ordinance. An appeals process is
still available.
Discussion:
Staff recommends that you continue the public hearing on first reading and discuss the
merits and pros and cons of the ordinance as proposed, discussing the changes to the
ordinance requested at your first hearing.
Provided the changes are acceptable, we would recommend you approve this Ordinance
on first reading. You will hold at least one other public hearing on second and final reading.
Available actions:
1. Continue the public hearing on First reading, and adopt Ordinance 04-08 approving
Chapter 15.30 "Outdoor Lighting Ordinance."
2. Continue the public hearing on First Reading, and deny Ordinance 04-08.
Recommended Motion:
"I move to approve Ordinance 04-08, approving the "Outdoor Lighting Ordinance", on first
reading"
Manager Comments:
Fv
Attachments:
A- Ordinance 04-08 adopting Chapter 15.30 in the Avon Municipal Code
B- Planning & Zoning Resolution 04-14 (and packet from May 18, 2004 P&Z meeting)
Memo to Town Council, June 8, 2004 Page 2 of 3
Outdoor Lighting Ordinance, First Reading (cont.) of Ordinance 04-08 (PUBLIC HEARING)
ORDINANCE NO. 04-08
COLORADO:
AN ORDINANCE AMENDING TITLE 15, MUNICIPAL CODE
OF THE TOWN OF AVON, AS IT RELATES TO OUTDOOR
LIGHTING STANDARDS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Title 15, Avon Municipal Code, is amended by the
addition of a new Chapter 15.30 as follows:
Chapter 15.30
S ecti on s
OUTDOOR LIGHTING ORDINANCE
15.30.010 Intent and Purpose
15.30.020 Applicability
15.30.030 Lighting Plan
15.30.040 Violations & Penalty
15.3 50 Varianee Provision
15.30.060 Appeals
15.30.070 Definitions
15.30.010 Intent and Purpose. The Town of Avon is experiencing a significant increase in
the use of exterior illumination. Town residents' value small town character and the qualities
associated with this character, including the ability to view the stars against a dark sky. They
recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and
unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary
electricity use.
This Chapter is intended to help maintain the health, safety, and welfare of the residents of Avon
through the regulation of exterior lighting in order to:
A. Promote adequate light for safety and security;
B. Reduce light pollution, light trespass beyond property lines, and offensive light sources;
C. Provide cost effective lighting and to conserve energy;
D. To prevent inappropriate and poorly designed or installed outdoor lighting;
E. To eliminate glare;
F. Eliminate the escalation of nighttime light pollution and to protect and reclaim the ability to
view the night sky.
'3
15.30.020 Applicability. The lighting standards of this Chapter shall be applicable to all
exterior lighting within the Town of Avon. All exterior lighting installed after the effective date
of this Chapter shall conform to the standards established by this Chapter.
All existing lighting installed before the effective date of this Chapter shall be brought into
conformance with the Chapter within three (3) years from the date of adoption of this Ordinance,
or by June _, 2007.
15.30.020 General Outdoor Lighting Standards.
The following lighting standards shall apply to all properties located within municipal
boundaries:
A. The style, color, and design of the fixtures shall be compatible with the overall design
concept and use of materials for the building, site and area of the lighting plan.
B. All lighting shall be shielded such that the source of illumination (bulb) is not visible
from the property line thereby reducing glare and interference with boundary streets
and adjacent properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
C. All sign lighting and lighting not used for safety purposes must be turned off by 11:00
p.m. or no later than one hour past the posted closing hours, whichever is less
restrictive. All sign lighting and lighting not used for safety purposes may not be
turned on earlier than 5:00 a.m., or 1 hour before the posted opening hour,
whichever is less restrictive.
D. All lighting (including, but not limited to street, parking lot, security, walkway and
building) shall conform with the 111ti ,mating E .eefi S t fN f4 n
(ric) ,rite -i the definition for full cut-off fixtures with the light source downcast and
fully shielded, with the following exceptions:
Holiday lighting from November I" to March 1 s'Alareh 15'h.
Flashing lights on residential properties are diseoufaged
prohibited and holiday lights are eneet r-age? *.c shall be turned
off by 11:00 p.m.
2. Sensor activated luminaries, provided:
a. It is located in such a manner as to prevent glare and
lighting onto properties of others or into the public
right-of-way.
b. The luminaire is set to only go on when activated and to
go off within five minutes after activation has ceased.
c. The luminaire shall not be triggered by activity off the
property.
3. All temporary emergency lighting needed by the Fire and
Police Departments, or other emergency agencies.
4. Floodlights with external shielding can be deflected up to
twenty five (25) degrees from a vertical plane as measured
through the central axis of the light beam from the luminaire,
Ifem the eenter- efthe light extended to the gfound, and only if
the luminaire does not cause glare or light to shine on adjacent
property or public rights-of-way.
5. Uplighting for flags, address markers, and low-voltage
landscape lighting provided the luminaire is located, aimed,
and shielded so that direct illumination is focused exclusively
on the flag, address marker, or landscape feature and away
from adjoining properties and the public street right-of-way.
In all cases, uplighting must not cause glare or light
trespass.
6. Luminaires that have a maximum output of one thousand
lumens per fixture, regardless of number of lamps (equal to one
sixty [60] watt incandescent light), may be partially shielded
provided the bulb is not visible, and the luminaire has an
opaque top or is under an opaque structure utilizing frosted,
opalescent, or iridescent glass. Clear glass luminaries may
be acceptable provided the output is shielded through the
architecture of the structure and does not cause glare or
light trespass beyond the property.
7. Temporary (2 days or less) high intensity discharge
floodlighting may be used for sports lighting and Town
sponsored events provided that the lighting be turned off no
later than one hour after the event is concluded. The fixtures
must be aimed so that their beams are directed and fall within
the primary playing or performance area.
8. All permanent sports and event lighting shall be equipped with
a glare control package (louvers, shields, or similar devices)
and the fixtures must be aimed so that beams are directed and
fall within the primary playing area and light trespass is
minimized.
9. Municipal lighting installed for the benefit of public health,
safety, and welfare including but not limited to traffic control
devices and construction lighting.
15.30.030 Lighting Plan. An outdoor lighting plan shall accompany all design and building
permit applications (except single family and duplex applications) shall be submitted separately
from other drawing information. All lighting plans shall be subject to approval through the
design review process by the Planning and Zoning Commission. A user's guide with examples
of compliant light fixtures is available in the Community Development office.
6
Those projects not requiring design review by the Town shall be required to submit a lighting
plan that conforms to the standards outlined herein at the time of building permit for new
construction. The lighting plans and/or specifications shall show:
1. The type and luminous intensity of each light source and wattage (e.g. Incandescent,
halogen, high-pressure sodium);
2. The type of fixture (e.g. floodlight, full-cutoff, lantern, coach light);
3. Fixture location and height above of all proposed and existing light fixtures;
4. Shielding and all mounting details;
5. Manufacturer cut-sheet and/or specification materials with scaled drawings or
photographs including: initial lumen rating, color rendering index, and wattage of
each lamp;
6. Any other information deemed necessary by the Community Development Inspector
to document compliance with the provisions of this Chapter.
15.30.040 Violations & Penalty. It is unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this title. If the Community Development
Inspector finds that any provision of this Chapter is being violated, the Community Development
Inspector shall give notice by certified mail, return receipt requested, of such violation to the
owner and/or to the occupant of such premises, requesting that the violation be abated within
sixty (60) days of the date of mailing of the notice.
If the violation is not abated within the sixty (60) day period, the violator shall be punished by a
fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both
such fine and imprisonment. The Community Development Department staff shall be available
to assist in working with the violator to correct said violation.
i5.30-.050 Var-ianee Pr-ovision. The Planning and Zoning Commission shall have author-it
umeeessar-y physieal hardships, ineensistent with the ebjeetives of this Chaptef, as would r-esult
fee °tfiet ^" liter-"a! interpretation a fer-eement
v?aiv? Vl 111.V1{.41
sh ll , VV11J sider- the f llowing f et s
Jll(111
.
1. The relationship of the r-equested vafianee to existing and potential uses and stfuetufes
the vieinit[-,
in Z Z
2. The e _ e ifftefpfetation and enfefeement of -a
W.. b sites w ..:the viaff't
W
1. That the gfanting of the varianee will not eanstitute a grand ef speeial privilege
ineonsistent with the lifflitations on other pr-eperties in the vieinity;
a. The striet of literal interpretation a-ad enfereeraen4 of the fegulationwatil
the objeetiye, of this Chapter
b. There are exeeptional or extraordinary eireurnstanees or eonditions applieable
to the site of the varianee that do not apply generally to other properties in t1fle
vieinity,
15.30.060 Appeals.
All appeals of this chapter shall be processed in accordance with Title 2, Chapter 16 of the Avon
Municipal Code.
15.30.070 Definitions.
Exterior Lighting. Temporary or permanent lighting that is installed, located or used in such a
manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to
light something outside are considered exterior lighting.
Fixture Height. Vertical distance from the ground directly below the centerline of the fixture to
the lowest direct light emitting part of the fixture.
Full cut-off fixture. A fixture designed and installed where no light is emitted at or above a
horizontal plane running through the lowest point on the fixture. as define by the T"umifieti
Engineering Society of Not Ameriea's (TES) t
Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no light to
escape through the barrier.
Glare. Stray, unshielded light striking the eye that may result in (a) nuisance or annoyance glare
such as light shining into a window; (b) discomfort glare such as bright light causing squinting of
the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into
shadows or (d) reduction of visual performance.
Light Pollution. Any adverse effect of manmade light including, but not limited to, discomfort to
the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction
to the eye, or any manmade light that diminishes the ability to view the night sky.
Light Source. The element of a lighting fixture that is the point of origin of the lumens emitted
by the fixture. Also referred to as `bulb.'
Light Trespass. Light falling on the property of another or the public right-of-way when it is not
required to do so.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 81h day of June, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the day of , 2004, 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 day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
q
John W. Dunn, Town Attorney
•
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-14
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF CHAPTER 15.30 "OUTDOOR
LIGHTING ORDINANCE" TO THE TOWN COUNCIL
WHEREAS, Chapter 2.16 of The Avon Municipal Code establishes the purposes of the
Planning & Zoning Commission to assist the Town Council in preserving the natural
beauty of the Town and support the objectives of the existing Design Review Guidelines ;
and
•
WHEREAS, the Planning & Zoning Commission realize that access to a clear and visible
night sky is a strong value to the community, and that light pollution continues to be a
threat to the clear skies that are a part of the heritage of the Rocky Mountain West; and
W HEREAS, all property in the Town of Avon should comply with the Town goals in the
preservation of the night sky, including those properties that currently emit an excessive
amount of light that has been determined to be a nuisance and detrimental to the policy
objectives stated herein; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached Chapter
15.30 - Outdoor Lighting Ordinance ("Exhibit A"), and held numerous public meetings to
discuss the goals and objectives of the proposed amendment to the Town Code;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of the Avon Municipal Code
. Section 15.30 - Outdoor Lighting Ordinance ("Exhibit A") in order to amend the existing
Avon Municipal Code Section 15 as adopted.
FAManning & Zoning Conmiission\Resolutionst20041Res 04-14 Lighting Ordinance Adoption.doc
ADOPTED THIS 18th DAY OF MAY, 2004
Sign
Date:
Chris Evans, Chair
Attest:
\r
Date: C"
Terry Smith, Secretary
F Tlanning & Zoning Commission\Resolutions\2004\Res 04-14 Lighting Ordinance Adoption.doc
•
L'
*Memo
To: Planning and Zoning Commission
From: Tambi Katieb, Community Developmejl? ,
Matt Pielsticker, Community Development ?j_?-C
Date May 13, 2004
Re: Proposed Lighting Ordinance - Resolution No. 04-14
VON
C O L O R A D O
Summary
At your May 4"', 2004 Planning and Zoning Commission meeting we reviewed a final
draft lighting ordinance. This draft was in response to numerous discussions we
have had over the last several months, as well as a nighttime tour with members of
the public.
In response to the feedback received over the course of these meetings, as well as
at your last meeting, we are forwarding for your approval a revised ordinance that
has been amended as follows:
• Applicability. All outdoor lighting in Town must comply with the ordinance
within 3 years from adoption. There is no staggering between residential and
commercial (or mixed use) properties.
¦ Curfew. All commercial sign lighting and lighting not used for security or
safety purposes shall be turned off by 11:00 p.m. or no later than one hour
past the posted closing hours of a business.
¦ Temporary Event Lighting. Event lighting and temporary high intensity
floodlighting may be used provided that the lighting be turned off no later than
one hour after the event is concluded. Temporary lights do not have to be
equipped with shielding devices or glare packages.
¦ Permanent Sports Lighting. A section was added for permanent sports
lighting and requires glare control packages.
• Lighting Plans. Multifamily Projects (less than 3 units) must only submit a
lighting cut sheet to the Town to determine compliance. All other projects
must submit a lighting plan per the regulation.
Recommendation
Attached for your review is a complete Lighting Ordinance and draft "Users Guide".
Staff is recommending approval of Resolution No. 04-14, forwarding the proposed
ordinance to Town Council for final adoption.
Outdoor Lighting Ordinance (Chapter 15.30 Avon Town Code)
Resolution 0414, Recommending Adoption to Town Council May 18, 2004 Page 1 of 2
\v
Recommended Motion .
" I move to approve Resolution 04-14, recommending to Town Council the adoption
of Chapter 15.30 "Outdoor Lighting Ordinance" formally amending the Town Code"
Exhibits
A. Resolution 04-14.
B. Proposed Outdoor Lighting Ordinance, Chapter 15.30 (Exhibit "A" to Resolution
04-14.
C. Draft "Town of Avon Lighting Ordinance Use's Guide"
0
•
Outdoor Lighting Ordinance (Chapter 15.30 Avon Town Code)
Resolution 04-14, Recommending Adoption to Town Council May 18, 2004 Page 2 of 2
• Exhibit "A" to Resolution 04-14
Chapter 15.30
OUTDOOR LIGHTING ORDINANCE
Sections:
15.30.010 Intent and Purpose
15.30.020 Applicability
15.30.030 Lighting Plan
15.30.040 Violations
15.30.080 Definitions
15.30.010 Intent and Purpose. The Town of Avon is experiencing a significant
increase in the use of exterior illumination. Town residents' value small town character
and the qualities associated with this character, including the ability to view the stars
against a dark sky. They recognize that inappropriate and poorly designed or installed
outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the
nighttime sky, and results in unnecessary electricity use.
. This Chapter is intended to help maintain the health, safety, and welfare of the residents
of Avon through the regulation of exterior lighting in order to:
A. Promote adequate light for safety and security;
B. Reduce light pollution, light trespass beyond property lines, and offensive light
sources;
C. Provide cost effective lighting and to conserve energy;
D. To prevent inappropriate and poorly designed or installed outdoor lighting;
E. To eliminate glare;
F. Eliminate the escalation of nighttime light pollution and to protect and reclaim the
ability to view the night sky.
15.30.020 Applicability. The lighting standards of this Chapter shall be applicable
to all exterior lighting within the Town of Avon. All exterior lighting installed after the
effective date of this Chapter shall conform to the standards established by this Chapter.
All existing lighting installed before the effective date of this Chapter shall be brought
into conformance with the Chapter within three (3) years from the date of adoption of this
Ordinance, or by June _, 2007.
15.30.020 General Outdoor Lighting Standards.
• The following lighting standards shall apply to all properties located within municipal
boundaries:
1?
A. The style, color, and design of the fixtures shall be compatible with the overall design
concept and use of materials for the building, site and area of the lighting plan.
B. All lighting shall be shielded such that the source of illumination (bulb) is not visible
from the property line thereby reducing glare and interference with boundary streets
and adjacent properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
C. All commercial sign lighting and lighting not used for safety purposes (including
interior lights) must be turned off by 11:00 p.m. or no later than one hour past the
posted closing hours.
D. All lighting (including, but not limited to street, parking lot, security, walkway and
building) shall conform with the Illuminating Engineering Society of North America
(IES) criteria for full cut-off fixtures with the light source downcast and fully
shielded, with the following exceptions:
1. Holiday lighting from November I51 to March 15`h. Flashing lights on
residential properties are discouraged and holiday lights are encouraged to be
turned off by 11:00 p.m.
2. Sensor activated luminaries, provided:
a. It is located in such a manner as to prevent glare and lighting onto
properties of others or into the public right-of-way.
b. The luminaire is set to only go on when activated and to go off within
five minutes after activation has ceased.
c. The luminaire shall not be triggered by activity off the property.
3. All temporary emergency lighting needed by the Fire and Police Departments,
or other emergency agencies.
4. Floodlights with external shielding shall be angled provided that no light is
directed above a twenty-five (25) degree angle measure from the vertical line
from the center of the light extended to the ground, and only if the luminaire
does not cause glare or light to shine on adjacent property or public rights-of-
way. (See Figure 2)
5. Uplighting for flags provided the luminaire is located, aimed, and shielded so
that direct illumination is focused exclusively on the flag and away from
adjoining properties and the public street right-of-way.
6. Luminaires that have a maximum output of one thousand lumens per fixture,
regardless of number of lamps (equal to one sixty [60] watt incandescent
light), may be partially shielded provided the bulb is not visible, and the
luminaire has an opaque top or is under an opaque structure utilizing frosted,
opalescent, or iridescent glass. (See Figure 3)
7. Temporary (2 days or less) high intensity discharge floodlighting may be used
for sports lighting and Town sponsored events provided that the lighting be •
turned off no later than one hour after the event is concluded. The fixtures
• must be aimed so that their beams are directed and fall within the primary
playing or performance area.
S. All permanent sports lighting shall be equipped with a glare control package
(louvers, shields, or similar devices) and the fixtures must be aimed so that
beams are directed and fall within the primary playing area and light trespass
is minimized.
9. Municipal lighting installed for the benefit of public health, safety, and
welfare including but not limited to traffic control devices and construction
lighting.
15.30.030 Lighting Plan, An outdoor lighting plan shall accompany all design and
building permit applications (except single family and duplex applications) shall be
submitted separately from other drawing information. All lighting plans shall be subject
to approval through the design review process by the Planning and Zoning Commission.
A user's guide with examples of compliant light fixtures is available in the Community
Development office.
Those projects not requiring design review by the Town shall be required to submit a
lighting plan that conforms to the standards outlined herein at the time of building permit
for new construction. The lighting plans and/or specifications shall show:
. 1. The type and luminous intensity of each light source and wattage (eg.
Incandescent, halogen, high-pressure sodium);
2. The type of fixture (eg. floodlight, full-cutoff, lantern, coach light);
3. Fixture location and height above of all proposed and existing light fixtures;
4. Shielding and all mounting details;
5. Manufacturer cut-sheet and/or specification materials with scaled drawings or
photographs including: initial lumen rating, color rendering index, and
wattage of each lamp;
6. Any other information deemed necessary by the Community Development
Inspector to document compliance with the provisions of this Chapter.
15.30.040 Violations. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this title. If the Community Development
Inspector finds that any provision of this Chapter is being violated, the Community
Development Inspector shall give notice by certified mail, return receipt requested, of
such violation to the owner and/or to the occupant of such premises, requesting that the
violation be abated within sixty (60) days of the date of mailing of the notice.
The Community Development Department staff shall be available to assist in working
with the violator to correct said violation. If the violation is not abated within the sixty
• (60) day period, the violator shall be punished by a fine of not more than one hundred
dollars for each and every day during which the violation of any provision of this Chapter
is committed, continued, or permitted.
\V
•
15.30.080 Definitions.
Exterior Lighting. Temporary or permanent lighting that is installed, located or used in
such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are
intended to light something outside are considered exterior lighting.
Fixture Height. Vertical distance from the ground directly below the centerline of the
fixture to the lowest direct light emitting part of the fixture.
Full cut-off fixture. A fixture designed and installed where no light is emitted at or above
a horizontal plane running through the lowest point on the fixture as defined by the
Illuminating Engineering Society of North America's (IES) criteria.
Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no
light to escape through the barrier.
Glare. Stray, unshielded light striking the eye that may result in (a) nuisance or
annoyance glare such as light shining into a window; (b) discomfort glare such as bright
light causing squinting of the eyes; (c) disabling glare such as bright light reducing the
ability of the eyes to see into shadows or (d) reduction of visual performance.
Light Pollution. Any adverse effect of manmade light including, but not limited to, •
discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the
uncomfortable distraction to the eye, or any manmade light that diminishes the ability to
view the night sky.
Light Source. The element of a lighting fixture that is the point of origin of the lumens
emitted by the fixture. Also referred to as `bulb.'
Light Trespass. Light falling on the property of another or the public right-of-way when
it is not required to do so.
0
0 Figure 1
What is a True Full Cutoff Outdoor Lighting Fixture?
Yes
Yes
Flat glass lens, eliminates or minimizes direct glare, no upward throw of light. The housing for
these fixtures are available in many styles.
Yes
No
Same fixture as above mounted incorrectly - defeating the horizontal mounting design. The fixture
now produces direct Blare. and can also produce uplieht at steeper mountine aneles.
No
n
u
No--TL-!!
Known as just "Cutoff' Center "drop" or "sag" lens with or without exposed bulb, produces direct glare.
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AV 0 N C 0 L 0 R A D 0 Town of Avon Lighting Ordinance User's Guide
In June of 2004 the Town of Avon passed a Lighting Ordinance that
applies to all exterior lighting in the Town. The goal of the Ordinance
is to promote adequate light for safety and security while reducing
light pollution and glare experienced from poorly designed and
installed light fixtures.
All outdoor light fixtures must comply with the Ordinance by June of
2007. This includes the replacement of existing outdoor fixtures that
do not comply with the requirements.
Nearly all manufacturers have products that comply and products that
are non-compliant in regards to light pollution. This guide will be
updated periodically in order to offer a variety of compliant light
fixtures to the residents and businesses of Avon.
The following light fixtures are considered "full-cutoff" and compliant
with Avon's Lighting Ordinance.
F
mounted with light bulb Nily recessed
Sconce style hdl
Full Cutoff Shaped sconce
AQ
ware ousrer parem assign cutoff
Compliant "Full Cutoff" fixtures (cont'd)
Fixtures that have a maximum output of 1,000 lumens (equal to one
[60] watt incandescent light), may be partially shielded provided the
bulb is not visible, and the luminaire has an opaque top or is under an
opaque structure utilizing frosted, opalescent, or iridescent glass.
The following light fixtures are "partially shielded"
than 1 000 lumens.
with the Ordinance only with a bulb output o
1?
WAN mow fau, ..mio, ym"
Partially shielded entry bA e with
Pa
Acceptable partially shielded fixtures (cont'd)
Partially shielded wkh opalescent glass
The following examples are compliant with the Ordinance and may be
used for commercial, security or parking lot lighting.
:J
Fully recessed carWy
n
12)
Canpilw# 'hall p me dw07 fixture
run wmnl NnrRniy ebin
.,
Floodlights
With external shielding, floodlights are permitted in Town provided
that no light is directed above a twenty-five (25) degree angle and
only if the fixture does not cause glare or light to shine on adjacent
properties or public rights-of-way. (See Figure 2)
2S
floodlight angle
angle
The following light fixture examples DO NOT comply with the Town
Lighting Ordinance:
glass
n
improperly aimed high output flood
C]
No up
flag lighting)
pack" design with visible bulb
Prior to the retrofitting of any current non-compliant light fixtures, it is
highly recommended that contact be. made with the Community
Development Department. A lighting cut sheet is required in order to
determine if conformity with the Ordinance is possible.
This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. It is simply a guide to
illustrate that there are a number of styles of lighting that are compliant with Avon's t_igh*V Ordinance.
Sources Include: www.darksky.orglffxturesires.html, www.homedepot.com, www.seaguillighting.com,
www.kichier.com/kichlercatalog.isp, www.regentlighting.com
/P
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE RELATING TO APPEALS FROM DECISIONS
OF PLANNING AND ZONING COMMISSION
DATE: May 6, 2004
You have on your agenda an ordinance which is intended to clarify and consolidate
the provisions for appeal of decisions of the Planning and Zoning Commission.
Under this ordinance, there will be only one provision governing appeals, contained
in Section 2.16.160. Most of the subsections of that section are set forth in the ordinance tendered
to you. As you can see, subsection (b) defines "interested parties" as adjacent property owners or
persons who received notice. Provisions for call-up by the mayor are currently in the code.
Subsection (c) sets the time for appeal at 15 days. The code currently provides a
time for appeal of either 30 days or 7 days from delivery of the decision to council and the
applicant, depending on what the Commission acted on.
The amendments to subsections (d) and (e) are "housekeeping" amendments which
are not substantive in nature. The remaining sections of the ordinance repeal other appeal
provisions and a duplicative provision with respect to obtaining additional information.
Because this ordinance in part amends the Town's zoning code, it needs to be
forwarded to the Planning and Zoning Commission for review and recommendation. I recommend
that council adopt this ordinance on first reading, refer it to the Planning and Zoning Commission
for review at their next meeting and schedule final reading on June 8.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-07
SERIES OF 2004
AN ORDINANCE AMENDING TITLES 2,15 AND 17,
MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY T14E TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Subsection (a) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(a) Appeal of any decision of the Planning and Zoning Commission shall
be governed by the provisions of this section."
Section 2. Amendment. Subsection (b) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(b) Decisions of the Planning and Zoning Commission may be appealed
to the Council by the applicant or any interested person or may be reviewed at the
request of the Mayor at any time before the decision becomes final. An
"interested person" is an adjacent property owner or a person entitled to have
notice of the hearing mailed to him in association with the action of the
Commission."
Section 3. Amendment. Subsection (c) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(c) Within five (5) working days following action of the Planning and
Zoning Commission, notification of its decision shall be deposited in the United
States mail to the applicant or his or her designated agent. The decision shall
become final unless a written appeal or request for review by the Mayor is
received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission."
Section 4. Amendment. Subsection (d) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(d) Not more than thirty (30) days following the filing of an appeal or the
request for review by the Mayor, the Town Council shall review the action of the
Planning and Zoning Commission. The Town Council shall, in writing, confirm,
modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to
provide the basis for a sound decision, the Town Council may postpone final action
for not more that thirty (30) additional days. Failure of the council to act within the
thirty (30) additional days shall be deemed action confirming the decision of the
Commission unless the applicant consents to a time extension. Action of the Town
Council shall become final immediately."
Section 5. Amendment. Subsection (e) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
(e) Any decision by the Town Council which results in action modifying or reversing
the decision of the Planning and Zoning Commission shall specifically describe the
reasons therefor.
Section 6. Repeal. Section 17.12.110, Chapter 12 of Title 17, Avon
Municipal Code, is repealed.
Section 7 Repeal. Section 17.36.080, Chapter 36 of Title 17, Avon
Municipal Code, is repealed.
Section 9 Repeal. Paragraph (5) of Subsection (b) of Section 15.28.090,
Chapter 28 of Title 15, Avon Municipal Code, is repealed.
Section 10. Repeal. Section 17.36.090, Chapter 36 of Title 17, Avon Municipal
Code, is repealed.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 1 lth day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 8th day of June, 2004, 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
Ordinance No. 04-07 Appeal P&Z Decisions
Page 2 of 3
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 04-07 Appeal P&Z Decisions
Page 3 of 3
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-18
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE 04-07,
AMENDING THE APPEALS PROVISIONS OF TITLES 2,15 AND 17 OF THE AVON
MUNICIPAL CODE TO THE TOWN COUNCIL
WHEREAS, Titles 2, 15 and 17 of The Avon Municipal Code establish appeals procedures
from decisions of the Planning & Zoning Commission; and
WHEREAS, the Planning & Zoning Commission appeals process is proposed to be
consolidated so duplicative and conflicting appeals provisions are not subject to confusion
by the public; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached Ordinance
04-07 Series of 2004 ("Exhibit A"), and held a public hearing as required by the Avon
Municipal Code to review the proposed amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of Ordinance 04-07 Series of 2004
in order to amend the existing Avon Municipal Code as adopted.
ADOPTED THIS 1st DAY OF JUNE, 2004
Signed:
Date:
Chris Evans, Chair
Attest:
Date: lo 2?a
Terry SmW,ecretary
PTIanning & Zoning Commission\Resolutions\2004\Res 04-I8 Appeals Ordinance Adoption.doc
V
Exhibit "A" to Resolution 04-18
ORDINANCE NO. 04-07
AN ORDINANCE AMENDING TITLES 2,15 AND 17,
MUNICIPAL CODE OF THE TOWN OF AVON, AS IT
RELATES TO APPEALS FROM DECISIONS OF THE
PLANNING AND ZONING COMMISSION
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Subsection (a) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(a) Appeal of any decision of the Planning and Zoning Commission shall
be governed by the provisions of this section."
Section 2. Amendment. Subsection (b) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended as follows:
"(b) Decisions of the Planning and Zoning Commission may be appealed
to the Council by the applicant or any interested person or may be reviewed at the
request of the Mayor at any time before the decision becomes final. An
"interested person" is an adjacent property owner or a person entitled to have
notice of the hearing mailed to him in association with the action of the
Commission."
Section 3. Amendment. Subsection (c) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(c) Within five (5) working days following action of the Planning and
Zoning Commission, notification of its decision shall be deposited in the United
States mail to the applicant or his or her designated agent. The decision shall
become final unless a written appeal or request for review by the Mayor is
received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission."
Section 4. Amendment. Subsection (d) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
"(d) Not more than thirty (30) days following the filing of an appeal or the
request for review by the Mayor, the Town Council shall review the action of the
Planning and Zoning Commission. The Town Council shall, in writing, confirm,
modify or reverse the decision of the Commission within thirty (30) days following
the commencement of review. If it deems insufficient information is available to
provide the basis for a sound decision, the Town Council may postpone final action
A
for not more that thirty (30) additional days. Failure of the council to act within the
thirty (30) additional days shall be deemed action confirming the decision of the
Commission unless the applicant consents to a time extension. Action of the Town
Council shall become final immediately."
Section 5. Amendment. Subsection (e) of Section 2.16.160, Chapter 16 of Title
2, Avon Municipal Code, is amended to provide as follows:
(e) Any decision by the Town Council which results in action modifying or reversing
the decision of the Planning and Zoning Commission shall specifically describe the
reasons therefor.
Section 6. Repeal. Section 17.12.110, Chapter 12 of Title 17, Avon
Municipal Code, is repealed.
Section 7 Repeal. Section 17.36.080, Chapter 36 of Title 17, Avon
Municipal Code, is repealed.
Section 9 Repeal. Paragraph (5) of Subsection (b) of Section 15.28.090,
Chapter 28 of Title 15, Avon Municipal Code, is repealed.
Section 10. Repeal. Section 17.36.090, Chapter 36 of Title 17, Avon Municipal
Code, is repealed.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 8th day of June, 2004, 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
Iq
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of 12004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Cl\
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 25, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:35 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer
Norm Wood, Finance Director Scott Wright, Community Development Director Ruth Borne,
Police Chief Jeff Layman, Public Works/ Transit Director Bob Reed, Recreation Director Meryl
Jacobs as well as members of the press and public.
Citizen Input
Wildridge resident John Schwartz addressed the Council with regard to mail delivery in Avon,
asking why there was not street delivery. Councilor P. Buckley responded since he had spent
considerable time on this topic a few years ago. He noted that providing that service is a budget
issue with the U.S. Post Office and that cluster boxes would be the only possibility for
improvement. He informed them that even then it is unlikely because of budget constraints.
Fraidy Aber, Special Event Coordinator, presented an update on programs and events
scheduled for summer 2004. She provided an update on the sponsorships for July 4t'.
Steve Grow, applicant for the Surface Grading and Drainage Easement for Lot 30, Block 1,
Benchmark at Beaver Creek, Avon, Colorado located at 710 Nottingham Road was present to
address the Council regarding the recent denial of a permanent easement at their May 11, 2004
meeting. He began by recapping the project and summary of why he thought Council denied
the easement. He requested that Council consider an amended application for that of a
temporary easement instead of a permanent easement. John Perkins, project architect was
also present to answer questions. Town Attorney John Dunn recommended that if Council
would want to reconsider the request, the item should be brought back as an agenda item at the
next meeting. George Gregory, attorney for the applicant, made some points in reference to the
project, highlighting how the easement would mitigate current drainage issues for the town.
Some comments were made regarding what the true value of the easement should be. Town
Engineer Norm Wood provided comments and support for the temporary easement and noted
that regardless, the applicant can pursue the building of the project. Mark Donaldson spoke in
support of the project. Both staff and other applicants have noted that the Town has granted
these types of easements in the past.
Councilor Sipes moved to reconsider the action taken at the last meeting and directed staff to
bring a temporary easement application for consideration at the next meeting. Councilor Brown
seconded the motion and it carried with a four to three vote (roll call vote: Brown, D. Buckley,
Sipes, Reynolds - yea; P. Buckley, McDevitt, Wolfe - nay). Councilor D. Buckley noted that
she voted for the motion based on the premise that the Town has in fact granted these types of
easements to other applicants.
Ordinances
Senior Planner Tambi Katieb presented Ordinance No. 04-08, Series of 2004, An Ordinance
Amending Title 15, Municipal Code of the Town of Avon, as it Relates to Outdoor Lighting
Standards. He noted that Council identified the need for increased outdoor lighting regulations
at an earlier meeting, and this proposed ordinance tries to address the issues of lighting
Councilor D. Buckley moved to approve Resolution No. 04-18, Series of 2004, A Resolution
approving a Partial Release of Security Funds held for Retainage on work completed in The
Village (at Avon), Filing 1, on Improvements Installed and Constructed in Accordance with the
Subdivision Improvements Agreement. Councilor Brown seconded the motion and it passed
unanimously with a roll call vote.
Dave Kautz, Traer Creek LLC, indicated that Swift Gulch Road would be open for business in
October and that he could not comment on any confirmed businesses in the new building
location over next to Wal-Mart.
Unfinished Business
Town Engineer Norm Wood presented a drafted letter from Town of Avon to UERWA regarding
the water augmentation credits required for Town of Avon development. After some discussion,
Council directed Councilor D. Buckley to submit the letter at the next Board Meeting on
Thursday.
Mayor Report
Mayor Reynolds noted that John Garnsey told him BCRC would be considering the request for
skier shuttle funding in the near future.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda. Councilor Wolfe seconded the motion and it passed unanimously.
a. Approval of the May 11, 2004 Regular Council Meeting Minutes
b. Resolution No. 04-16, Resolution for Resubdivision of Lot 17, Block 4, Wildridge Subdivision,
Avon, Colorado, Eagle County
c. Nottingham Road Improvements (1-70 to Buck Creek Road) Inter-Mountain Engineering, Ltd.
d. Parking Agreement with Eagle County Regional Transportation Authority
There being no further business to come before the Council, the meeting adjourned at 7 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
May 25, 2004
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town gineer
Date: June 3, 2004
Re: Nottingham Road Improvements (I-70 to Buck Creek Road)
Inter-Mountain Engineering, Ltd. Geotechnical Services Proposal
Summary: Inter-Mountain Engineering, Ltd., has submitted the
attached amendment to the Nottingham Road Improvements (I-70 to Buck Creek) design
service agreement approved on May 25, 2004. The amendment is for sub-consultant
geotechnical subsoil services. The original geotechnical study the entire Nottingham
Road Improvement project was completed in July of 2000. Therefore, it is necessary to
reevaluate the existing pavement and subsoil condition to insure the correct roadway
sections are specified for construction. The proposed services include borings, analysis of
the subsoil material and recommendations for subgrade and pavement section. The sub-
consultant work is to be complete by the end of June 2004.
The proposed cost of services is not to exceed $4,025 without written approval. The
current approved 5-Year Capital Improvements Fund Budget includes $304,000 in 2004
for construction documents and right-of-way acquisition and $2,210,000 in 2005 for
construction. The cost of these services is within the current Budget.
Approval of this Proposal for geotechnical subsoil study services administered by Inter-
Mountain Engineering, Ltd., for Nottingham Road Improvements (I-70 to Buck Creek
Road) at a cost not to exceed $ 4025 is recommended.
Recommendations: Approve Proposal from Inter-Mountain
Engineering, Ltd. for Nottingham Road Improvements (I-70 to Buck Creek Road)
geotechnical subsoil study services at a cost not to exceed $ 4025.
Town Manager Comments:
C:ADocuments And Settings\Nwood\Local Settings\Ternporary Internet Fi1es\OLK2\Geotech Prpsl MemO.Doc
Jun-03-04 11:10A Town of Avon 970 748 1958 P.02
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Etna . rr.,?t?>r?a.
June 2, 2004
Ms. Anne Martens
Town of Avon
P.O. Box 975
Avon. CO 81620
Via: Delivcrv
RE: Nottingham Road Phase [
Subsoil Study by Hepworth pawlak ne-otechnital, Tnc,
Dear Anne:
lntea-Mogntsiu Engincvmg would be pleased to admiWster the sabmil study by tP Geot=h as o-at"ed
in their proposal dated Junk 1.2004, The esstimxad f+ee for the scope of services is $4,015,00. This
amount will not be exceeded without prior w0horization from the Town.
NOW that you will be billed monthly for services to date. Invoices are due upon receipt, If invoices remain
unpaid afar 30 days, you will be charged a service charge of 1.75% per morab. If it should become naceswy w
enforce collectim hrter-Mountain Engineering will, be eatided to recover its collection costs, including au&uAt;y'a
fees.
Also note t d the only warranty or guatarfte made by inte*-Monatain ;,?„ ;. u, ;,onuact;oa
with the services performed hercundet is that we will use that degres of care and .skill ordinarily exercised
undet similar eonditiom by reputable members of the engineering profession pcactking in this airea, No
other warranty, exprcas or implied, is made or intended by this proposal for consulting servuag or by
furnishing oral or women reports.
Sincetnly,
Inter-Mountain Engineering. Ltd
Frederick E. Tobias, P.E.
Accepted by: TOA Representative
Dane w
8392 Gontinenm Dmae Hoad, Sulte 8107 - Littleton, Colorado 00177 - Phone; 303/94A-R95,?o - Faac 303/948-6526
77 Metcalf Roao, owuu - box 9715 - Avon. Colorado 81620 - Phone' 8701949-5079 - From Denver Direct BOZ-1531
Jun-03-04 11:10A Town o-F Avon 970 748 1958 P_03
( toofto 1=4
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HEPWORTH-PAWLAK GEOTECHNICAL
Ile(uur?h•I'nwL'?l:(.;o,Ir:hniGaJ Iuc.
50.2,?CotintyIto;d 1;:1
(.ilciut-uucl 5rn n???„ (. 'ul; u•, lac ? ? I fs?? 1
Flwiic:
r;uasil: 1s11,cc,Grrllt ?^e?? ?Lrch.c.c scrs
June 1, 2004
Inter-Mountain Engineering
Attn: Fred Tobias
77 Metcalf Road
P. O. Box 978
Avon, Colorado 81620
Proposal No. 92-04
Subject: Proposal for Subsoil Study, Phase I of Nottingham Road Improvements,
Avon, Colorado
Dear Fred:
We are pleased to summit this proposal to conduct ?i SubSOil study for subgrade
evaluation at the subject site. The proposal is based on our discussions with you and
/inn Marten With the Town of Avon, and our experience in the area. Hepworth -
Pawlak Ceotechnical previously performed a geotechnical engineering study for the
proposed Nottingham Road Ttnprovernents submitting our findings in a report July 26,
2000, Job No. 100 303.
Project Data: Phase I of the proposed roadway improvements will extend from the
round-about at interstate Highway 70 (about ,SLa. 56+00) to ahout Sta. 35+00. From
the round-about to Swift Gulch Road turn-off„the improvements will consist of
primarily of an asphalt overlay. Drum Swift Gulch Road to about Sta. 35+00, the
roadway will be re-built, widened and asphalt paved. Of primary concern in the
roadway reconstruc:tiun area is the potential for soft subgrade conditions and mitigation
prior to the pavement construction. It has also been requested we review our alpha t
Pavement seClii?n thickness recommendations with respect to the subgrade conditions
and up-dated traffic loading information.
Scope of Services: We propose to drill flour borings in the Phase T fOT1.1011 of the
proposed roadway linprovemcnts. We expect to encounter clay and silt soils below the
existing pavemenL and assume the borings will be 5 to 10 feet deep. The borings will
be logged by a representative of our office and monitored for groundwater level. We
will have underground utilities located prior to the drilling and traffic control during the
drilling opcrationy.
Laboratory testing of samples taken frown the horing,s will be perR?rrr?ed to determine:
their engineering characteristics. 1'Ttc inforn-Wtion obtained from the field and
laboratory testing will be analyzed and a report prepared providing recommendatiuras
for suhgrade improvements, if nceded and asphalt pavement section thickness.
Pgrker 303-841-7119 • ( olorado 5rr•incs 719-633-5562 * Silverthormm 970=468-1989
Jun-03-04 11:11A Town of Avon 970 748 1958 P_06
TERMS ANT) CONDITIONS
,STANDARD (.)I- CAI'.L•; Scrvicc;: performed by HEPWORIH 11AWLAk (TOTEC1-1N1(:.A1., INC., (rrft-rrr(l to as TIP
GUOTRCH) wider this Agreement Will he 01TV111cicil in a inanncr consistent with tha lr.vC) of carC and skill ordinarily exercised
by members of the profession currently practicing under simila, conditilmA in the same locale. No warranty, express or inililied,
is rtiatlc or intended by the proposal for consulting services or by furnishing oral or written report:: of the iindiug. made. The client
recivni'rex that mbsurfacr. conditions may vary from those encountered at the location wtmrc borings, assts at xploratinns arc made
stud that Ihr Rata, inlrrprr.Uliiom an rt-vommcndtltiom of 111' GrOT17CTI art- based sulcly upon for data
by 1111 GEOT17('}1 d
available to HP GEOTECH. 111, GEOTEC II will he respontsible far thos:: data, interprataliuns, and rcconuucurlatiums, but shall
nor he responsible for this interpretations by others of the information developcil.
LIMITATION OF LIABILITY; Thc. client agars to limit HP UROTECH and its employees, (lirrc'gr?, officers'Lind subconsultanu;
liability to the client arising, frown or in ;toy way related to the Project or the. Agreement including, prol'cssiunal acts;, errors, or
omissions or hreach cif contract or other cause of action, such that the total Aggrcgate liability of 1111 including
reasunable attorney's fees and expert witness' fees. to all those. named shall not exceed ,750.000 or lil' G>rC' TEC_1H's total fee for
the,,crvices rendered on this I'roicct, whichever is greater, and Cliew hereby releases I IP cm.nT1 CE ;'nd its empluycr..s. dircctnr?.,
nflicerA 411CI subuonsullants from any liability above sttch airihurtl,
SITE'' AC(TSS: l lnlcas oth; rwisr. agreed, Elie client will furnish in, GfiOTTi('TT with Tight-Of-access to thc• site in order tr) conduct
the planned exploration. While HP UF;C')' E(''II will take. rcasonahle prceautinns to limit damage to the property, it is undcrstuod
by the client that in the normal cuar? of services some damage may occur, the resloralion of which is not part of this Agreetncnt
and shall not he the ohlination of IIP GEOTEC:H. Llrilcss otherwise agreed, the client will secure All nrcrs ary :Ipn-?ovx?s. permitA,
licensers and consents nLcrosary to the performance of the services hereunder.
UTILITIES: In the performance of its services, HP GEOTECH will take reasonable precautions to avoid damage or irpury to
subterranean structures or utiliucs. The client agrees to hold TIP GGOTFCFT harmless and indemnify HI' GEOTECH for any
claims, payments or other liability, including attorney's fee.¢ and costs, incurred by TIP GEOTECH for any damages to subterranean
structures or utilities which arc not called to 11P 01HO'1EC:H's attention and correctly shown on the plans furnished to HP
I INAN'rwIPATHD I IAGAkD0US NWMRIAL.S; it shall he the duty of the owt)er, the client, or their representative to advise
Hit GEOTECH of any known or lunge ULI hazardous substances which may exist on or near any preutises upon which scrviccs
are to be performed by HP GEOTECl1's employees, agents or sulxontrac:turs, ICHP GEOTECH observes or susper;ts'Litt cxistcnce
of unanticipated hazardous materials during the course of providing scrvitxs, HP GEOTLCH may at its option lerntin.11c further
services on the project Knit notify client of the condition. Services will he resumed only after a renegotiation of scope of scrviccs
aild fees. In the event that such rencgotintiun cannot occur to the satisfaction of kill G OTECI I, TIP GEOTECH may at its option
terminate this contract.
INVOICES; HP GEOTECH will submit invoices to the client manthly and a rural bill upon wmplctirxi of services. Paymcot is
clue upon prescntation of invoice and is past dtic thirty (30) days from the invoice date. Clicnt agrees to pay a late fcc of$30,00
or out and one half percent (1 V2 %) per mondt (whichever is the greater) on past due accounts. Client also avr= to pay all enstc
arul exlrcnses, including reasonable Kttontey's fees incurred by HP GEOTECH relating to collection pn?(-cdure& on uvcrduc
accounts.
UWNEkSHIP OP DOCUMT7,NTS! All reports, plans, speciticadons, computer files, field data, notes and other documents and
instrutneas prepared h) 1.11' ULOTEC.IT ix iarui tncets of service •sbtal rcnraiTr d+_ pro1,crry of ?Tr, GT'0T-Cit. 1LP GEOTFCTT
shall retain all common law, statutory and other rrsrrved rights, including the copyright thereto.
SAMPLES; HP GPOTEC1i will retain all soil and rock samples that are trinsporicd to ITP GEOTRCII's laboratories until
submission of the project repon. Puriller storage or transfer of sauiples can he made at client's expense upon written request.
LIISPUTE RIESOLUTION: All claims, rlisputcs and other rnaurrs in controversy between 1111 GEDTECH'Lind ulirnt arising; out
of or in any way rrl;ned to this Agreement will be submitted to "alternative dispute resolution" (ADR.) soub as mediation and/or
arhitration, before and as a condition precedent Ur uthcr rrnredies provided by law. If and to the exEcnt clicnr and HP GE( FHCU
have ttgmt-d on mcthods for resolving Such dispun-s, (licit such nteEhods will be set forth in thv "Ali.eritative Dispute Resolution
Agreement" which, if attached, is incorporowd and made a plat of this AVreement.
11'a dispute at law arises related to Ihr services provirLcl under this Akrccmrnt and Ilia' ili.sfmte ruluires lineation instead of ADR
,i; provided above, then;
1) The claim will br hinught and Iried in judicial jurisdiction oflhc court of the county whore FIT, UL'U'1'E H's 111•iocipal place
at husiness is luc.ated and clicnl wAivc, the riglil to remove tllc autiun to any ether county Or iudiGi3J jurisdiction, and
2) Thc prevailing party shall br. rentitled to rrl:(ivcr tram the T(on-prcvailiui (tarry all rcisumbi c c.fxl is ineurrcd, irichirlino sr:+lf
nme, co1u9 cults, attornrry's fees and all ether related r.xpeusc, in such li'iga'i11n.
In the event of a non-adjudicative settlement of liticatiun bef w'evn the harcies or a resulutiuu of di.spule by tncaiatiun of arbitration,
die Ecrni "prevailing parry" shall br. dewr'niucd by that Nafae process.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Anne Martens, Assistant Town gineer
Date: June 3, 2004
Re: East Beaver Creek Blvd Improvements - East Avon Phase R
Inter-Mountain Engineering, Ltd. Design and Construction Document
Preparation Services Proposal
Summary: Inter-Mountain Engineering, Ltd., has submitted the
attached Proposal for finalization of Design and Construction Document preparation
services for the East Beaver Creek Blvd Improvements. The improvements include
reconstruction of East Beaver Creek Blvd from the Christie Lodge main entrance to the
eastside City Market. The plans need to be revised to reflect the actual improvements
completed during the first phase of the project.
The proposed services include all of the necessary steps to prepare the project to bid for
construction. These services include 1) plan revisions, 2) preparation of easement exhibit
sheet, 3) permitting and coordination with utilities, 3) preparation of construction
documents and 5) cost estimates. The design and construction document services are to
completed by July 2004. The project will be ready to go to bid in February 2005 for
construction in the summer of 2005.
The proposed cost of services is not to exceed $10,000 without written approval.
The current approved 5-Year Capital Improvements Fund Budget includes $142,000 in
2004 for construction documents and right-of-way acquisition and $1,175,000 in 2005 for
construction. The cost of these services is within the current Budget. This project is to
be funded by The Village (at Avon) as required by the Annexation and Development
Agreement.
Approval of this Proposal for finalization of design and construction document
preparation services by Inter-Mountain Engineering, Ltd., for East Beaver Creek Blvd
Improvements at a cost not to exceed $ 10,000 is recommended.
1:AEngineering\C1P\E Bvr Ck Blvd\2.0 Contract Services\Design Prpsl MemO.Doc
Recommendations: Approve Proposal from Inter-Mountain
Engineering, Ltd. for East Beaver Creek Blvd Improvements finalization of design and
construction document preparation services at a cost not to exceed $ 10,000.
Town Manager Comments:
LTrigineering\CIPT Bvr Ck Blvd\2.0 Contract Services\Design Prpsl Memo.Doc 2
Jun-03-04 01:011? Town of Avon 970 748 1958 P_02
rl"UL 104/101
June 3, 2O04
Ms- Anne Martens
Town of Avon
P.O. Box 971
Avon, CO 81620
Via: Delivery
RE: Last Deaver Creek Boulevard - Phase 11
Engineering and Contract Administration
Dear Anne:
We approciatc the opportunity to submit the frdlowing proposal for engineering desip and r4ricraet
adminisatation services in connection wMthe Town ogAvm 3 East Beaver Creek FlcAilcvard Phase E
p%Icct-
,IKE will provide the fOllowinR general services co complete the plans for cote mcbon and bidding:
1. Revise Plao,s per Phan I Improvemct»s
2, Prepam Easement Fxhibit Sheet
3. Coordination, Permitting and Utility Approvals einclrtdinv CDOT)
4. Prepare Technical Specifications. Special Conditions and Did Schedule
5. Revise Engineer's Estimme
6, General Project Coordination with Town of Avon
7. Reirnbursables
Attendance at public meetings, preparation of addendwns; RFT's and review of buds are not included,
These ;tams can be included if requ%W, end will billed on a time and materials basis at the rates shown
on the attached fee schedule. It is assumed trot lighting and landscaping details %0l not need to be
revised.
EM
The estimated fee for the nropoaecl scope of services is S10,fM.Qn. ,", pD; y Of o;u Fat; Schedule
is enclosed. This amount will not he exceeded without prior authorization from the Town.
Now that you will be billed morrthly for services to date. Invoices are due upon mcmpt. if invoim remain
unpaid motet 30 days, you xvill be charged a service charge of 1.75% pa month. If it should become necessary to
enforce collwtiM. Int-,r-Mauntain Engineering will be entitled to recover its collection coarse mcluding attorney's
fees.
x392 Canernentel Divide Roan, 5uKE #107 ? Lrrrlewn. Colorado 80127 • Phone: 303/9486220 • Fax: 303/948-6526
77 Metcalf Road, 02M • EX 978 • Avon, Colorado 81620 a Phone: 970!949-5072 • From 09nver D?+scr 693-1531
Jun-03-04 01:01P Town of Avon 970 748 1958 P.03
L-, r-6"11 J.14 cuw. PAGE 03/93
Ms. Ann* AAX N%
P?opoaat - Fan Beaver r:r"k Blvd Phase it
Page z
Also note that the only warramy of paraotee made by Into-MoanWn Engineering, Ltd. in connection
with the services performed bereurnder is tluu we will use that dcsree of can and skill ordinarily extmLsed
under similar cou&tiuns by reputable mmbeas of the cnginoexigg profession practicing in this area No
other wan-"ty, cxprms or impliod, is aa& w iuicudcd by this proposal for consulting services or by
furnishing Q TAI or wri tM reports.
We look forward to working wilt the Town Luward a successful project.
Sincerely,
h=-Mountain Engineering, Ltd
F.redcrick E_ Tobias, P.E.
Accepted by: TOA Represcutatiyc
tat-e-