TC Council Packet 10-12-2004STATE 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 OCTOBER 12, 2004, AT 3:15 PM AT THE
AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO
FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:15 PM - 3:45 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. Discussion on new liquor licensing application,
Avon Properties Leasing, LLC d/b/a Village Warehouse Wines.
3:45 PM - 4:00 PM 2) Council Committee Updates: - Council members are assigned to
several committees and update their progress.
Channel 5 (Councilor Brown)
4:00 PM - 4:15 PM 3 Vail Valley Foundation Sponsorship Proposal (Ceil Foltz) -
Presentation and discussion about requested funds from Vail Valley
Foundation for 2004 Birds of Prey World Cup Week
4:15 PM - 4:30 PM 4 Outdoor Lighting Ordinance Discussion - (Eric Heidemann,
Tambi Katieb) - Discussion with town staff about direction for revised
proposed outdoor lighting ordinance prior to rescheduling adoption
hearings.
4:30M - 5:00 PM 5) Staff Updates
a. 1-70 Central Mountain Transportation Corridor Coalition
(Larry Brooks) Review of the Coalition's organization and dues for
2005.
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
OCTOBER 8, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.10.12
CONFIDENTIAL MEMORANDUM
TO: TOWN COUNCIL ACTING AS THE LIQUOR LICENSING
AUTHORITY
FROM: TOWN ATTORNEY =?C C
RE: VILLAGE WAREHOUSE WINES
DATE: October 7, 2004
With this memorandum are alternative resolutions, granting and denying the subject
application for a retail liquor store license. These resolutions are suggestions only. You may pick
and choose from them as you wish.
Three legal issues have been raised in connection with this application, 1) whether
testimony of competing liquor store owners may be relied on to determine needs of the
neighborhood, 2) what neighborhood you may consider for purpose of the license and 3) whether
the licensing authority may rely on the needs of future residents.
provides that:
As to the first issue, a 1997 amendment to Colorado statute, CRS 12-47-301(2)(b),
"A local licensing authority ... may deny the issuance of any ... retail liquor store
license whenever such authority determines that the issuance of such license would
result in or add to an undue concentration of the same class of license and, as a
result, require the use of additional law enforcement resources."
In the course of the hearing, the applicant's attorney referred to that statute and
objected to testimony by existing liquor store owners, based on the statute and an argument that
competing retailers have no standing to oppose the issuance of a new license. The statute is fairly
new, and there are no decisions of any court interpreting it. Certainly there was no testimony that
additional law enforcement resources will be required as a result of granting the license, and it is
difficult for me to imagine how additional liquor store licenses (as opposed to hotel and restaurant
licenses) could have that effect. Also, in my opinion, the testimony of competitors as to the needs
of the neighborhood should at least be suspect. It is therefore my advice that you give little, if any,
weight to the testimony of the existing licensees.
The question remains whether you may consider a larger neighborhood including
Eagle Vail, customers of the Wal Mart and Home Depot stores and future residents of the
neighborhood. In my opinion, you may consider Eagle Vail and customers of those stores as part
of the neighborhood. It is also my opinion that you may consider future needs, so long as those
needs are in the reasonably foreseeable future, based on the testimony you heard.
As you know, the two criteria guiding your decision are the character of the
applicant and the needs of the neighborhood. With respect to the latter criterion, the language of
the statute is as follows:
"Before granting any license, all licensing authorities shall consider ... the
reasonable requirements of the neighborhood, the desires of the adult inhabitants as
evidenced by petitions, remonstrances, or otherwise, and all other reasonable
restrictions that are or may be placed upon the neighborhood by the local licensing
authority."
On the basis of that language, our supreme court has said that two requirements
must be established by the applicant, 1) that the reasonable requirements of the neighborhood are
not being met by existing outlets and 2) that the inhabitants of the neighborhood desire issuance of
the new license. The 1997 statute raises a question whether the first requirement continues to be a
viable one. In my opinion, the focus of your deliberation should be the desires of the inhabitants,
which are well documented by the petitions filed.
You have broad discretion in determining the extent of the neighborhood. The
neighborhood requested by the applicant is comprised of the Town east of Avon Road extended (in
other words, not including Wildridge or Mountain Star) and most of Eagle Vail. There also was
testimony that liquor stores typically are placed in high traffic areas (obviously to serve that traffic),
and it is my opinion that you may included customers of Wal Mart and Home Depot in the
neighborhood based upon that testimony, although the applicant did not make that specific request.
Finally, it is my opinion that you may expand upon the neighborhood based upon your own
knowledge and experience and thereby include the entire Town of Avon or even the "Vail Valley"
or some portion thereof.
This application has been a useful exercise for the council and for me in analyzing
the question of what the "neighborhood" should be for purpose of liquor applications. After your
decision in this case, you may want to consider establishing new neighborhoods for purpose of
future applications. During your budget work session, the point was made that Breckenridge has
similarities to Avon. That town has established one neighborhood for applications which includes
residents of and visitors to the town. At one time Vail had done the same, but it now describes the
neighborhood as the entire Town of Vail for all applications. The alternative is to continue to
establish neighborhoods on a case-by-case basis.
JWD:ipse
PROCEEDINGS OF THE LIQUOR LICENSING AUTHORITY OF THE
TOWN OF AVON, COUNTY OF EAGLE AND
STATE OF COLORADO
RESOLUTION NO. 04-03
SERIES OF 2004
A RESOLUTION DENYING THE APPLICATION OF
AVON PROPERTIES, LLC DBA THE VILLAGE
WAREHOUSE WINES FOR A RETAIL LIQUOR STORE
LICENSE
WHEREAS, on the 28th day of September, 2004, the Liquor Licensing Authority
of the Town of Avon did receive and consider the application of Avon Properties, LLC dba
Village Warehouse Wines, whose address is, P.O. Box 1376 Aspen, Colorado, 81612, for a retail
liquor store license at 101 Fawcett Road, Avon, Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the
Vail Daily and proof of publication by the publisher of the Vail Daily was received and made a
part of the record; and
WHEREAS, the Authority finds that the application was in proper form and
accompanied by the necessary supplementary evidentiary matter required by law, the regulations
of the State of Colorado and the Liquor Authority; and
WHEREAS, five persons testified in favor of the granting of the license, and four
persons testified in opposition to the granting of the license; and
WHEREAS, the application was supported by petitions signed by 362 persons, of
whom 235 were in favor and 81 were opposed, which petitions have been given appropriate
weight by the Authority; and
WHEREAS, there are presently three retail liquor store licenses in the Town of
Avon; and
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WHEREAS, the proposed location of the license, 101 Fawcett Road, is within
The Village at Avon, which subdivision was annexed to the Town in 1998 and at present has a
build-out of residential units in the range of 2400 units; and
WHEREAS, the evidence was not convincing that such build-out would occur in
the reasonably foreseeable future; and
WHEREAS, the testimony presented tended to show that the needs of the present
residents of the Town of Avon are adequately served by the existing retail liquor store outlets;
and
WHEREAS, the Authority has determined that only the needs of the present
residents of the Town should be considered in addressing the needs of the neighborhood; and
WHEREAS, the neighborhood to be served by the proposed license would be the
Town of Avon;
NOW, THEREFORE, THE LIQUOR AUTHORITY OF THE TOWN OF AVON
DOTH FIND:
1. The applicant is of good moral character and reputation.
2. The neighborhood to be served by the applicant is the Town of Avon.
?. There does not exist a reasonable requirement in such neighborhood for the
type of license for which application for is made.
IT IS THEREFORE ORDERED that the application is denied the day of
October, 2004.
Chairman
Secretary
ALB Res. No. 04-03 Denv
Page 2 of 2
PROCEEDINGS OF THE LIQUOR LICENSING AUTHORITY OF THE
TOWN OF AVON, COUNTY OF EAGLE AND
STATE OF COLORADO
RESOLUTION NO. 04-03
SERIES OF 2004
A RESOLUTION APPROVING THE APPLICATION OF
AVON PROPERTIES, LLC DBA THE VILLAGE
WAREHOUSE WINES FOR A RETAIL LIQUOR STORE
LICENSE
WHEREAS, on the 28th day of September, 2004, the Liquor Licensing Authority
of the Town of Avon did receive and consider the application of Avon Properties, LLC dba
Village Warehouse Wines, whose address is, P.O. Box 1376 Aspen, Colorado, 81612, for a retail
liquor store license at 101 Fawcett Road, Avon, Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the
Vail Daily and proof of publication by the publisher of the Vail Daily was received and made a
part of the record; and
WHEREAS, the Authority finds that the application was in proper form and
accompanied by the necessary supplementary evidentiary matter required by law, the regulations
of the State of Colorado and the Liquor Authority; and
WHEREAS, five persons testified in favor of the granting of the license, and such
testimony was more persuasive to the Authority than the testimony of persons testifying in
opposition to the granting of the license; and
WHEREAS, three of the four persons testifying in opposition to the granting of
the license were holders of existing retail liquor store licenses within the Town of Avon; and
WHEREAS, no showing was made that issuance of the licensed applied for would
result in or add to an undue concentration of the same class of license and, as a result, require the
use of additional law enforcement resources, as required by § 12-47-301(2)(b), C.R.S.; and
WHEREAS, the application was supported by petitions signed by 362 persons, of
whom 235 were in favor and 81 were opposed; and
WHEREAS, the proposed location of the license, 101 Fawcett Road, is within
The Village at Avon, which subdivision was annexed to the Town in 1998 and is expected to
have a build-out of residential units in the range of 2,400 units; and
WHEREAS, the proposed location of the license is as well in the proximity of a
Wal Mart Super Center and Home Depot, both of which facilities opened for business in 2003;
and
WHEREAS, the testimony presented tended to show that the needs of the present
and future residents of the Town of Avon, as well as the needs of persons shopping at the Wal
Mart Super Center and Home Depot are not adequately served by the existing retail liquor store
outlets at their present locations; and
WHEREAS, the neighborhood to be served by the proposed license would be the
Town of Avon east of Avon Road extended, Eagle-Vail Subdivision and persons shopping at the
Wal Mart Super Center and Home Depot, whatever their residence;
NOW, THEREFORE, THE LIQUOR AUTHORITY OF THE TOWN OF AVON
DOTH FIND:
1. The applicant is of good moral character and reputation.
ALB Res. No. 04-03 Approve
Page 2 of 3
2. The neighborhood to be served by the applicant is the Town of Avon east of
Avon Road extended, Eagle-Vail Subdivision and persons shopping at the Wal Mart Super
Center and Home Depot, whatever their residence;
3. There does exist a reasonable requirement in such neighborhood for the type of
license for which application is made.
IT IS THEREFORE ORDERED that the application is approved the day of
October, 2004.
Chairman
Secretary
ALB Res. No. 04-03 Approve
Page 3 of 3
ZIMIMMMMAIRIER
AVO - N
C O L O R A D O
TomofAwn
P.O. Bmc975
400 B i(PCad
Awn, Womb 8162-0
970-748.4005
Office of the Town Manager
To: Honorable Mayor and Towr
From: Larry Brooks, Town Man
Date: October 7, 2004
Regarding: Vail Valley Foundation Sponsorship Proposal
As a result of the budget retreat recently held with the Council, we have asked Ceil to make
a presentation to us supporting her attached request. Just a reminder, that while this money
(if approved) will be disbursed from the 2005 fiscal year, the funding will support the event
hosted in December of 2004.
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SPONSORSHIP GRANT PROPOSAL
for the
TOWN OF AVON
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2004 BIRDS OF PREY WORLD CUP WEEK
Presented by the
VAIL VALLEY FOUNDATION
VAELVALEEY-
FOUNDATION
Providing leadership
in athletic, educational
and cultural endeavors
to enhance and sustain
the quality of life in the
Vail Valley
Board of Directors
President Gerald R. Ford
Adam Aron
Judith Berkowitz
Marlene Boll
Bjorn Erik Borgen
James Berry Craddock
Jack Crosby
Andrew Daly
William Esrey
Harry Frampton, III
Stephen Friedman
Gerald Gallegos
John Galvin
John Garnsey
George Gillett, Jr.
Donna Giordano
Pepi Gramshammer
Steve Haber
Martha Head
William Hybl
William Jensen
Elaine Kelton
Jack Kemp
Peter May
Patricia Peeples
George Shaeffer
Michael Shannon
Stanley Shuman
Rodney Slifer
Oscar Tang
Craig Tuber
Stewart Turley
Alberto Vilar
James Wear
Cecilia Folz
President
2001 Mountain Bike
World Championships
1999 World Alpine
Ski Championships
1994 World Mountain
Bike Championships
1989 World Alpine
Ski Championships
AEI World Forum
American Ski Classic
Citizen ofthe YearAward
Education Initiatives
FIS Alpine World Cup
Friends of Vail
Gerald R. Ford Amphitheater
Vilar Pavilion
The Session Snowboard Event
Gold Star Giving
Success at Six
Vail Valley Foundation
Scholarship Program
Vail International
Dance Festival
Vilar Center for the Arts
P.O. Box 309
Vail, Colorado 81658
97(Y949-1999
Fax 970.949-9265
www vvf org
A Colorado 501 (c) (3)
Nonprofit Corporation
August 12, 2004
Avon Town Council
Town of Avon
P.O. Box 975
Avon, CO 81620
Dear Avon Town Council:
Thank you for the opportunity to present the Vail Valley Foundation's 2004 grant
request to the Town of Avon. We are extremely pleased to have a community
partnership with the Town of Avon. The Town of Avon's philosophical and
financial support of the Vail Valley Foundation provides us the opportunity to
create great events that support and benefit the entire community in tangible and
intangible ways.
Please note that this proposal requests support for only the Birds of Prey World
Cup Week. However, this year's Birds of Prey World Cup will be double the size
and length of past events due to the addition of a Men's Slalom and Giant Slalom
races. As in the past, with the Town of Avon's full support, we will include in
your benefits package, one Eagle medallion, allowing ski access and golf
privileges.
Thank you again, and please call me at 949-1999, if I may answer any questions.
Sincerely,
Cecilia Folz
President
cc: Larry Brooks, Avon Town Manager
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TOWN OF AVON
APPLICATION GUIDELINES
CONTRIBUTION REQUEST
SUMMER 2004 FOR 2004 FUNDING
Application Information
1. Name of organization: Vail Valley Foundation
2. Mailing address: P.O. Box 309, Vail, CO 81658
3. Contact person and telephone number: Cecilia Folz, President; 970/949-1999
4. Purpose of the organization or event: The Vail Valley Foundation is a non-profit IRS 501 (c)(3)
corporation whose purpose is to enhance the athletic, educational and cultural qualities of the Vail
Valley
5. Amount requested from the Town of Avon: $45,000 cash and $10,000 in-kind services. Please
see attached for breakdown of funding
6. Amount requested and/or provided from other agencies, organizations, companies (i.e. other
funding committed): Please see attached
7. Explanation of the need for funds:
a. Description of the event or organization: Please see attached
b. How the event or organization benefits the Avon community: Please see attached
c. Anticipated budget for the organization or event: Please see attached
d. If applicable, what marketing effect the event or project has for the Town of Avon:
Please see attached
8. Description of "in-kind" contributions that the Town of Avon provides to the Vail Valley
Foundation: Please see attached
** IRS Determination letter recognizing the Vail Valley Foundation as an IRS 501 (c)(3)
organization: Please see attached
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1 5. Amount requested from the Town of Avon: $45,000 cash and $10,000 in-kind services.
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2004 BIRDS OF PREY WORLD CUP WEEK GRANT REQUEST
The Vail Valley Foundation kindly requests that the Town of Avon consider a $45,000 cash
contribution, and a $10,000 in-kind contribution for buses.
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' 7a. 2004 BIRDS OF PREY WORLD CUP WEEK December 1- 6, 2004
The Foundation is proud to again host the Birds of Prey race, one of the most popular of the World Cup
venues. This year, we will be holding four men's races, more than any other site on the World Cup
calendar.
The 2004 Birds of Prey World Cup week will feature Men's World Cup Downhill, Super-G, Giant
Slalom and Slalom competitions on Beaver Creek's internationally renowned Birds of Prey course.
Showcased during the 1999 World Alpine Ski Championships, Birds of Prey is widely recognized as
' one of the most technically demanding racecourses in the world.
Action during the 2004 Birds of Prey World Cup week will not be confined to the racecourse as special
VIP hospitality and viewing areas, along with an array of public and private social events, paint a
festive backdrop for the competitions.
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The 1999 World Alpine Ski Championships attracted the largest crowds in U.S. ski racing history, with
an estimated 125,000 people viewing the competitions during the two weeks of the event. The largest
crowd of the Championships was generated by the Men's Downhill, when 20,000 people skied,
snowshoed and rode the free shuttle to the Birds of Prey finish stadium to see Hermann Maier strike
gold.
The alpine World Cup tour is one of the largest annual winter circuits in the world of sports, and is
closely followed by both print and broadcast media. Likewise, the Vail Valley's annual World Cup
events have emerged as one of the most extensively chronicled ski competitions in North America each
winter. Over the past 16 years, Vail and Beaver Creek World Cup events have been televised by ABC,
CBS, NBC and ESPN and numerous cable stations.
The 2004 Birds of Prey World Cup week will be no exception, with four hours of scheduled
programming on the OLN and NBC networks. A one-hour Birds of Prey television special of the
Men's Downhill race will air on NBC Saturday, December 18, 2004 at 3:00 EST, reaching over two
million viewers during the holiday season. The Men's Super-G, Slalom and Giant Slalom races will be
showcased during one-hour OLN specials. International television coverage has also been extensive,
reaching in excess of 400 million viewers worldwide each year. As in past years, the coverage is
expected to equal the following if not greater; finalization of international broadcasts and rights are
pending:
Eleven (11) nations will broadcast live the Downhill, Super-G, Giant Slalom and Slalom
Six (6) nations will delay broadcast the Downhill, Super-G, Giant Slalom and Slalom
Fourteen (14) nations will do a magazine broadcast of all races
Seven (7) nations will provide news feed
In addition to television exposure, print and photo media have been well represented, both nationally
and internationally, and World Cup alpine ski racing in the Vail Valley has established a broad base of
support and exposure from all segments of the media.
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7b/d. GENERAL TOWN OF A VON BENEFITS
• Four (4) hours national television coverage of the Vail Valley on the OLN and NBC
networks
• International television coverage of the Vail Valley
• Worldwide television audience of over 400 million
• Visitation by more than 250 media members
• Attracts large crowds to Avon/Beaver Creek/Vail
• Community building with over 600 volunteers valley wide
2004 BIRDS OF PREY WORLD CUP WEEK
• Eight (8) VIP credentials
• Eight (8) social invitations
• Four (4) VIP gift bags
• Recognition on all printed material
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6/7c. 2004 Vail Valley Foundation Financial Overview
Revenue Source Total Amount Percentage of Budget
Individual Contributions $3,200,000 36%
National/International Corporate Sponsors $2,379,000 28%
Community Cash Sponsorships $325,000 5%
Trade Sponsorships $850,000 10%
Government Support $285,000 4%
Ticket Sales and Fees $1,390,000 13%
Other Contributions $283,000 4%
TOTAL REVENUES $8,712,000 100%
Expenses Total Amount Percentage of Budget
Athletic Event Programming $3,220,000 40%
- American Ski Classic
-The Session
-World Cup Ski Races
Cultural Programming $1,670,000 20%
-Gerald R. Ford Amphitheater
-Hot Summer Nights
-Streetbeat
-Dance Festival
Education $835,000 10%
General Administration $2,200,000 21%
Community Contributions $805,000 9%
TOTAL EXPENSES $8,730,000 100%
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S. The Town of Avon provides assistance with transit services during the Birds of Prey World
Cup skiing races, held on Beaver Creek Mountain. The Town of Vail and ECO Transit
graciously donate their services as well.
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'internal Revenue Service
District Director Department of the ^reasury
' P. 0. Box 2508
Cincinnati, OH 45201
Date: MIT Z Z qM Person to Contact:
ail
Valley Foundation, Inc. Dee Anna Jarman
Telephone Dbsmbart
P. O.
Vail, Box 309
CO 81658-4309 S13-241-5199
Fax Number:
513-684-5936
Federal Identification Number:
74-2215035
Dear Sir or Madam:
this letter is in response to your request for a copy of your
orga'nization's determination letter. This letter will take the place of
the copy you requested.
Lr records indicate that a determination letter issued in March 1982
granted your organization exemption from federal income tax under section
F 01 (c) (3) of the Internal Revenue Code. That letter is still in effect.
Based on information subsequently submitted, we classified your
c2anization as=one that is not a private foundation within the meaning of
tion 509(a) of the Code because it is an organization described in
ction 509(a)(2).
I :erations is classification was based on the assumption that your organization's
would continue as stated in the application. If your
organization's sources of support, or 'to character, method of operations,
Ef purposes have changed, please let us know so we can consider the effect
the change on the exempt status and foundation status of your
ganization.
E
our organization is required to file Form 990, Return of organization
Ixempt from Income Tax, only if its gross receipts each year are normally
more than $15,000. If a return is required, it must be filed by the 15th
y of the fifth month after the end of the organizations annual
ecounting period. The law imposes a penalty of $20 a day, up to a maximum
of $0,000, when a return is filed late, unless there is reasonable cause
'nor the delay.
[l exempt organizations (unless specifically excluded) are liable for
taxes under the Federal Insurance Contributions Act (social security taxes)
remuneration of $100 or more paid to each employee during a calendar
tar. Your organization is not liable for the tax imposed under the
Federal Unemployment Tax Act (FUTA).
anizatione that are not private 'foundations are not subject to the
Lrgci,, takes under Chapter 42 of the Code. However, these organizations
e not automatically exempt from other federal excise taxes.
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ail. Val?ey Foundation, Inc.
..74-2215035
Dokors may deduct contributions to your organization as provided in section
?0 of the Code. Bequests, legacies, devises, transfers, or gifts to your
organization or for its use are deductible for federal estate and gift tax
purposes if they meet the applicable provisions of sections 2055, 2106, and
"522 of the Code.
our organization is not required to file federal income tax returns unless
it is subject to the tax on unrelated business income under section 511 of
&e Code. If your organization is subject to this tax, it must file an
:come tax return on the Form 990-T, Exempt Organization Business Income
Tax Return. In this letter, we are not determining whether any of your
tS-°anization's present or proposed activities are unrelated trade or
siness as defined in section 513 of the Code.
ecause this letter could help resolve any questions about your
anization'o exempt status and foundation status, you should keep it with
ec organization's permanent records.
Olease direct any questions =o ;.he person identified in the letterhead
ve.
.
is letter affirms your organization's exempt status.
?l Sincerely,
C. Ashley Bullard
District Director
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TOTAL P.03
Memo
To. Honorable Mayor and Town Council
C O L O R A D O
Thu Larry Brooks, Town Manager
From: Tambi Katieb, Director, Community Developme
f
Eric Heidemann, Senior Planner, Community Development
Dale: October 6, 2004
W. Outdoor Lighting Ordinance Worksession Discussion
Background & Summary
On June 8, 2004 Council tabled the draft Outdoor Lighting Ordinance after several months
of work by staff and the Planning Commission. The draft was tabled pending the results of
a Request for Proposal (RFP) sent to lighting professionals that offered a phased approach
to implementation, beginning with a baseline review and evaluation of existing lighting
issues.
The RFP received only one response, and after some discussion with Council, it was
decided that staff should bring the draft Ordinance back for further consideration, identifying
the major `business points' of discussion and perhaps creating another draft that would also
provide for an incremental and practical approach to achieve the desired goal.
Though several months have passed since our last review of the attached dr*,Council
identified several key issues that needed further discussion. Those issues included:
(1) A more agreeable time frame for properties not in compliance with the ordinance at
the time of adoption, not exempting municipal lighting fixtures.
(2) A design-based approach to govern light fixtures rather than referencing
cumbersome performance standards (inc. shielding, trespass, fixture types).
(3) The ability to provide for `up-lighting' in certain circumstances (streetscape designs).
(4) The need to regulate signs and holiday lighting, however allowing for business signs
that comply to the existing municipal sign code to remain on after business hours.
(5) Deletion of the variance provision.
Discussion:
Staff would request that Council provide appropriate direction regarding the business points
noted above, and what discussion areas require further refinement (including any not listed
here) before we bring a revised draft ordinance to you for your consideration on first
reading.
Memo to Town Council, October 6, 2004 Page 1 of 2
Outdoor Lighting Ordinance
Manager Comments:
Memo to Town Council, October 6, 2004 Page 2 of 2
Outdoor Lighting Ordinance
AC O L O R A D O
Tam dAwn
P.O. Bcbc975
4W Bffdrwk Road
Awn Waacb&620
970-74&4005
Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager
Date: October 7, 2004
Regarding: 1-70 Central Mountain Transportation Corridor Coalition
Summary:
The attached material for Rural Resort Region indicates the organizational structure of the
above referenced Coalition, and the dues structure for 2005. This coalition has been
previously contemplated and supported by the council. An agreement has been signed by
the Town, which supports a collaborative effort to enhance multi modal and environmentally
sensitive transportation alternatives. The same agreement has been signed by other
governmental and private stakeholder groups along the 1-70 corridor as well.
Rural Resort Region is requesting execution of the attached confirmation and dues notice in
order to participate in the program in 2005. This membership, and participation in RRR and
the coalition is anticipated in the 2005 budget.
Recommendation:
We recommend the approval of the Dues Notice and Confirmation to Rural Resort Region.
-?? RURAL RESORT REGION
PO Box 2308 • Silverthorne, Colorado 80498
Art
COU%CCIi OF OV N'tT _ 970-468-0295 • Fax 970-468-1208 • email: RRR@nwc.cog.co.us
October 1, 2004
Larry Brooks
Town Manager
Town of Avon
PO Box 975
Avon CO 81620
Dear Larry:
in %002 Rural Ru:?urt Region (RRR) implemented a new partnership v itli Nc)rthv,-es
Colorado Council of Governments (NWCCOG): This partnership has positioned
Rural Resort Region to have a significant impact on social issues affecting rural resort
communities. For 2004, membership in RRR was offered at no charge to all
interested jurisdictions and as a benefit of NWCCOG membership. RRR project costs
were covered through a surplus of funds from 2003 and private sector sponsorships.
RRR has successfully completed several projects in 2004 including increases in FHA
mortgage limits for several of its affiliated counties; an eight-county regional
benchmark report, and facilitation of multiple public/ private partnerships to
promote workforce housing.
At the request of its affiliates, RRR convened an organizational meeting on July 16,
2004 for the I-70 Central Mountain Transportation Corridor Coalition, a partnership
recently created through an Inter-Governmental Agreement. Thirty-five persons
representing nineteen local government jurisdictions attended the July meeting. This
coalition of local governments was formed to advocate with one voice, on local
transportation interests concerning the I-70 Central Mountain Corridor in Colorado.
The local governments forming the coalition span from Idaho Springs on the east to
Gienwood Springs on the west; and include local governments in Grand, Lake anti
Pitkin counties who are dependent on I-70, although not located within the corridor.
At the September 23rd meeting, the RRR Board agreed to make the I-70 Central
Mountain Corridor its primary issue for 2005 and dedicate up to 75% of their annual
dues to support the administration of the coalition. With the release of the draft I-70
PEIS report expected at the beginning of 2005, RRR affiliates believe that a united,
regional voice advocating the preferred local alternative is critical. The mission of the
Coalition is "To enhance public accessibility and mobility in the 1-70 Central
Mountain Corridor and adjoining dependent counties through the implementation of
joint public and private transportation management efforts."
Rural Resort Region is a voluntary coalition of county and municipal governments, business organizations
and other entities who desire to address regional issues of mutual concern.
Founding jurisdictions: Eagle County, Garfield County, Lake County, Pitkin County, Summit County.
Larry Brooks
October 1, 2004
Page 2
I have enclosed the 2005 Rural Resort Region Dues Notice and Confirmation for your
jurisdiction. As you prepare your budget for 2005, we ask that you include affiliation
with Rural Resort Region and help to strengthen the voice of the I-70 Coalition.
Although payment of RRR dues are not expected until February 2005, we do ask that
you return the confirmation of intent to participate by November 15, 2004 to help us
in preparing the RRR budget for 2005.
Please call Liz Finn, Rural Resort Region's Coordinator, if you have any questions at
970-468-0295 ext. 123. Thank you for your continued participation.
Sincerely,
? rte.
Tresi, Houpt
Commissioner, Garfield County
Chair, Rural Resort Region
enclosure
1 ? ?[Ji'dC.l
COU+?CIL OF GOVERNMENTS
W J
2005
RURAL RESORT REGION
DUES NOTICE & CONFIRMATION
October 1, 2004
Larry Brooks
Town of Avon
PO Box 975
Avon CO 81620
2005 RRR Dues $750.00
Please be sure to include in your 2005 Budget.
Dues are payable by February 28, 2005.
THANK YOU FOR YOUR SUPPORT!
Please return confirmation
By November 15, 2004 to:
Northwest Colorado Council of Governments
PO Box 2308
Silverthorne, CO 80498
Town of Avon 2005 RRR Dues $750.00
Confirmed by:
Authorized Signature Date
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
OCTOBER 12, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDLING, 400 BENCHMARK ROAD, AVON, CO
Call to Order / Roll Call
2. Citizen Input
a. Dominic Mauriello, Request to review duplex lot split in Wildridge PUD, (Lot 24,
Block 4, Wildridge Subdivision, 5581 Coyote Ridge)
3. Ordinances
First Reading
a. Ordinance No. 04 - 16, Series of 2004, First Reading, An Ordinance Amending
Section 2.08.040, Avon Municipal Code, Relating to the Jurisdiction of the Municipal
Court (John Dunn) - Legislation addressing a decision of the Colorado Supreme
Court made earlier this year regarding municipal court and the appropriate venues
for zoning appeals.
First Reading
b. Ordinance No. 04-17, Series of 2004, First Reading, An Ordinance Approving The
Third Amendment (The "Third Amendment") To The Annexation And Development
Agreement For The Village (At Avon) Dated As Of October 13, 1998, And Recorded
On November 25, 1998, At Reception No. 677743, As Amended By The First
Amendment To Annexation And Development Agreement Dated As Of November
13, 2001, And Recorded On December 12, 2001, At Reception No. 779049, And The
Second Amendment To Annexation And Development Agreement Dated As Of May
27, 2003, And Recorded On July 30, 2003, At Reception No. 842248 (As So
Amended, The "Development Agreement"); And Authorizing And Instructing The
Mayor Of The Town To Sign The Third Amendment On Behalf Of The Town. (John
Dunn)
4. Resolutions
a. Resolution No. 04-35, Series of 2004, Resolution approving an Intergovernmental
Agreement between the Town of Avon and the Eagle River Fire Protection District for
the Purpose of Coordinating the Implementation and Administration of the 2003
Edition of the International Fire Code (Norm Wood) - Agreement that maintains the
coordination between the Town and the District for the effective administration of the
International Fire Code.
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
Avon Council Meeting. 04.10.12
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
OCTOBER 12, 2004 - 5:30 PM
11. Consent Agenda
a. Approval of the September 28, 2004 Regular Council Meeting Minutes
b. Metcalf Storm Drainage Project, Change Order No. 1 (Norm Wood) Extend project
across Lot 22 to Metcalf Road.
c. Cost Share Agreement for Extension of Metcalf Drainage Project across Lot 22,
Block 2, Benchmark at Beaver Creek (0077 Metcalf Road) (Norm Wood)
d. Restated and Amended Intergovernmental Agreement for Transportation Services
(Bob Reed) Agreement with Beaver Creek Metropolitan District for Transit service
12. Adjournment
Avon Council Meeting.04.10.12
Memo
Ta Honorable Mayor and Town Council
AVON
C O L O R A D O
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Director '-
Dale: October 6, 2004
Re: Request to review policy on Duplex lot split in Wildridge PUD
Background:
Dominic Mauriello has requested the opportunity to meet with Town Council to review the
standing policy of the `Duplex' zoning designation as it exists in the Wildridge PUD.
We have had several discussions over the past few years with various applicants
requesting the same clarification of policy on the definition of a `duplex', and the general
consensus about requesting a PUD amendment to further resubdivide a duplex lot and
construct two single-family homes on lots currently zoned duplex in the Wildridge PUD.
The applicant is seeking Council direction on this issue before submitting a PUD
amendment application and preliminary subdivision for a property in Wildridge that is
currently zoned duplex.
Staff Recommendation:
Staff requests that the applicant submit a PUD amendment application if he believes the
merits and criteria proposed for this application justify the request.
We would recommend no change to the existing policy (stemming from minutes recorded
as Resolution 91-17), Avon Municipal Code and the existing Design Review Guidelines
related to the `integration' or `attachment' qualities that must comprise a duplex-zoned
property, be it in Wildridge or another subdivision.
Town Manager Comments:
Attachments:
A. Letter requesting Council work-session from MPG and backup as submitted.
October 12, 2004 Town Council meeting
Request to review policy on Duplex designation in Wildridge PUD
I v D
I ilcl
Mauriello Planning Group
October 6, 2004
Members of Avon Town Council
C/O Tambi Katieb, AICP
Director of Community Development
Town of Avon
PO Box 975
Avon, CO 81620
REC'EIV'ED
OCT 0 7 2004
CoMmunn Develapment
Re: Lot 24 Subdivision
Dear Town Council:
I represent Dr. Paul Abbott who owns Lot 24, Block 4, Wildridge Subdivision located at
5581 Coyote Ridge. I have been working with Dr. Abbott in order to prepare an
application to subdivide this 1.61 acre duplex lot into two single-family home-sites. We
believe the proposed subdivision is appropriate given the character of other lots in the
vicinity, the benefits gained by adjacent homeowners, and the lack of negative impacts
associated with the subdivision. Our proposal will make clear how this subdivision
reflects good planning and how the Town might prevent other requests that might not.
Background:
In 1991, over 13 years ago, Councilman Ptach proposed a resolution (Resolution No. 91-
17, Series of 1991 attached) and entered it on the floor (there was no actual resolution
drafted, it was entered verbally on the floor). The minutes from that hearing indicate that
the resolution was intended to send direction to the Planning and Zoning Commission
that they should interpret that two unit lots mean "attached duplex buildings and no
detached duplex allowed and three unit or greater would mean multi-family attached
buildings of three units or more per building." The motion to approve the resolution
passed by a vote of 3 to 2 (Tom Ptach, Jim Stovall, and Mike Bennett voting in favor and
Albert Reynolds and Gloria McRory opposed).
Proposed Criteria:
We understand that the policy set by Resolution No. 91-17 was somewhat of a knee-jerk
reaction to a series of poorly conceived and implemented duplex subdivisions. The
manner in which the resolution was introduced and presented seems to support this
characterization. The better approach might be to develop some standards and criteria by
PO Box 1127-Avon, CO 81620-Office: 970-748-0920-Fax: 970-748-0377-Cell: 970-376-3318¦mauriello@comcast.net
which such subdivision proposals could be fairly evaluated, thus giving the Planning and
Zoning Commission the tools necessary to weed out the bad proposals. There are
examples of lots within the Wildridge neighborhood that if subdivided, would result in
better planning and reflect more of the character of development in the area. We believe
Lot 24 is a prime example of an appropriate subdivision of a duplex lot.
We believe that if the following criteria and standards are used, the Town can effectively
evaluate duplex subdivision requests:
1. The duplex lot to be subdivided shall have an area of 1.5 acres or greater
excluding any areas of the lot currently designated on the amended final plat of
the Wildridge Subdivision as "non-buildable area;"
2. The subdivision of the duplex lot shall result only in the creation of two single-
family lots to be developed with one single-family home on each lot for no net
increase in density;
3. The resulting single-family lots shall each have an area of slope less than or equal
to 30% of at least 0.25 acres therefore avoiding development on steep slopes.
Proposed building envelopes shall be located predominately in areas with 30%
slope or less;
4. The proposed lot sizes shall be consistent with the lot sizes of other duplex and
single-family lots in the general vicinity of the subject parcel;
5. The proposed subdivision shall not result in an unsafe or impractical access
condition or the resulting single-family lots are developed with the use of a shared
access with only one curb-cut;
6. The resulting single-family lots have access to an existing paved public street and
does not require the extension of a public or private road;
7. The proposed subdivision results in greater control of development through the
use of building envelopes, no building zones, or the imposition of greater setbacks
thereby reducing the impacts to neighbors that would have occurred with the
development of a duplex on the parcel.
8. The proposed subdivision avoids the creation of narrow lots forcing future single-
family homes to have a narrow footprint with minimal separation between homes.
Applicability:
Using the above criteria and standards there are only a few duplex lots in Wildridge that
would qualify for a single-family subdivision. There are 29 duplex lots that are 1.5 acres
or greater in total area. Of these, there are only 13 that have 1.5 acres within the
"buildable area" of the lot as indicated on the recorded plat. Of these 13, one is owned by
the Town of Avon (Lot 1, Block 3) and 5 are already developed with duplex structures,
PO Box 1127-Avon, CO 81620-Office: 970-748-0920-Fax: 970-748-0377-Cell: 970-376-3318-mauriello@comcast.net
thus leaving 7 lots that would likely qualify. Of these 7, about half would likely not meet
the other criteria that has been established (a detailed slope analysis or access analysis has
not been performed on any lots other than Lot 24). Potential qualifying lots for a single-
family subdivision include:
• Lot 24, Block 4 - Paul Abbott
• Lot 56, Block 2 - Rice/Sunday
• Lot 5, Block 3 - Dantas
• Lot 68, Block 3 - Heymann
• Lot 36, Block 3 - Wanty
• Lot 30, Block 2 - Bohart
• Lot 21, Block 2 - Plavec
(Vacant)
(Duplex but potential teardown)
(Approved for duplex, likely too steep)
(Vacant)
(Vacant)
(Single-Family, likely too steep - poor access)
(Vacant, poor access)
Lot 24, Block 4 - Our Proposal:
Below is an analysis of the criteria as they would apply to Lot 24:
1. The duplex lot to be subdivided shall have an area of 1.5 acres or greater
excluding any areas of the lot currently designated on the amended final plat of
the Wildridge Subdivision as "non-buildable area";
Our Analysis:
Lot 24 has a total area of 1.61 acres. There are no officially designated "non-
buildable" areas per the amended final plat for Wildridge Subdivision.
2. The subdivision of the duplex lot shall result only in the creation of two single-
family lots to be developed with one single-family home on each lot for no net
increase in density;
Our Analysis:
The proposed subdivision will create two single-family home-sites to be
developed with one dwelling unit on each lot. There is therefore no proposed
increase in density.
The resulting single-family lots shall each have an area of slope less than or equal
to 30% of at least 0.25 acres therefore avoiding development on steep slopes.
Proposed building envelopes shall be located predominately in areas with 30%
slope or less;
Our Analysis:
The resulting single-family lots, Lot 24A and 2413, each have a total lot area
of 0.621 acres and 0.989 acres, respectively. Lot 24A has 0.45 acres of
buildable area at 30% slope or less and Lot 24B has 0.57 area of buildable
area at 30% slope or less.
PO Box 1127-Avon, CO 81620-Office: 970-748-0920-Fax: 970-748-0377-Cell: 970-376-3318-maurieilo@comcast.net
4. The proposed lot sizes shall be consistent with the lot sizes of other duplex and
single-family lots in the general vicinity of the subject parcel;
Our Analysis:
The average size of lots having frontage on Coyote Ridge, excluding Lot 24, is
0.87 acres. The four smallest lots are 0.4 acres, 0.45 acres, 0.47 acres, and
0.64 acres. These are all duplex lots. The proposed lot sizes for Lots 24A and
24B are 0.621 acres and 0.989 acres, respectively. Therefore, the proposed
lot sizes for these two single-family lots are consistent with the character of
the area.
5. The proposed subdivision shall not result in an unsafe or impractical access
condition or the resulting single-family lots are developed with the use of a shared
access with only one curb-cut;
Our Analysis:
The proposed subdivision includes only one access point using a shared
access easement therefore minimizing impacts to the function of the
roadway. As proposed, the access would be no different than if developed as
a duplex.
6. The resulting single-family lots have access to an existing paved public street and
does not require the extension of a public or private road;
Our Analysis:
The proposed subdivision has access to an existing paved street. The
subdivision does not require the extension of a public or private roadway.
7. The proposed subdivision results in greater control of development through the
use of building envelopes, reduced building height, or the imposition of greater
setbacks thereby reducing the impacts to neighbors that would have occurred with
the development of a duplex on the parcel.
Our Analysis:
The proposed subdivision allows for greater control of development of this
parcel of land. The proposal includes building envelopes which direct
development on the site. The building envelope results in increased setbacks
to neighboring properties (33' to the south and 40' to the north) and creates a
40' buffer between the building envelopes (twice the typical setback in
Wildridge). The plat includes a restriction on building height of 30'
therefore reducing the allowable building height by 5' in order to reduce
potential impacts to neighbors.
PO Box 1127•Avon, CO 81620-Office: 970-748-0920•Fax: 970-748-0377•Celi: 970-376-3318•mauriello@comcast.net
8. The proposed subdivision avoids the creation of narrow lots forcing future single-
family homes to have a narrow footprint with minimal separation between homes.
Our Analysis:
The proposed subdivision allows for two generously sized lots of adequate
size to accommodate homes. The lots created are irregular and allow for
generous separation between future homes.
Attached is a proposed plat for lots 24 A and 24 B, a layout showing a potential
development scenario for the lots, and an example of how a duplex might be developed
on the site. Additionally, I have provided a copy of Resolution No. 91-17, Series of
1991.
We thank you for the opportunity to present our proposal and receive feedback from the
Town Council.
Sincerely,
Dominic F. Mauriello, AICP
Principal
PO Box 1127mAvon, CO 81620-Office: 970-748-0920•Fax: 970-748-0377-Cell: 970-376-3318,mauriello@comcast.net
Sep-20-2004 11:12am From-TOWN OF AVON COMMUNITY DEVELOPMENT 8708485748 T-058 P 002/007 F-220
RESOLUTION NO. 91-17
SERIES OF 1991
The attached sheet is from the.Town Council Meeting Minutes Hof
June 25, 1991.
Resolution No. 91-17, Series of 1991 was not put in written form;
only verbal via the attached minutes.
Sep-20-2004 11:12am From-TOWN OF AVON COWUNITY DEVEIOPIRNT 9709495749 T-058 P 003/001 F-220
I
TOWN COUNCIL MEETING MINUTES OF JUNE 25, 1991,
This ordinance would be deferred until the July 9, 1991 Council
Meeting.
11
At that point, Councilman Ptach entered a Resolution on the floor.)
He proposed that Resolution No. 91-17, Series of 1991 be proposed
stating that the Town of Avon Council direct the Planning and Zoni q
Commission and the Design Review Board to no longer allow any fug er
subdivision of residential, lots in the Wildridge Subdivision.
Additionally, the Planning and Zoning Commission and the Design
Review Board would be instructed to enforce the regulations as
written i4 Wildridge to interpret that two unit lots mean "attached
duplex buildings and no detached duplex allowed and, three unit
or greater lots would mean multi-family attached buildings of threg
units or more per building". The motion was seconded by Councilma„
Bennett.
Mayor Davis stated that there was a moratorium on this issue at thi1s
time, and it was not clear of what the resolution would accomplish;
Councilman Ptach stated that the resolution would accomplish no
further subdivision of residential lots in Wildridge. He stated,t at
it deterred from the character of Wildridge and a resolution was
needed as to comfort the residents of what was happening in Wildri qe.
Mayor Davis stated that it was not appropriate to circumvent the
that the Council had been discussing the issue. He stated that throces_
Council agreed in an earlier work session to come up with a way toe1
resolve this issue.
Councilwoman MCRory stated that it was the consensus that 30,000 square
feet of 40,000 square feet might be' acceptable - to allow the
duplex subdivision for single family homes.
The Mayor felt that that was the consensus of the'Council and that This
issue be reviewed and brought back to the next meeting.
Councilwoman MCRory called for question.
Because of the nature of the issue, the Mayor called for a roll cal t.
Those Councilmembers voting aye were Tom Ptach, Jim Stovall and 14ikq
Bennett. Those Councilmembers opposing the resolution were Albert
Reynolds and Gloria McRory. The motion carried by a 3 to 2 vote.
The Mayor stated that
the Council at a he found that type of action objectable, for
gree at one point to discuss the issue further and
then to propose a resolution, approve it without any further
discussion was not appropriate.
I
I
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PLANNED UNIT DEVELOPMENT
POINT VIEW
LOT 24, BLOCK 4, WILDRIDGE SUBDIVISION
TOWN OF AVON, EAGLE COUNTY, COLORADO
P.U.D. SIGNATURE BLOCKS
I /
\ 1 /
\ I /
KNOW AL MEN BY THESE PRESENTS MAT BEING THE SOLE OWNERS N FEE SMPLE O ALL THE REAL
PROPERTY DE SCRIBED AS FOLLOWS
LOT 21, BE" 4, AEDRIOC{ SU8GV9GN, TOWN Of AVON, EAGLE C"PT. CT M Vo
ACCORDING TO THE PUT RECORDED AT _-___---__-- IN THE OFFICE OF THE
EAGLE COUNTY GIERR MID RECORDER
WE AGREE TO DEVELOP THE PLAN AS DEPICTED ON T.S SITE PUN.
By. Dr. PoW Abb vt -4 Jon Abbott
P.O. BOX _, AVON, COLORADO, 81620
BY
THE FOREGO04G SIGNATURES WERE ACKNOWLEDGED BEFORE ME THIS
DAY O , 2004 BY
BY
MY COMMISSION EXPIRES
WETNESS MY HAND AND SEAL
Ts-QMa ; \ I
NOTARY PUBM
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TOWN CERTIFICATE
NHS PUNNED UNIT DEALOPMENT AND THE DISC, ZOBNG STANDARDS AND DENSITIES ARE APPROVED
Cq7 li POFA NEW POD, (ORDINANCE 99-8) BY THE TOWN COUNCA O THE To- or AVON,
CIXINIY O EAGLE. STATE O COLORADO. THIS ---DAY OF ------_,
20D4, FOR FktNG 40TH CLERK AND PECCTDER O THE COUNTY O EAGLE. SAW APPROVAL
HULL IN NO WAY C9liGAR THE TOWN O AWN FOP ANY IMPtOVEWNT AND APPROVAL
N THIS SITE PLAN BY THE TOWN 6 A CCNSENT ONLY AND 6 NOT TO BE CONSTRUED AS
AN APPROVAL OF THE TECHNICAL CORECTWE CF THIS PLAN OR MY DOCUMENTATION RELATING THERE TO
"TRESS MY HAND ANO SEAL OF THE TOWN OF AVM
TOWN COUNCIL D THE TOWN O AVN
BY
Bur Re71NAAe, MAYOR
ATTEST
TOWN CLERK
CLERK AND RECORDER'S CERTIFICATE
THIS PLED UMI DEVELOPMENT WAS FEED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER AT -O'CLOCK- M. 200, AND IS DULY RECORDED IN BOCK( PAGE NO.
CLERIC AND RECORDER
BY
P.U.D. DEVELOPMENT GUIDE
A OBJECTIVE: TO PROVIDE 2 PROPERTIES EACH WITH A SINGLE FAMILY HONE BUILDING FOOTPRINT OF IMPERMEABLE
SURFACE 40T TO EXCEED 4,500 SQUARE FEET RESIDENCE SHALL BE LYTN TO A MAXIMUM OF 6.000 SQUARE FEET
'EAOAS RESIDENTIAL FLOOR AREA' AS DEFINED N SECTNN 1.10 0 NILOAIDE PROTECTIVE COVENANTS FIRST RECORDED
JAY 12, 1979 AND ARE ENTITLED 'RESTATEMENT OF AND THIRD AMENDMENT TO PROTECTIVE COVENANTS OF
WILDRID{ SUBDIVISION IN THE TOWN OF AWN, COUNTY, COLORADO.
T. 'POINT VIEW' PW 5 LOCATED VNJLLY WITHIN WLDPOGE PW SUBDIVISION AND SHAL BE
SUBJECT TO ALL OF THE REOUIREMNTS AND CONDITIONS "THIN THE ABOVE NAMED 'PROTECTRE CIMNANTS' EXCEPT
EXCEPT AS MAY BE SPECIFICALLY SHOWN ON THIS PLAN. THE PRIVATE OIVEWAY, DRNNAGE UTILITY LINES AND
LANDSCAPE AREAS SHARED N COMMON BY LOTS 24A AND 24B SHALL BE FOR THE USES COMMON TO SUCH
ELEMENTS "THIN THE SUBDIVISION MAINTENANCE OF THESE ELEMENTS SHALL BE THE RESPONSIBILITY or THE
OVk_RS OF SAID LOTS AS SPELLED WT IN AN AGREEMENT TO DE RECORDED WITH THE PROPERTY DEEDS FOR EACH LOT.
R BUILDING DEVELOPMENT STANDARDS
1. MAXIMUM BUILDING HEIGHT: 30'-0'
2 BUILDING SETBACKS FRONT 25' ALONG COYOTE RIDGE
SIDE: 40' ALONG NSIRTH SIDE ADJACERT TO LOT 23
SIDE: 10' ALONG SITOM SIDE ADJACENT To TRACT K
PEAR'. 10' ALONG SOUTH SIDE ADJACENT TO LOT 25
3 MAXXAM SITE COVERAGE 50%
4. MINIMUM LANDSCAPE AREA: 25%
5 MAXIMUM DENSITY 2 SINGLE FAMLY HOME SITES
6. SHOW STORAGE AREA 20% OF NPERNOUS AREA
C PARKING PROPOSED 4 SPACES PER HOME
(TO BE DESIGNED WON TOWN OPB APPROVAL OF PL.W)
D. PARKING PROPOSED, 1 OUTSIDE SPACES EA 2
3 GARAGE SPACES EA - 6
TOTAL SPACES - 8
1. PROPOSED SITE CRITERM,
1. TOTAL SITE 70,13284 SQUARE FEET
1.610 AGES
2. MAXIMUM IMPERMEABLE FOOTPRINT PER UNIT 4,500 SF.
IMPERMEABLE FOOTPRINT LOT 24A _ 3,286 SO. FT.
LOT 24B . 3,609 SQ FT
TOTAL . 6,895 S0. F1
1 IMPERMEABLE AREA - ASPHALT DRIVE PARKING
SF. - 7,188
4. LANDSCAPE AREA. 21,040 SF. (30%)
5. SHOW STORAGE: 3,300 S.F. (231)
6. SITE ANALYSIS REOURED
SITE COVERAGE 5M MAX
LANDSCAPE AREA 25% MN
SNOW STORAGE 20% W.
DEVELOPMENT NOTES
1. DEVELOPMENT STANDARDS FOR PONT VIEW P.O.D. SHALL BE OUTUNED AS FOLLOWS
2. C01MO4 LANDSCAPE AREA TO BE PLANTED By THE OWNERS OF THE LOTS AND MAlITARFD BY
BY THE OWNERS OF THE LOTS WITHIN THE DEVELOPMENT.
3. RUBBISH CONTAINER SHALL BE STORED N GARAGES UNTIL COLLECTED. AT INDIVIDUAL HOUSES
4. COMMON LANDSCAPE AREA (ACCESS AND UTNTY SERVICE EAYMCNT W). SHALL BE PLANTED ¦M
A MM OF EVERGREEN AND ASPEN TREES SPREAD OVER THE LENGTH OF THE COMMON AREA
SHRUBS SHALL BE A MIX OF RABBIT BRUSH. SAGE AND WILD ROWERS. SOWN GRASS SHALL
BE CONSISTENT NTH ADJACENT PROPERTIES.
5. All LOTS: BOLL GE BUFFERED FROMI OUTSIDE THE PROPERTY W TH THE SAME SHRUB MIX AS
THE COMMON LANDSCAPE ZONE LANDSCAPE PLANS FOR LOTS ADJACENT TO THE ZONE SHALL
INCLUDE THE CONTINUANCE OF THE SCHEME FOR UP TO 10% OF THE ADJACENT SITE. SODDED
AREAS SHALL DE NREGULM N SHAPE AND THE AREA SHALL BE M104S WD N EACH LOT
DEVELOPMENT PROPOSAL
6. LOT LANDSCAPE DE943NS SHALT. RE CONSISTENT NM OTHER HONES N THE AREA
T WERE POSSIBLE , LANDSCAPE SMALL BE INTEGRATED "TH EXM704G GRASSES. SNUBS NA SAGES
8. ANY ISSUE NOT ADDRESSED BY THE PUD APPROVAL GRANTED HEREBY SHALL BE GOVERNED BY THE
TOW O AWTN ZONING CODE.
9. THE MAXN" IMPERVIOUS SURFACE OF EACH LOT SHALL NOT EXCEED FORTY PERCENT (40%)
LOT 24A IMPERVIOUS SURFACE - BOOS SO. FT. LOT 248 IMPERVIOUS SURFACE . 5,968 SQ FT.
TOTAL SURFACE - 27,052 SO FT TOTAL SURFACE • 40.080 xi FT.
PERCENT IFEiVIOUS - 30% PERCENT IMPERVIOUS - 14%
IYPERNOS SALIENCE . 14,093 xi FT.
SITE EEVCOPMEHT STANDARDS` rotAL STAB'ACE . 70,133 xi FT
RESIDENTIAL SNOF FAMILY PERCENT IP(RNCVS . 20%
A. ALLOWED USES
1. (2) RESIDENTIAL D%ELLNGS.
2 ACCESSORY BUILDINGS AND USES.
0. SPECIAL RENEW USES.
1. NOME OCWPATDNS
2 ABOVE GROUND PUBLIC OR PRIVATE UTNTY INSTALLATIONS-
Q DEVELOPMENT STAND
t. MINMA4 LOT SIZE TWENTY SEVEN THOUSAND FIVE HUNDRED SQUARE FEET:
2 MAXIMM BUIDNG HEIGHT: THIRTY FEET
3 MINIMUM BUILDING SCM40M (AS SOW ON PD PUN)
4. MAXIMUM SITE COVERAGE: FIFTY PERCENT
5 MINIMUM LANDSCAPE AREA, TWENTY-EVE PERCENT
& MAXIMUM DENSITY: ONE RESIDENCE PER LOT
7. MAXIMUM ALLOWABLE FINISH GRADE ON ANY SITE SHALL BE
2,1 SLOPE OR SHALL BE RETAINED BY AM APPROVED METHOD.
ALPINE
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MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE DEFINING JURISDICTION OF THE
MUNICIPAL COURT
DATE: October 4, 2004
On your agenda is an ordinance limiting the jurisdiction of the municipal court so
that it does not include any claims against the Town.
This ordinance is adopted in response to a decision of the Colorado Supreme Court
earlier this year, Town ofFrisco v. Baum, 90 P.3d 845 (Colo. 2004). In that case, the court held
that, under the language of the Frisco Town Charter, the exclusive jurisdiction of any claims
against the Town of Frisco is vested in the Frisco Municipal Court. The court upheld a decision of
Judge Ruckriegle, dismissing a Rule 106 appeal of a zoning decision of the Frisco Town Council
which had been filed in Summit County District Court.
That decision has been under extensive discussion by municipal attorneys, at their
meetings in Steamboat Springs in August and Crested Butte in September. The consensus of the
municipal attorneys is that the decision is not in the best interest of the municipalities or the public
and that some action should be taken to avoid the result of the decision. The thinking of the
municipal attorneys is that municipal court is not an appropriate venue for zoning cases and that,
because there is an appeal from decisions of the municipal court to the district court, the effect is to
add an unnecessary step to the process. Some municipalities are contemplating a charter
amendment to remove the language of charters which vest "exclusive original jurisdiction" in the
municipal court, as does the Frisco charter. The Town of Avon has such language in its charter,
although that language is qualified by the language, "as may be conferred by law."
It is my opinion that the qualifying language permits the council, by ordinance, to
avoid the result of the Baum decision. Last week, in a conference call with the Vail, Breckenridge
and Minturn attorneys, whose charters are nearly identical as to the jurisdiction of the municipal
court, a consensus was reached to the same effect, and I expect that those three municipalities have
adopted or will adopt similar ordinances. The issue has also been reviewed with Judge Allen, who
agrees with the action being taken and who in particular feels that it would be a blatant conflict of
interest for the municipal judge to hear cases against the municipality.
Depending on how this issue plays out over the next two years, the council may
want to consider a charter amendment at the next regular municipal election. At this time, I do not
think that step is necessary.
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-16
SERIES 2004
AN ORDINANCE AMENDING SECTION 2.08.040, AVON
MUNICIPAL CODE, RELATING TO THE JURISDICTION OF
THE MUNICIPAL COURT
WHEREAS, Section 10.2, Town of Avon Home Rule Charter, provides
that there shall be a municipal court vested with exclusive original jurisdiction of
all causes arising under the ordinances of the Town as may be conferred by law;
and
WHEREAS, this Ordinance is adopted in implementation of said Section
10.2 to limit the jurisdiction of the municipal court conferred by the laws and
ordinances of the Town;
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Amendment. Section 2.08.040 of Chapter 2.08, Title 2, Avon
Municipal Code, is amended by designating it subsection (a) and by adding a subsection
(b) to provide as follows:
(b) The Municipal Court shall not have jurisdiction over any civil action against
the Town, including any claim brought pursuant to Rule 106, Colorado Rules of Civil
Procedure.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 12th day
of October, 2004 and a public hearing shall be held on this Ordinance on the 26th day of
October, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
the 26th day of October, 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 04-16 Muni Court
Page 2 of 2
MEMORANDUM
FROM: TOWN ATTORNEY
TO: TOWN COUNCIL
SUBJECT: THE VILLAGE (AT AVON)
DATE: October 7, 2004
Included on the October 12 agenda is an ordinance approving a Third Amendment
to Annexation Agreement. As you know, the amendment, which is attached as an exhibit to the
ordinance, will increase charges to The Village for police services from what was a nominal
amount to approximately $200,000, effective July 1, 2004.
Negotiation of the amendment was a two-step process over nearly a year. The first
step was the acknowledgement by Traer Creek that the Annexation and Development entered into
in 1998 was flawed as to the calculation of the cost of police services. The second step was the
agreement to a new formula which reflects the original intent of the parties that The Village pay for
the actual cost of police services provided to it. For the most part, that was a smooth process of
collaboration between Scott Wright and Dean Johnson, Traer Creek's consultant.
You will note that there is no Exhibit "A" to the amendment. There is a reference in
the document to an Exhibit "A," but the reference is to Exhibit "A" of the original Annexation and
Development Agreement. Munsey Ayers and I have agreed that, the next time the agreement is
amended, it will be restated in its entirety so that there is a single agreement governing the
relationship between the Town and The Village.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-17
SERIES OF 2004
AN ORDINANCE APPROVING THE THIRD AMENDMENT (THE "THIRD
AMENDMENT") TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR
THE VILLAGE (AT AVON) DATED AS OF OCTOBER 13, 1998, AND RECORDED ON
NOVEMBER 25, 1998, AT RECEPTION NO. 677743, AS AMENDED BY THE FIRST
AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT DATED AS
OF NOVEMBER 13, 2001, AND RECORDED ON DECEMBER 12, 2001, AT
RECEPTION NO. 779049, AND THE SECOND AMENDMENT TO ANNEXATION AND
DEVELOPMENT AGREEMENT DATED AS OF MAY 27, 2003, AND RECORDED ON
JULY 30, 2003, AT RECEPTION NO. 842248 (AS SO AMENDED, THE
"DEVELOPMENT AGREEMENT"); AND AUTHORIZING AND INSTRUCTING THE
MAYOR OF THE TOWN TO SIGN THE THIRD AMENDMENT ON BEHALF OF THE
TOWN.
WHEREAS, the Town of Avon (the "Town") and Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado (the "District'),
and Traer Creek LLC, a Colorado limited liability company, EMD Limited Liability Company, a
Colorado limited liability company (collectively, the "Owner), have negotiated the terms and
conditions of the Third Amendment, which is attached hereto as Exhibit "A" and incorporated
herein; and
WHEREAS, the Town gave proper and timely posted notice of the dates and times of the
meetings at which the Town Council considered the Third Amendment; and
WHEREAS, the proposed full text of this Ordinance was duly published by posting in the
office of the Town Clerk and in three (3) additional public places within the Town, and said
publication also set forth the date and time of the public hearing at which the Town Council
considered the Third Amendment; and
WHEREAS, approval of the Third Amendment is in the best interests of the public
health, safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held a public hearing concerning the Third Amendment,
and by this Ordinance sets forth its findings and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS AND
CONCLUSIONS:
The Third Amendment complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68 of
Title 24, C.R.S.
3
2. All notices required for the public hearing at which the Town Council considered
the Third Amendment were properly and timely published, posted or mailed in
accordance with all applicable laws and regulations of the State of Colorado and
the Town. -
3. The public hearing held on the Third Amendment was conducted in accordance
with all applicable laws and regulations of the State of Colorado and the Town.
4. The Town has authority to enter into the Third Amendment pursuant to
Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14. 100
of the Avon Municipal Code.
5. Pursuant to Section 24-68-103(1), C.R.S., approval of the Third Amendment will
not restrict, impair, enlarge, or otherwise modify either the term or the scope of
the vested property rights associated with the Development Agreement.
6. The Town's approval of and entering into the Third Amendment is in the best
interests of the public health, safety and general welfare of the people of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO,
A. The Third Amendment is hereby approved, and the Town shall enter into
it and perform its obligations.
B. The Mayor of the Town is hereby directed to sign the Third Amendment
on behalf of the Town.
C. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk is hereby authorized and directed to publish
the full text of this Ordinance in a newspaper of general circulation within
the Town.
The effective date of this Ordinance shall be seven (7) days after publication of the notice
described in Section C above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PUBLISHED this 12th day of October, 2004, and a public hearing on this Ordinance shall be
held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 26th day
of October, 2004, at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon,
Colorado.
LA
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS DAY OF , 2004.
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
EXHIBIT "A'
THIRD AMENDMENT
TO ANNEXATION AND DEVELOPMENT AGREEMENT
This THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (this "Third Amendment") is made as of , 2004, by and
between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), and the
TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. Traer and EMD (collectively, "Owner") and the Town have previously executed
that certain First Amendment to Annexation and Development Agreement dated as of November
13, 2001, and recorded in the Eagle County, Colorado, real property records at Reception
No. 779049 on December 10, 2001 (the "First Amendment"), and that certain Second
Amendment to Annexation and Development Agreement dated as of May 27, 2003 (the "Second
Amendment"), which instruments amended that certain Annexation and Development
Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real
property records at Reception No. 677743 on November 25, 1998 (the "Original Agreement").
The Original Agreement, as so amended, is referred to in this Third Amendment as the
"Agreement."
B. The Agreement pertains to certain real property generally known as The Village
(at Avon), and more particularly described in Exhibit A attached to the Agreement (the
"Property").
C. Section 1.4 of the Agreement provides, inter alia, that amendments to the
Agreement must be effected in a writing signed by the Town and Owner. Section 1.4 of the
Agreement further provides that the term "Owner" for purposes of amending the Agreement
means "only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment." As more particularly set forth in Recital B of the First Amendment, EMD (with
respect to Planning Area M) and Traer (with respect to the remainder of the Property) constitute
Owner for purposes of amending the Agreement.
D. Subsequent to execution of the Agreement, Portions of the Property have been
subdivided as more particularly described in the Final Plat, The Village (at Avon) Filing 1,
recorded in the Eagle County, Colorado, real property records on May 8, 2002, at Reception
No. 795007 ("Filing 1"), the Final Plat, The Village (at Avon) Filing 2, recorded in the Eagle
County, Colorado, real property records on May 29, 2002, at Reception No. 796831 ("Filing 2"),
and the Final Plat The Village (at Avon) Filing 3, recorded in the Eagle County, Colorado, real
property records on June 24, 2004, at Reception No. 882176 ("Filing 3"). Additionally, certain
portions of the Property have been conveyed to other entities and individuals so that the current
628311 3
6
owners of the Property as of the date of this Third Amendment are: EMD; Traer Creek
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado (the "District"); Traer Creek-WMT LLC; Traer Creek-HD LLC; Traer Creek-RP
LLC; Buffalo Ridge Affordable Housing Corporation; Buffalo Ridge II LLLP; Eric Applegate;
Guy Erickson; Dave Kautz; Dannie Corcoran; Daniel J. Leary; the Town of Avon; and the
Colorado Department of Transportation, as their respective interests appear of record.
E. Each of the conveyances referred to in Recital D above was made subject to the
terms and conditions of the Agreement, including, without limitation, Section 1.4 of the
Agreement. None of the conveyances referred to in Recital D above were accompanied by a
specific written grant of the power to amend the Agreement as provided in Section 1.4 of the
Agreement. Accordingly, with the exception of the Town, EMD and Traer, no owner of any real
property constituting the Property or other person or entity has been granted any power to amend
the Agreement. As provided in Section 1.4 of the Agreement, no person or entity other than the
Town, EMD and Traer is required to execute or acknowledge an amendment to the Agreement as
a condition of such amendment being effective and binding on all parties to the Agreement and
all owners of real property constituting the Property.
F. The District, while not an Owner for purposes of amending the Agreement, has
expressly assumed and undertaken the performance of certain obligations of the Owner under the
Agreement, as more particularly set forth in the First Amendment.
G. The Town, the District and Owners have determined and agreed that the
following circumstances and changed conditions, among others, require further amendment of
the Agreement in order to more fully and accurately reflect and implement the original intent of
the parties thereto: (I) the original formula for calculation of the police services component of
the Municipal Services Invoice as set forth in Section 4.10(a)(iv) of the Agreement has, in
practice, failed to produce a result that is consistent with the parties' intent of accurately
reflecting on an annual basis the Town's actual cost of providing police services to the Project;
(II) due to the current pace of development within the Project and other changed circumstances,
the timing of the Phase 3 Improvements and the Phase 4 Improvements as set forth in Sections
4.3(b)(iii) and 4.3(b)(iv) of the Agreement is no longer appropriate or desirable.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements of the Town and Owner, as more particularly set forth herein, and for other good
and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
Town and Owner covenant and agree as follows:
1. Defined Terms. Unless otherwise defined in this Third Amendment, capitalized
terms used herein shall have the meanings ascribed to them in the Agreement.
628311 3
2
2. Amendments. The Agreement is hereby modified as follows:
(a) Section 1.1.16 is amended and restated to read in its entirety as follows:
1.1.16 Exhibits: The following Exhibits to this Agreement, all of which are
incorporated by reference into and made a part of this Agreement:
Exhibit A - Legal Description of the Property
Exhibit B - Police Services Methodology
(b) A new Section 1.1.27(a) is inserted (after existing Section 1.1.27 and
before existing Section 1. 1.28) to read in its entirety as follows:
1.1.27(a) Police Services Methodology: The agreed upon methodology for
calculation of the Town's annual cost of providing police services to the Project, as generally
described in Section 4.5(a) and specifically set forth in the spreadsheet entitled Calculation of
Police Services Village (at Avon) 2005 Projected Budgeted Revenues, a copy of which is
attached as Exhibit B of this Agreement, and which shall apply to the calculation of the police
services component for the period commencing July 1, 2004, and continuing through the term of
this Agreement.
(c) Sections 4. (b)(iii) and 4.3 b iv are amended and restated to read in their
entirety as follows:
(iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the
"Phase 3 Improvements") shall consist of the following improvements to the segment of
East Beaver Creek Boulevard between the western terminus of Beaver Creek Place and
the western boundary of The Village (at Avon): (A) construction of a two-lane roadway
with a third auxiliary lane at intersections and access points; (B) streetscape
improvements to the segment between the western terminus and the eastern terminus of
Beaver Creek Place, which improvements shall be in general conformance with the East
Beaver Creek Boulevard Streetscape Improvement Plans dated April 2000, prepared by
Inter-Mountain Engineering, Ltd. for the Town of Avon; and (C) streetscape
improvements to the segment between the eastern terminus of Beaver Creek Place and
the western boundary of The Village (at Avon), which improvements shall be in general
conformance with the streetscape improvements within Planning Area A. Subject to the
Town's timely issuance of the requisite permits, the District shall commence the Phase 3
Improvements by April 15, 2009, and shall employ commercially reasonable efforts to
cause completion of the Phase 3 Improvements on or before December 31, 2009;
provided, however, that in the event of an earlier re-subdivision of any area within
Planning Areas A through F, inclusive, as depicted in The Village (at Avon) PUD
Development Plan Administrative Amendment No. 1, dated May 21, 2001, and recorded
in the Office of the Eagle County Clerk and Recorder on July 31, 2001, at Reception No.
763439, the District shall commence the Phase 3 Improvements by April 15, and shall
employ commercially reasonable efforts to cause completion thereof by December 31, of
the year immediately following the recordation of any final subdivision plat which re-
subdivides any such area.
6283113
3
C l
(iv) Phase 4 of the East Beaver Creek Boulevard Improvements (the
"Phase 4 Improvements") shall consist of converting the Phase 2 Improvements from
temporary to permanent by the construction of (A) a permanent extension from the east
terminus of Beaver Creek Place to the Highway 6 Connector Road in accordance with the
road standards set forth in Section 1.5 of the PUD Guide, and (B) final design and
construction of a connection to Chapel Place. The District shall cause the Phase 4
Improvements to be commenced and completed in accordance with the subdivision
process involving Planning Areas A through F and H through J, as depicted in The
Village (at Avon) PUD Development Plan Administrative Amendment No. 1, dated May
21, 2001, and recorded in the Office of the Eagle County Clerk and Recorder on July 31,
2001, at Reception No. 763439.
(d) Section 4.10(a (iv) is amended and restated to read in its entirety as
follows:
(iv) With respect to the Town's annual cost of providing police
services to the Project for the period commencing July 1, 2004, and continuing through
the term of this Agreement, the applicable Municipal Services Invoice shall set forth the
Town's calculation pursuant to the Police Services Methodology. The percentage of time
allocated to the patrol factor calculation (35%) and the percentage of time allocated to the
service call factor calculation (65%) shall remain constant from year to year. However,
in connection with preparing the Municipal Services Invoice for each upcoming year, the
Town shall update the following components of the Police Services Methodology
annually: (A) the total direct costs for the patrol factor calculation; (B) the ratio of
Project lane miles to total lane miles within the Town's municipal boundaries (expressed
as a percentage); (C) the total direct costs for the service call factor calculation; (D) the
ratio of service calls within the Project to total service calls within the Town's municipal
boundaries (expressed as a percentage); (E) the total indirect costs for the preparedness,
administration and support factor calculation; and (F) the ratio of residential dwelling
units and commercial square footage within the Project to total residential dwelling units
and commercial square footage within the Town's municipal boundaries (expressed as a
percentage representing the average between the residential dwelling unit ratio and the
commercial square footage ratio). The annual update described above shall be subject to
reconciliation and audit pursuant to the procedures described in Sections 4.10(e) and
4.10(f).
(e) Pursuant to the terms of Section 6.8, the parties hereby designate the
following addresses for notice or communication in substitution of the addresses
originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being
unaffected hereby):
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
628311.3
4
\O
Attn: Town Manager
With a copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attn: Town Attorney
If to Owner by mail delivery:
Traer Creek LLC
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attn: Magnus Lindholm
Or, for delivery other than by mail:
Traer Creek LLC
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attn: Magnus Lindholm
With a copy to:
Otten, Johnson, Robinson, Neff& Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attn: Thomas J. Ragonetti, Esq. and Munsey L. Ayers, Esq.
If to the District:
Traer Creek Metropolitan District
c/o McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, Colorado 80202
Attn: Darlene Sisneros, Esq.
3. Effect of Amendment. Except as expressly modified by this Third Amendment,
the Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force
and effect in accordance with its terms. If there is any inconsistency between the terms of the
Agreement and the terms of this Third Amendment, the provisions of this Third Amendment
shall govern and control.
6233113
5
4. Governing Law. This Third Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
5. Counterparts. This Third Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, and all such counterparts taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Town and Owner have executed this Third
Amendment as of the day and year first set forth above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
By:
62831 13
Name: Magnus Lindholm
Title: President
6
1
THE TOWN:
Approved as to legal form by:
Name: John Dunn
Title: Town Attorney
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name: Albert D. Reynolds
Title: Mayor
AND IN WITNESS WHEREOF, the District hereby acknowledges and agrees to
perform its obligations under the Agreement, as modified by this Third Amendment.
THE DISTRICT:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By: _
Name
Title:
ATTEST:
By:_
Name:
Title:
628111 3
Secretary
Daniel J. Leary
President
7
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
200_, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
200_, by Magnus Lindholm, as President of LAVA Corporation, a
Colorado corporation, as Manager of EMD Limited Liability Company, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
,200 , by Albert J. Reynolds as Mayor of the Town of Avon, a municipal
corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
6233113
8
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 200_, by Daniel J. Leary as President of Traer Creek Metropolitan District,
a quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
6283113
Notary Public
9
Exhibit "B" To Third Amendment
To Annexation & Development Agreement
Calculation of Police Services
Village at (Avon)
2005 Projected Budgeted
Revenues
Town of Avon Statistics
Total Weighted Average Town Lane Miles - 2005 49.39
Total Weighted Average Village Lane Miles - 2005 10.42
Ratio of Village/Town Lane Miles - 2005 21.10%
Total Town Calls for Service - 2005 14,611
Total Village Calls for Service - 2005 1,008
Ratio of Village/Town Calls for Service - 2005 6.90%
Total Town Residential Dwelling Units - 12/31/05 3,528
Total Village Residential Dwelling Units - 12/31/05 244
Ratio of Village/Town Residential Units 6.92%
Total Town Commercial Square Footage - 12/31/05 1,661,793
Total Village Commercial Square Footage - 12/31/05 322,853
Ratio of Village/Town Square Footage 19.43%
Calculation of Police Services - 2005 Budget
Patrol Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol $ 949,124
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol 120,073
Vail Dispatch Services 181,094
1,250,291
% Direct Time Involved in Patrolling Streets
and Self-initiated Calls for Service x 35.00%
437,602
Ratio of Village Lane Miles to Total Lane Miles x 21.10%
Total Patrol Factor ? 41) VYz
Service Call Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol $ 949,124
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol 120,073
Vail Dispatch Services 181,094
1,250,291
% Direct Time Involved in Responding to
Calls for Service x 65.00%
812,689
Personnel Costs - Investigations 80,340
Gas, Fleet Maint., & Fleet Replacement Charges - Invest. 10,966
903,995
Ratio of Village/Town Calls for Service x 6.90%
Total Calls for Service Factor $ 62,366
Preparedness, Administration & Support Factor
Indirect Costs - 2005:
Administration Budget $ 278,010
Indirect Patrol Costs 75,159
Indirect Investigations Costs 6,418
359,587
Average of Residential DUs & Commercial Square Feet x 13.17%
Total Preparedness, Administration & Support Factor $ 47,365
Total Police Services Cost - 2005 $ 202,053
9/8/2004 12:55 PM
EXHIBIT "B"
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: October 4, 2004
Re: Resolution No. 04-35, Series of 2004, A Resolution Approving an Intergovernmental
Agreement Between the Town of Avon and the Eagle River Fire Protection District for the
Purpose of Coordinating the Implementation and Administration of the 2003 Edition of the
International Fire Code.
Notes:
1) Intergovernmental Agreements must be approved by two-thirds (2/3) majority
vote of the Council.
2) This Resolution was tabled at the September 14, 2004 Meeting. The first Council
action should be a motion to remove this item from the table for action.
Summary: Attached Resolution No. 04-35 approves an Intergovernmental
Agreement between the Town of Avon and the Eagle River Fire Protection District. This
Agreement is needed to maintain the coordination between the Town and the District for the
effective administration of the International Fire Code. This assures that Fire Code
inspections and plan reviews will be performed by qualified personnel from the Fire
Department and Building Permits and Certificates of Occupancy will be administered through
the Town of Avon Building Department.
There will be no cost to the Town with the implementation of this Agreement. The Fire
District will establish a fee schedule and collect the fees for plan review direct from the
developers.
I have reviewed the Agreement with Carol Mulson and Charlie Moore with District and they
have stated that the District's Attorney has reviewed the Agreement and they anticipate
approval at the District Board meeting this month.
C:ADocuments And Settings\Nwood\My Doeuments\TempAB1dg. CodesTire Agmint Res Memo-2.Doc
We recommend approval of Resolution No. 04-35, Series of 2004, A Resolution Approving an
Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection
District for the Purpose of Coordinating the Implementation and Administration of the 2003
Edition of the International Fire Code.
Recommendation: We recommend approval of Resolution No. 04-35,
Series of 2004, A Resolution Approving an Intergovernmental Agreement Between the Town of
Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the
Implementation and Administration of the 2003 Edition of the International Fire Code.
A roll call vote is recommended to assure the requirement for a two-thirds vote of the
Council is complied with.
Proposed Motion: I move to approve Resolution No. 04-35, Series of 2004,
A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the
Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and
Administration of the 2003 Edition of the International Fire Code.
Town Manager Comments:
0 Page 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-35
SERIES OF 2004
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION
DISTRICT FOR THE PURPOSE OF COORDINATING THE IMPLEMENTATION
AND ADMINISTRATION OF THE 2003 EDITION OF THE INTERNATIONAL FIRE
CODE
WHEREAS, the Town Council has adopted the 2003 Edition of the International Fire
Code; and
WHEREAS, the Eagle River Fire Protetion District administers fire protection for all
properties within its boundaries; and
WHEREAS, the Town of Avon is within the boundaries of the Eagle River Fire
Protection District; and
WHEREAS, the attached Intergovernmental Agreement (Exhibit A) between the Town of
Avon and the Eagle River Fire Protection District designates the Fire Chief of the District as a
designated representative of the Building Official of the Town; and
WHEREAS, as a designated representative of the Building Official, the Fire Chief will
conduct Fire Code inspections and plan reviews required in the implementation and
administration of the 2003 Edition of the International Fire Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the attached Intergovernmental Agreement Between the Town of
Avon and the Eagle River Fire Protetion District (Exhibit A) is hereby approved by the Town
Council of the Town of Avon.
ADOPTED THIS DAY OF 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
Exhibit A
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE
PROTECTION DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as
of this day of , 2004, by the Town of Avon, a political
subdivision of the State of Colorado (hereinafter referred to as the "Town") and the Eagle
River Fire Protection District, a quasi-municipal Corporation and political subdivision of
the State of Colorado (hereinafter referred to as the "District"). Collectively these entities
are also referred to as the "Parties."
RECITALS
WHEREAS, effective on , 2004, the Town adopted the
International Building code, 2003 Edition, together with appendices and amendments
there to as set forth in Town of Avon Ordinance No. 04- ; and
WHEREAS, effective on , 2004, the Town adopted the
International Fire Code, 2003 Edition, together with appendices and amendments as set
forth in Town of Avon Ordinance No. 04- ; and
WHEREAS, the Eagle River Fire Protection District administers fire protection
for all the properties within its boundaries; and
WHEREAS, the Town has established the position of Building Official; and
WHEREAS, the Fire Chief of the District conducts Fire Code inspections and
plan reviews; and
WHEREAS, the Town desires to designate the Fire Chief of the Eagle River Fire
Protection District the title of a designated representative of the Building Official only for
the purpose set forth herein; and
WHEREAS, the town has the power to issue and withhold building permits; and
WHEREAS, the Colorado Constitution and statues of the State of Colorado
permit and encourage agreements between political subdivisions of the State, in order
that the inhabitants of such political subdivisions may thereby secure quality
governmental services; and
WHEREAS, the purpose of this Intergovernmental Agreement is to provide plan
review, fire code inspection and fire code enforcement as set forth herein within the
Town.
NOW THEREFORE, in consideration of the covenants and mutual agreements
contained herein, and for other good and valuable consideration, the Parties hereto agree
as follows:
1. The Town shall provide the District all building plans for all occupancies
except Group R-3 and Group U as defined in the Building Code, to be constructed or
located within the Town. The District shall, through the Fire Chief, provide plan review
comments to the Town within two weeks upon receipt of building plans, inspections and
code enforcement as to the fire prevention and suppression portions of the plans and
construction for all such occupancies. Code enforcement (beyond stop work orders) will
be done jointly with the Town.
2. The Town may not issue a building permit for any structure unless such
building plans demonstrate compliance with the Town's Building Code and Fire Code
and shall not issue a certificate of occupancy, whether temporary or final, for any
structure, except Group R-3 and Group U occupancies, located within the Town until
after approved final inspection and signature by the Fire Chief
3. The Town shall provide the Fire chief all applicable land use applications
within the Town. The District, acting through the Fire Chief shall provide application
review, inspections and enforcement as to the fire prevention and suppression portions of
the applications and supporting plans. Enforcement shall be done jointly with the Town.
4. Within thirty (30) days of executing this Intergovernmental Agreement,
the District shall submit comments on all applicable land use applications and building
permit plans within the Town.
5. The District shall issue permits for the installation of fire alarms and fire
sprinklers for all occupancies except R-3 and Group U and collect and retain fees as
stipulated in Resolution duly adopted by District board and consistent with fees charged
other entities contracting with the District for similar services.
6. The Fire Chief shall at all times have and maintain all licenses,
certificates, credentials and education as are required under the laws of the State of
Colorado, the Building Code and Fire Code to perform plan review and issue building
permits and certificates of occupancy, and inspect structures relative to fire safety
(including fire sprinkler) and Fire Code compliance.
7. The District agrees, to the extent permitted by law, to indemnify, defend
and hold harmless the Town, its respective agents, officers, servants, and employees of
and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions
and causes of actions whatsoever, arising out of or related to the Fire Protection District's
intentional or negligent acts, errors or omissions or that of its agents, officers, servants
and employees, whether contractual or otherwise. This indemnity provisions specifically
includes all general building inspection services performed by, or on behalf of the Fire
Protection District prior to the effective date of the agreement.
2
8. In performing any acts or duties contained in this Intergovernmental
Agreement, the Fire Chief will remain an employee of the District for all purposes,
including but not limited to all employment related laws and regulations including
payment of Worker's Compensation and compliance with Federal Fair Labor Standards
Act, and shall not be considered as employee of the Town. It is expressly acknowledged
and understood by the parties hereto that nothing contained in this Intergovernmental
Agreement shall result in, or be construed to as establishing, and employment
relationship. The Fire Chief shall be, and shall perform as, an independent contractor.
No agent, subcontractor, employee, or the District shall be, or deemed to be, the
employee, agent or servant of the Town. The Fire Chief shall not represent, act purport
to act or be deemed the agent, representative, employee or servant of the Town.
9. Each party to this Intergovernmental Agreement shall provide its own
public liability and property damage insurance coverage, as it may deem necessary for
any potential liability arising from this Agreement.
10. This intergovernmental Agreement shall automatically be renewed on the
first day of January of each year hereafter unless earlier terminated by either party, with
or without cause, by giving thirty (30) days written notice to the other party.
11. This Agreement shall be governed and construed in accordance with the
laws of the State of Colorado. Venue for any District Court action shall be in Eagle
County, Colorado.
12. All notices, requests, demands, consents and other communications
hereunder shall be transmitted in writing and shall be deemed to have been duly given
when hand-delivered or sent by certified, United States mail, postage prepaid, with return
receipt requested, addressed to the parties as follows:
The Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, CO 81620
Town of Avon, Town Manager
400 Benchmark Road
Post Office Box 975
Avon, CO 81620
13. Nothing herein expressed or implied is intended or should be construed to
confer or give to any person or corporation or governmental entity other than the District
and the town, any right, remedy or claim under or by reason hereof or by reason of any
covenant or condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the District, or any other entity not a party hereto.
14. If any portion of this Intergovernmental Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Parry or as
to both Parties, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining provisions
shall be fully severable and this Agreement shall be construed and enforced as if such
invalid provisions had never been inserted into this Agreement.
15. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by all the Parties to this Agreement.
16. This Agreement represents the full and complete understanding of the
Parties, and supersedes any prior agreements, discussions, negotiations, representations
or understandings of the Parties with respect to the subject matter contained herein.
EXECUTED as of the date first written above.
Town of Avon
Albert D, Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
Eagle River Fire Protection District
By:
ATTEST:
By:
4
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD SEPTEMBER 28, 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 5:30 PM. A roll call was taken and Council
members present were Debbie Buckley, Peter Buckley, Brian Sipes and Ron Wolfe. Michael
Brown and Mac McDevitt were absent. Also present were Town Manager Larry Brooks, Town
Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny,
Community Development Director Tambi Katieb, Finance Director Scott Wright, Police Chief
Jeff Layman, Town Engineer Norm Wood and Public Works / Transit Director Bob Reed as well
as members of the press and public.
Community Development Director Tambi Katieb introduced new senior planner for the Town,
Eric Heidemann. Both Bob Trueblood and Amy Phillips introduced themselves as candidates
running for Avon Town Council. It was noted that the Avon Council Candidate Forum would be
held in the Avon Chambers on October 20th sponsored by the WCTB & Avon Business
Association.
Ordinances
Mayor Reynolds stepped down at this time due to a conflict with the next agenda item.
Councilor P. Buckley moved to appoint Councilor D. Buckley as Chair of the meeting since the
Mayor stepped down. Councilor Wolfe seconded the motion and it passed unanimously by
those members present. Community Development Director Tambi Katieb then presented on
second reading Ordinance No. 04-15, Series of 2004, An Ordinance Approving an Amendment
to the Wildridge Planned Unit Development (PUD) for Lots 54, 55, 89, 90, Block 4, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado. He noted that this item was tabled at the
last meeting because the materials were not submitted early enough for staff to review them
acceptably. He explained that the applicant proposed to rezone four lots that are currently
zoned for duplex and triplex development to create eight single-family lots. It was also noted
that this application would be reviewed in conjunction with a preliminary subdivision application
and subdivision variance application in order to create the private access drive as proposed.
Chairwoman D. Buckley opened the public hearing. The applicant Jay Peterson indicated that
there were no other changes other than setting the maximum square footage of the homes at
5,000 on the lower lots. No comments were made, and the hearing was closed. Councilor P.
Buckley moved to approve Ordinance No. 04-15 on second reading; Councilor Wolfe seconded
the motion and it passed unanimously with a roll call vote by those members present (McDevitt
and Brown absent; Reynolds stepped down).
Resolutions
Town Engineer Norm Wood presented Resolution No. 04-37, Series of 2004, Resolution
Approving Preliminary Subdivision Variance and Preliminary Plan for Western Sage P.U.D, a
Resubdivision of Lots 54, 55, 89, 90, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado. He noted that the variance application was submitted in conjunction with the P.U.D.
above and is to allow the creation of four lots that do not have a frontage width of at least 25
feet on a dedicated street as required by the Avon Municipal Code. He explained that three of
the proposed lots would be accessed from Wildridge Road East and five of the lots would be
accessed by a common access easement extending from the cul-de-sac on Longsun Lane.
Access to these lots would be provided through a 30 feet wide common access easement and
covenants addressing the construction, use and maintenance of this access would be reviewed
with the Final Subdivision Plat. He also noted that existing water and sewer mains must be
extended to provide service to the newly configured lots. Both ERWSD and ERFPD have
submitted letters indicating that the conceptual plans for service to these lots are acceptable.
He mentioned the criteria for approval of a subdivision variance. Councilor Sipes moved to
approve Resolution No. 04-37, Series of 2004, Resolution Approving Preliminary Subdivision
Variance and Preliminary Plan for Western Sage P.U.D, a Resubdivision of Lots 54, 55, 89, 90,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Wolfe seconded the
motion and it passed unanimously with a roll call vote by those members present (McDevitt and
Brown absent; Reynolds stepped down).
New Business
Councilor P. Buckley wanted to inform the public that there has not been any formal application
submitted before the Town of Avon regarding a 25 story building on Lot 61.
Town Manager Report
Town Manager Larry Brooks noted that he would be at a conference October 17 through 20tH
and would be unable to attend the Avon Candidates Forum on October 20tH
Councilor Sipes reminded everyone of the Colorado Municipal League District Meeting on
October 7, 2004. He also provided an update to a recent NWCCOG meeting. And a final
reminder was given on the Budget Retreat scheduled for October 5, 2004 at 8:30 AM in the
Council Room.
Town Attorney Report
Town Attorney John Dunn presented updates to the litigation related to Lot 61 and the Third
Amendment to the Development & Annexation Agreement for the Village at Avon. He noted
that the deadline for the mediation between the two parties on Lot 61 would likely be extended.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda; Councilor Sipes the motion and it passed unanimously by those
members present)
a. Approval of the September 14, 2004 Regular Council Meeting Minutes
There being no further business to come before the Council, the meeting adjourned at 6:10 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
September 28, 2004
Page 2 of 2
1
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: October 7, 2004
Re: Change Order Number 1, Metcalf Basin Drainage Improvements (Nottingham
Road to I-70) Contract with Oldcastle SW Group, Inc. dba B&B Excavating, Inc.
to Extend Project Across Property at 0077 Metcalf Road.
Summary: Chris and Michelle Evans with Evans Chaffee Construction Group
recently purchased the property at 0077 Metcalf Road. They requested that the Town work
with them to expedite the Metcalf Storm Drainage Project across this property to allow them
to implement some parking and site improvements this fall. This is a natural extension of the
Metcalf Basin Drainage Improvements (Nottingham Road to I-70) Project that is currently
under construction. The attached Change Order Number 1 to the Metcalf Basin Drainage
Improvements (Nottingham Road to I-70) Project adds this work to the current contract with
Oldcastle SW Group, Inc. dba B&B Excavating, Inc. The added work includes only that to be
provided by the Town per an accompanying Agreement with BBG Holding Corporation (BBG).
The corresponding surface finish and site work will be arranged and paid for separately by BBG.
This Change Order extends the contract completion date from October 25, 2004 until November
26, 2004 and increases the Contract Amount by $ 153,236.04 from $ 175,989.65 to $ 329,225.69.
The proposed Total Project Budget is:
Current Proposed
Original Construction Contract $ 175,990 $ 175,990
Change Order Number 1 $ -0- $ 153,236
Engineering Design $ 39,900 $ 39,900
Contract Administration $ 10,000 $ 10,000
Testing $ 5,000 $ 5,000
Contingency $ 19,100 $ 21,534
Total Proposed Budget $ 250,000 $ 405,000
L\EngineeringACIP\Stormwater Metcalf (Mott To 170)A4.0 Construction Documents\4.5 Change Orders\Change Order No.I Men-to-Doc
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The Capital Projects Fund Budget as previously presented included $375,000 for this
Drainage Project with this addition. If this Change Order is approved the final draft of the
Capital Projects Fund Budget will revised to include $405,000 for this project prior to
adoption.
We recommend approval of the attached Change Order Number 1 to the Metcalf Basin
Drainage Improvements (Nottingham Road to 1-70) Project Contract with Oldcastle SW
Group, Inc. dba B&B Excavating, Inc., extending the completion date to November 25, 2004
and increasing the Contract Amount $ 153,236.04 to $ 329,225.69. This recommendation for
approval is in conjunction with a recommendation for approval of corresponding Agreement
Governing Design and Construction of Drainage and Site Improvements at 0077 Metcalf
Road between the Town of Avon and BBG Holding Corporation.
Recommendation: Approve Change Order Number 1 to the Metcalf
Basin Drainage Improvements (Nottingham Road to I-70) Project Contract with Oldcastle
SW Group, Inc. dba B&B Excavating, Inc., extending the completion date to November 25,
2004 and increasing the Contract Amount $ 153,236.04 to $ 329,225.69.
Town Manager Comments:
0 Page 2
CHANGE ORDER
Order No.: One
Date: October 12, 2004
Agreement Date: September 10, 2004
NAME OF PROJECT: Metcalf Basin Drainage Improvements (Nottingham Road to I-70)
OWNER: Town of Avon, Colorado
CONTRACTOR: Oldcastle SW Group Inc. dba B&B Excavating Inc
The following changes are hereby made to the CONTRACT DOCUMENTS.
Justification:
Additional Drainage Improvement installed adjacent to and / or on Lot 22, Block 1, BMBC and
TOA right-of-way.
Change Order Details:
Item 1.1 - Add Mobilization
Per Lump Sum 1 LS @ $ $ 4,291.00
Item 1.2 - Surveying / Staking
Per Lump Sum I LS @ $ $ 4,675.00
Item 1.3 - Pothole Utilities - Coordinating Utility Relocates
Per Lump Sum 1 LS @ $ $ 1,550.00
Item 2.1 - Remove and dispose of Ex. CMP Culvert
Per Linear Foot 167 LF @ $18.64 $ 3,112.88
Item 3.1 - Clearing and Grubbing (including removal and hauling of asphalt)
Per Lump Sum I LS @ $ $ 1,775.00
Item 3.2 - Site Grading
Per Square Foot 14,000 SF @ $0.42 $ 5,880.00
Item 3.4 - Channel Restoration at Outlet (including sediment removal to
restore riprap, installation of Fabric, and reshaping bottom of Channel to
tie into existing channel)
Per Lump Sum 1 LS @ $ $ 5,082.16
Item 6.1 - Install 87" x 63" Pipe
Per Linear Foot 225 LF @ $280.58 $ 63,130.50
Item 6.2 - Install Headwall and Drainage Structure at New Culvert Outlet
Per Cubic Yard 34.8 CY @ $ 800.00 $ 27,840.00
Item 6.3 - Install Headwall and Drainage Structure at New Culvert Inlet
Per Cubic Yard 29.6 CY @ $ 800.00 $ 23,656.00
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Item 6.4 - Install Grate at Drainage Structure Inlet
Per Each I EA
Item 6.5 - Install Grate at Drainage Structure Outlet
Per Each 1 EA
Item 6.6 - Install D50=18" Rip rap, 36" thick at Inlet
Import Materials Only
Per Cubic Yard 0 CY
Item 6.7 - Install Filter Fabric under riprap
Per Square Yard 195 SY
Item 7.1 - Erosion Control Silt Fence
Per Linear Foot 140 LF
Item 7.2 - Traffic Control
Per Lump Sum 1 LS
Item 7.2 - Install Guardrail
Per Linear Foot 0 LS
TOTAL
@ $ $ 4,400.00
@ $ $ 3,500.00
@ $116.67 $ 0.00
@ $1.30 $ 253.50
@ $3.50 $ 490.00
@ $ $ 3,600.00
@ $ $ 0.00
$ 153,236.04
Change to CONTRACT PRICE: $ 153,236.04
Original CONTRACT PRICE: $ 175,989.65
Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 175,989.65
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decfeased) by
$ 153,236.04 .
The new CONTRACT PRICE including this CHANGE ORDER will be $_329,225.69_.
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(d) by _30 calendar days.
The date for completion of all work will be November 24, 2004 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
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Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: October 7, 2004
Re: Agreement with BBG Holding Corporation Governing Design and Construction
of Metcalf Storm Drainage Improvements Across Lot 22, Block 1, Benchmark at
Beaver Creek (0077 Metcalf Road)
Summary: Chris and Michelle Evans with Evans Chaffee Construction Group
recently purchased the property at 0077 Metcalf Road. They requested that the Town work
with them to expedite the Metcalf Storm Drainage Project across this property to allow them
to implement some parking and site improvements this fall. This is a natural extension of the
Metcalf Basin Drainage Improvements (Nottingham Road to 1-70) Project that is currently
under construction. This Agreement provides that BBG Holding Corporation (BBG) will be
responsible for the cost of all design work plus all final grading, surface restoration and
surface facilities. The Town will be responsible for installation of the underground drainage
facilities, inlet and outlet structures, removal and disposal of non-useable material from the
drainage facility installation and backfill of the facilities to rough grade. This will result in
significant savings to the Town as well as allowing early completion of this critical section of
the Storm Drainage System.
This Agreement is accompanied by a corresponding Change Order to the Metcalf Basin
Drainage Improvements (Nottingham Road to I-70) Project that reflects the cost of this
project expansion to the Town. The work to be completed by BBG is not included in this
contract and they will be responsible for making arrangements for and paying the cost of that
work independent from the Change Order work. The Capital Projects Fund Budget as
previously presented included $125,000 for this section of the Project. This Budget will be
revised to reflect the actual Change Order Costs prior to final adoption.
LTrigineenng\CIMtormwater Metcalf (Nott To 17014.0 Construction DocumentsA5 Change Orders'Agreement Merno.Doc
We recommend approval of the attached Agreement Governing Design and Construction of
Drainage and Site Improvements at 0077 Metcalf Road between the Town of Avon and BBG
Holding Corporation in conjunction with Change Order Number 1 to the Metcalf Basin
Drainage Improvements (Nottingham Road to I-70) Project Contract with Oldcastle SW
Group, Inc. dba B&B Excavating, Inc.
Recommendation: Approve Agreement Governing Design and
Construction of Drainage and Site Improvements at 0077 Metcalf Road between the Town of
Avon and BBG Holding Corporation.
Town Manager Comments:
0 Page 2
AGREEMENT GOVERNING DESIGN AND CONSTRUCTION OF DRAINAGE
AND SITE IMPROVEMENTS
THIS AGREEMENT GOVERNING DESIGN AND CONSTRUCTION OF
DRAINAGE AND SITE IMPROVEMENTS (this "Agreement") is made this day
of October, 2004, by and between the TOWN OF AVON, a Colorado corporation (the
"Town"), whose address is P.O. Box 975, Avon, Colorado 81620 and BBG Holding
Corporation, a Colorado corporation ("BBG"), whose address is 101 Eagle Road, Unit
#7, Avon, Colorado 81620.
RECITALS
A. BBG is the owner of Lot 22, Block 1, Benchmark at Beaver Creek, Town
of Avon, Eagle County, Colorado also known as 77 Metcalf Road ("Lot 22").
B. The Town is the beneficiary of a drainage easement across Lot 22
described on the subdivision plat for Benchmark at Beaver Creek, recorded in Book 274
at Page 701, Eagle County records.
C. BBG is improving the parking lot on Lot 22 to increase parking and
improve general circulation for vehicles and pedestrians (`BBG Improvements"). The
Town is improving the drainage and stormwater management on Lot 22.("Town
Drainage Improvements") in accordance with plans prepared by Arroyo Engineering,
LLC dated October 1, 2004, as amended by the Town. The Town Drainage
Improvements and BBG Improvements are collectively referred to as "Improvements".
The Improvements are based upon conformance with Town requirements for drainage
facilities and providing adequate traffic circulation and parking.
D. The Town has agreed to step up the timing of the Town Drainage
Improvements to coincide with the construction of the BBG improvements
AGREEMENT
NOW THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties hereby agree as follows:
1. Permanent Drainage Easement. A private non-exclusive perpetual
drainage easement over, across, under, and through the area of the Town Drainage
Improvements located on Lot 22 is hereby granted by BBG to the Town. Upon
completion of the Drainage Improvements, a separate drainage easement based upon as-
built locations will be recorded. The existing drainage easement recorded with the Eagle
County Clerk and Recorder at Book 274, Page 701 will be vacated contemporaneously
with the recording of such drainage easement, which shall be of equal size.
DRAFT 10/5/04
2. Cost of Design Work. BBG is responsible for the cost of all design work
in association with the BBG Improvements and the Town Drainage Improvements.
3. BBG Improvements. BBG is responsible for completion of the BBG
Improvements located on Lot 22, which include: any additional fill material required for
construction of the parking area; all asphalt; including replacement of asphalt removed
for new culvert installation; parking lot striping; widening of entryway; re-veg of
disturbed areas; installation of sub-drains for both detention ponds; all concrete curb &
gutter and pans; grading and compaction of added asphalt area to southwest side of the
building, all in accordance with the plans given design review approval by the Town.
4. Town Drainage Improvements. The Town is responsible for completion
of the Town Drainage Improvements, which include: removal of existing culverts as
needed for installation of new piping; disposal of existing culverts and removed asphalt;
backfill of new culvert to grades shown on Plan Sheet 1 dated 9/30/04, including rough
grading from the new inlet to the new outlet; excavation and backfill of new inlet and
outlet structures; and the installation of the new inlet and outlet structures.
5. Entire Agreement. This Agreement is an integration of the entire
understanding of the parties with respect to the matters stated herein.
6. Governing Law. The validity and effect of this Agreement shall be
determined in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, BBG and the Town have executed this agreement on
the date first above written.
TOWN OF AVON, a municipal corporation
By:
ATTEST:
Patty McKenney, Town Clerk
Mayor
DRAFT 1015104
t
APPROVED AS TO FORM
John W. Dunn, Town Attorney
STATE OF COLORADO
COUNTY OF EAGLE
BBG HOLDING CORPORATION
a Colorado corporation
By:
ss.
The foregoing instrument was acknowledged before me this day of
October, 2004, by Albert D. Reynolds, as Mayor and Patty McKenny as Town Clerk of
the Town of Avon„ a municipal corporation.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
October, 2004, by Michele O. Evans as President and G. Christopher Evans as Secretary
of BBG Holding Corp., a Colorado corporation.
Witness my hand and official seal.
My Commission expires:
Notary Public
DRAFT 1015104
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works and Transit
Date: October 6, 2004
Re: Restated and Amended Intergovernmental Agreement for
Transportation Services
Summary:
Attached you will find a Restated and Amended Agreement with Beaver Creek Metropolitan
District for Transportation services. Changes include service intervals and some language,
specifically related to the new parking lot configuration. John Dunn has read and approved
the language.
Recommendations:
We recommend approval of the Restated and Amended Intergovernmental Agreement for
Transportation Services with the Beaver Creek Metropolitan District.
Town Manager Comments:
CMocuments And Settings\L.brooks\Local Settings\Temporary Internet Files\0LK3\Council Memo Amended Transportation Services
Intergov.Doc
RESTATED AND AMENDED
INTERGOVERNMENTAL AGREEMENT
FOR
TRANSPORTATION SERVICES
This Restated and Amended Agreement for Transportation Services ( the
"Agreement"), dated to be effective October 1, 2004, is by and between Beaver Creek
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado ("District") and the Town of Avon, a municipal corporation of the State of
Colorado ("TOA").
RECITALS
WHEREAS, prior to January 1, 1999, the Beaver Creek Resort Company of Colorado
("BCRC") provided various transportation services to an area within unincorporated Eagle
County, Colorado commonly known as the Beaver Creek Subdivision ("Beaver Creek"); and
WHEREAS, in furtherance of its transportation service function, BCRC, on October
1, 1995, entered into an Agreement with the Town of Avon, Colorado (the "Avon
Agreement") whereby TOA agreed to operate a bus system known as the "Parking Lot
Transit Systems";
WHEREAS, by agreement dated January 1, 1999 between BCRC and District, BCRC
transferred and assigned to District, BCRC's transportation service function, responsibilities,
and contracts including but not limited to the Avon Agreement (reserving however unto
BCRC, all advertising revenues under the Avon Agreement); and
WHEREAS, the Avon Agreement expired on September 30, 2001; and
WHEREAS, effective October 1, 2001 and for the purpose of replacing the Avon
Agreement, the District and TOA entered into an Intergovernmental Agreement for
Transportation Services (the " Transportation Services Agreement") whereby TOA agreed to
operate and maintain a transportation system known as the "Free Parking Lot Service" as
well as various charter and special event services (collectively the "System"); and
WHEREAS, due to the passage of time and changed circumstances, the parties desire
to amend and restate the Transportation Services Agreement; and
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WHEREAS, TOA represents that it is qualified in the field of public transportation
and is willing and able to satisfy the requirements of this Agreement for the consideration
specified herein, and at the level of service and operating quality desired by District and as
represented by TOA; and
WHEREAS, District desires to engage TOA to operate and maintain the System
pursuant to the standards and specifications set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the covenants, conditions and agreements set
forth herein, TOA and District agree as follows:
1. TERM OF AGREEMENT.
(a) This Agreement shall commence on the effective date hereof and shall
expire on September 30, 2005 (the "Initial Term"), unless sooner terminated or extended as
provided herein.
(b) Unless this Agreement is terminated pursuant to Section 9 or Section
1 I (a) hereof, the Initial Term of this Agreement shall be automatically extended for five (5)
separate and successive periods of one (1) year each (the "Extension Period"), commencing
the day immediately following the expiration of the Initial Term and ending on September
30, of each one (1) year period. During each Extension Period, all of the terms, covenants
and conditions of this Agreement shall be and remain in full force and effect.
(c) For the purposes of this Agreement, the Initial Term and any Extension
Period shall hereinafter be referred to as the Term of the Agreement.
2. SCOPE OF BUS SERVICES. During the Term of this Agreement TOA shall
operate and maintain the System in a safe and proper manner and shall provide certain
services, including but not limited to the following (the "Services"):
(a) Scheduled Bus Service. TOA shall provide bus service within the
Beaver Creek Subdivision as described below. All services described in this subsection (a)
shall be free of charge to all riders and TOA shall not collect any fare from such riders.
District reserves the right to change the service level requirements of the bus service
described in this subsection (a) at any time and from time to time upon giving TOA written
notice of any required change, subject nonetheless to availability of necessary vehicles,
personnel and equipment.
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(i) Parking Lots and Bus Stops. Scheduled bus services shall be
provided between and among the following parking lots and bus stops: Beaver Creek
Landing, Wolf Parking Lot, Bear Parking Lot, River Edge Employee Housing, Elk Parking
Lot, Confluence Parking Lot and the Covered Bridge Bus Stop. This service shall be
provided at all times the mountain facility is open for skiing. The minimum intervals of
scheduled bus service shall be as follows: Every seven (7) minutes from 5:30 a.m. to 11:30
a.m., every ten (10) minutes from 11:30 a.m. to 2:30 p.m., every five (5) minutes from 2:30
p.m. to 5:30 p.m., every ten (10) minutes from 5:30 p.m. to 10:00 p.m., every twenty (20)
minutes from 10:00 p.m. to 2:30 a.m. It is understood that the Wolf Parking Lot and
Confluence Parking Lot require bus service only during peak times determined by the volume
of cars parking in the resort. It is understood and agreed that these are minimum required
frequencies and that actual bus schedules may vary and TOA shall have the right to augment
service levels as TOA determines appropriate during periods of peak demand on the System
but under no circumstances shall the amount of service hours per year exceed the amount set
forth in this Agreement.
During those times when the mountain facility is closed for
skiing, (i.e., the summer season), the minimum level of service at each stop shall be as
follows: every twenty (20) minutes from 5:30 a.m. to 2:30 a.m. It is understood and agreed
that these are minimum required frequencies and actual bus schedules may vary and TOA
shall have the right to augment service levels as TOA determines appropriate during periods
of peak demand on the System but under no circumstances shall the amount of service hours
per year exceed the amount set forth in this Agreement.
(ii) Special Events. Special event hours are not predetermined.
TOA is required to provide "special event" service when requested by District or its assigned
representative upon reasonable notice. Additional costs, if any, shall be reflected in the
monthly billings from TOA to District.
(iii) Americans With Disabilities Act. All scheduled bus service shall
comply with the Americans With Disabilities Act. TOA shall maintain and operate the
vehicles so as to comply with all state and federal statutes and rules and regulations. Any
costs associated therewith shall be additional costs to be compensated by District under
Paragraph 7 of this Agreement.
(b) Charter Bus Service. TOA may provide such charter bus service as it
may decide at its own option using any vehicles and equipment as described in this
Agreement, provided that such service does not adversely affect TOA's ability to provide
those services described in Section 2(a) above or the cost thereof to District. All revenues
derived by TOA in operating a charter bus service shall be the sole property of TOA.
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(c) Maximum Service Hours. In the performance of Services hereunder
TOA commits to use its best efforts to provide the maximum number of service hours during
each one year period of this Agreement as agreed to in advance by the parties no later than
August 31 of each year. The parties, however, understand that TOA may not achieve the
maximum agreed upon due to circumstances beyond its control including staffing problems.
3. OBLIGATIONS OF DISTRICT. District shall provide TOA with the
following to be used in the operation of the System:
(a) Vehicles and Equipment. Forpurposes of this Agreement, the District
shall provide vehicle two-way radios used in connection with the operation of the System
(hereinafter collectively referred to as the "Equipment") and the vehicles listed on Exhibit
"A" attached hereto and incorporated herein by reference (the "Vehicles"). The parties
acknowledge that the Vehicles and Equipment are subject to Section 5 hereof.
(b) Advertising. District may arrange for advertising in the Vehicles and
District shall be entitled to all revenues derived therefrom. TOA understands and agrees that
it shall not advertise on the Vehicles without the prior written consent of District.
(c) System Policy and Standards. District shall establish a System Policy,
including the adoption of plans and objectives and performance measures for the System and
shall determine standard levels of service in the operation of the System. TOA shall comply
with such System Policy, and shall notify District of any noncompliance of which TOA
becomes aware. By way of explanation and not limitation the System Policy established by
District shall include the following requirements:
_ Drivers must be in uniform (approved by District or assigned
representative) at all times while visible to guests.
Drivers may not smoke at any time while visible to guests.
Drivers must greet/farewell each guest that passes within five feet.
_ Notwithstanding the presence of "guest attendants" it is each
Driver's obligation and responsibility to help each guest load and
unload his or her skis and related equipment and to make sure that
the ski rack doors on any buses so equipped are closed and that all
guests are clear before pulling the bus away from any stop.
_ Drivers must announce each stop upon departure and arrival. On
those buses that are so equipped, drivers shall make this
announcement using a public address system.
Drivers must announce the next stop upon departure.
TOA will insure that the interior and exterior of all vehicles is clean
and in good condition.
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TOA will insure that all destination signs are programmed with the
latest destinations, properly lit and in good working order.
Drivers must inspect and adjust each destination sign to display the
correct information in accordance with the assigned route.
The parties recognize that each driver's part in providing dependable information to
the guests of this System is critical to the quality of service the District desires to provide.
4. OBLIGATIONS OF TOA. Notwithstanding any provision of this
Agreement to the contrary, TOA shall provide the following, among other things, in
connection with the operation of the System, during the Term of this Agreement:
(a) Licenses, Rules and Regulations.
(i) TOA shall acquire all required licenses and approvals to operate
all or any portion of the System from any state or federal agency, including without
limitation, a license from the State of Colorado Public Utilities Commission to operate as a
contractor; and
(ii) TOA shall comply with all laws, rules and regulations relating to
the operation and maintenance of the System, whether such rules and regulations are of
federal, state or local origination, including but not limited to the District.
(b) Maintenance. TOA shall appropriately care for all real and personal
property and equipment provided by District. TOA shall maintain all Vehicles used in the
operation of the System in good order and repair and shall at all times ensure that the
operating capability of the Vehicles is in compliance with TOA's standards, District's
standards, the System Policy, the rules and regulations of the State of Colorado Public
Utilities Commission and all other applicable laws, rules and regulations. Such maintenance
shall include, but shall not be limited to, the following:
(i) Regular and systematic preventative maintenance programs,
servicing, cleaning, inspection and repair of the Vehicles;
(ii) Prompt repair or replacement of any part or parts of any Vehicles
which become worn or otherwise defective, damaged, or broken with prior written
permission from District for any necessary modifications or enhancements to the Vehicles;
and
(iii) Furnishing of all labor, materials and tools necessary to service
and maintain the Vehicles in accordance with the aforementioned standards, rules and
regulations.
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(c) Personnel.
(i) TOA shall furnish and be responsible for all personnel, including
but not limited to, supervisory personnel, drivers, dispatchers, road supervisors, mechanics,
maintenance workers and office personnel necessary to effectively operate the System (the
"Personnel"). TOA shall be responsible for the:
(A) Recruiting, hiring and supervision of all Personnel;
(B) Licensing as required by law of all Personnel who operate
any of the Vehicles; and
(C) Provision of all necessary employee training and
management for the operation of the System. TOA agrees that only properly trained,
competent and qualified drivers, holding currently valid Colorado licenses in such
classifications as required by the State of Colorado for such drivers, and Colorado
Department of Transportation's health cards, shall be employed as drivers by TOA and that
such drivers shall be familiar with and obey all laws, ordinances and regulations relating to
the operation of motor vehicles.
(ii) TOA shall have complete control and supervision over the
employment of all Personnel required to operate the System, including but not limited to,
their benefits, compensation and discharge.
(iii) TOA shall be responsible for all System employees; however,
District may advise TOA of any employee's inadequate performance which has had a
negative effect on the Services being provided and TOA shall take prompt action to remedy
the situation. TOA shall provide District with copies of TOA's employment polices and
employee handbook.
(iv) TOA shall provide appropriate uniforms for Personnel, including
uniforms for System bus drivers. TOA shall ensure that all employees are properly attired in
TOA uniform when operating District vehicles or otherwise providing the Service.
(d) Bookkeeping and Office Management.
(i) TOA shall provide bookkeeping, accounting and accounting
records and office management for the System;
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(ii) TOA shall prepare and retain all necessary System records and
documents in accordance with federal and state guidelines;
(iii) TOA shall prepare, maintain and provide all reports necessary for
the proper management of the System as agreed upon by both parties;
(iv) TOA shall prepare, control and maintain all payroll records for
System employees; and
(v) TOA shall respond, within 72 hours, to all written requests from
District for information or action.
(e) Payment. TOA shall promptly pay all costs and expenses incurred in
connection with the System and not allow any liens to be attached and/or filed against any of
the Vehicles or Equipment.
(f) Reporting of Incidents. In the event of an incident involving any of the
Vehicles, TOA shall immediately notify District of such incident, file an accident report with
the appropriate governmental authority, notify the appropriate insurance carrier in accordance
with the policy of insurance and forward a copy of the accident report to District.
(g) Type of Buses Used. District shall have the right to specify whether
TOA shall utilize diesel or gasoline powered buses in providing Services hereunder. TOA
shall promptly respond and comply with any reasonable request by District that TOA switch
from one type of fuel powered or size of bus to another type of fuel powered or size of bus
subject to availability. The parties recognize that the District's right to switch from diesel
powered buses to gasoline powered buses and vice versa is an important component of this
Agreement.
(h) Other.
(i) Except as provided by District in accordance with Section 3,
TOA shall provide and maintain all accessory equipment, warehouses, maintenance facilities
and office equipment necessary to provide the Services enumerated herein; and
(ii) TOA shall provide all other functions normally required in the
operation of the System; and
(iii) District agrees to the extent permitted by law and subject to the
immunities, defenses and protections afforded under the Colorado Governmental Immunity
Act, Section 24-10-101 et seq., C.R.S., to indemnify, defend and hold harmless TOA, its
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respective agents, officers and employees of and from any and all loss, cost, damage, injury,
liability, claims, liens, demands, action and causes of action whatsoever, including reasonable
attorneys fees arising out of the indemnifying parties intentional or negligent acts, errors,
omissions, or those of its agents, officers, servants and employees.
In consideration for District's indemnification, TOA agrees to the
extent permitted by law and subject to the immunities, defenses and protections afforded
under the Colorado Governmental Immunity Act, §24-10-101 et seq., C.R.S., to indemnify,
defend and hold harmless District, its respective agents, officers, and employees of and from
any or all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of
action whatsoever, including reasonable attorneys fees arising out of the indemnifying
parties' intentional or negligent acts, errors, omissions, or those of its agents, officers,
servants and employees.
(iv.) Except with respect to the obligations of (iii) hereof, the liability of
TOA hereunder shall be limited to the provision of services, and District shall have no claim
to special, incidental, consequential, indirect or tort damages for the breach hereof.
5. CONDITION OF VEHICLES AND EQUIPMENT.
(a) Vehicles. The Vehicles shall:
(i) Be inspected by TOA prior to commencement of this Agreement;
thereafter, TOA shall present District with a written list of repairs necessary for the Vehicles
to be in operable condition;
(ii) Be inspected by District at least forty (40) days prior to the
termination of the Agreement; thereafter, District shall present to TOA a written list of
repairs no later than thirty (30) days prior to the termination of this Agreement. In the event
that repairs are necessary, TOA shall have thirty (30) days from receipt of District's list of
repairs to effect such repairs and return the Vehicles to District; and
(iii) Be returned by TOA to District in the same condition as received,
ordinary wear and tear excepted.
(b) Equipment. The Equipment shall be delivered to TOA in its "as is"
condition. Upon termination of this Agreement, TOA shall return all of the Equipment to
District in the same condition as it was received, ordinary wear and tear excepted. TOA shall
be responsible for the replacement, at no cost to District, of any item of Equipment that is not
returned to District, whether from loss, theft or failure to replace such Equipment.
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6. COMPENSATION, INVOICING, PAYMENT AND RECONCILIATION.
(a) Compensation. District shall compensate TOA each month, as
invoiced by TOA and accepted by District, in accordance with an annual expense budget
prepared by TOA and approved by District. Such budget shall be submitted by TOA to
District by August 31 of each year and District shall approve same, with any items as
changed pursuant to negotiation between the parties, by September 30 next following
submittal of the budget. Said budget shall be deemed approved if DO objection is received by
TOA by September 30. Said budget will include the estimated expense of operating the
entire System. District shall pay that portion of the entire System's budgeted costs equal to
its share of the total labor service hours devoted to the System as determined and estimated
by TOA.
(i) Said budget shall include the fixed costs for operation of the
System during the budget year, which expense shall be paid in equal monthly installments.
(ii) From time to time, costs will arise that vary depending on the
extent of the operation of the System and that are not otherwise included as a fixed expense.
These variable costs will be determined on a monthly basis and billed to District on a
proportionate basis on variable hourly rates determined by the said budget multiplied by the
monthly labor service hours. District shall pay monthly its proportionate share of such
additional variable costs when billed to it.
(iii) From time to time, costs will arise that are not included in the
above-described fixed or variable costs, including but not limited to, such non-recurring costs
as outside repair of vehicles or equipment, motor replacement refurbishing of vehicles, and
painting of vehicles. TOA shall not incur such costs unless it receives prior approval from
District. However, no such prior approval shall be necessary with regard to any costs arising
from an emergency which requires that the costs be incurred in order to operate the vehicle or
equipment. District shall pay such costs when billed to it.
(b) Invoicing.
(i) On the tenth day of each month during the Term of this
Agreement, TOA shall submit an invoice for payment to District on a monthly basis to the
address shown below:
Beaver Creek Metro District
c/o Robinson & Marchetti
28 Second St., #213
P.O. Box 600
Edwards, CO 81632
Attn: Kenneth J. Marchetti
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Payment shall be made by District to TOA within thirty (30) days after receipt and
acceptance of a proper invoice. District shall submit payment to TOA by means of a check
made payable to TOA and sent first-class mail to:
Town of Avon
PO Box 1726
Avon, CO 81620
Attn: Mr. Bob Reed
(ii) TOA shall account for the operation of each of the System
Services in a separate line item on a weekly basis and shall retain such weekly accounting
records for one year. Such monthly invoice shall include the total number of hours of
operation of the System for the preceding month compared to budgeted hours. All backup
documentation required to substantiate the hours of operation, including but not limited to,
operator trip sheets and time cards for all Vehicle drivers, shall be available for District's
review upon request.
(c) Reconciliation. In the event actual variable expenses for any month
differ from the amount estimated by TOA on the first day of the month, District shall be
credited or charged for the overpayment or underpayment, as the case may be, in the
following month's invoice. Furthermore, a reconciliation of the entire compensation scheme,
including an accounting and pro rata apportionment of actual fixed costs, shall be completed
by the parties annually, such reconciliation commencing on the date of TOA's annual internal
audit.
(d) Obligations to Constitute Current Obligations of District and TOA.
Notwithstanding any other provision contained in this Agreement to the contrary, District
and TOA acknowledge and agree that all obligations of District and TOA under this
Agreement, including but not limited to the payment of the compensation set forth in this
Paragraph 6 are subject to annual budget and appropriation by District and TOA. District's
and TOA's obligations under this Agreement shall be from year to year only and shall not
constitute a multi-fiscal year debt or indirect debt or other obligation of the District or TOA
or an obligation of the District or TOA payable or to be fulfilled in any fiscal year beyond the
fiscal year for which funds are budgeted and appropriated for the payment or funding thereof,
or payable or funded from any funds of District or TOA other than funds budgeted and
appropriated for the payment of current expenditures. In the event nonappropriation by
District occurs, however, District shall be liable for all compensation payable to TOA and
allocable to any period during which the District shall continue to receive or has received
services from TOA under this Agreement.
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7. AUDIT AND INSPECTION OF RECORDS. District or its authorized
representative, shall be afforded access to TOA's records, books, inventory and supportive
documents and similar data relating to the Services and operation of the System (the
"Records"), and TOA shall preserve all such Records for a period of three (3) years after the
termination of this Agreement. In the event District shall determine there has been error on
the part of TOA, District may cause an audit to be made (the cost of such audit to be borne by
the parties pro rata, on the same ratio as the fixed expenses were last prorated immediately
prior to the said Audit). If such audit shall determine that there has been an error in the
accounting, and such error results in a deficiency in the payment of the compensation due,
then District shall immediately pay TOA such deficient amount of compensation plus TOA's
share of the audit expense paid by TOA. If such audit shall determine that there has been an
error in the accounting, and such error results in an overpayment of compensation paid, then
TOA shall immediately reimburse District the amount of compensation determined to be
overpaid plus District's share of the audit expense paid by District.
8. INSURANCE. The parties agree to each acquire and maintain appropriate
insurance coverage for their respective operations under this Agreement as more particularly
described in "Insurance Requirements", attached hereto as Exhibit "B" an by this reference
made a part hereof.
9. TERMINATION. Except as provided herein, either party may terminate this
Agreement with or without cause, by giving the other party at least sixty (60) days prior
written notice. In the event of such termination, TOA shall be paid its costs, including but
not limited to, payment for all services performed up to and including the date of termination
and un-reimbursed Fixed Costs. All of the foregoing costs shall be determined on a pro rata
basis allocated as the date of termination. Upon termination of this Agreement, TOA shall
take immediate action to discontinue the Services and operations in an orderly manner.
If this Agreement is terminated by either party, District shall continue to make
payments to TOA, subsequent to such termination until the obligations are satisfied or
released, equal to all obligations of TOA incurred pursuant to this Agreement and due to
others, which continue after the date of such termination.
10. DEFAULT AND FORCE MAJEURE.
(a) Default. If either party:
(i) fails to perform in accordance with the terms, covenants and
conditions of this Agreement or is otherwise in default of any of the terms of this
Agreement; or
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(ii) files involuntary petition in bankruptcy or is declared bankrupt or
makes a general assignment for the benefit of its creditors, or is placed under a general
receivership, that party shall be deemed to be in default under this Agreement and the other
parry, after giving ten (10) days prior written notice to the other party of the alleged default,
and upon said defaulting party's failure to cure such breach or to reasonably commence to
cure such breach within said ten (10) days, the non-defaulting party shall have the rights set
forth under Section 1 I hereof.
(b) Force Majeure. In the event TOA is unable to perform any of the
services required hereunder because of acts of God, outbreak of war, earthquake, fuel
embargo, or similar events beyond the control of TOA, excluding normal weather conditions,
then TOA's obligation to perform the Services under this Agreement shall be suspended
during that period of time that such condition exists.
11. REMEDIES In the event that either party defaults under this Agreement, as
set forth in Section 10 above, the other party shall have the following rights and remedies
(but in no case the obligation), in addition to all other remedies available to it at law or in
equity, and none of the following, whether or not exercised by the non-defaulting party, shall
preclude the exercise of any other right or remedy whether herein set forth or existing at law
or in equity.
(a) Termination. The non-defaulting party shall have the right to terminate
this Agreement by giving notice in writing to the defaulting party, subject to the right to cure,
pursuant to Section 10 hereof.
(b) Legal Action. The non-defaulting party shall have the right to enforce
this Agreement in a court of competent jurisdiction or seek such other equitable relief as may
be appropriate, including but not limited to, temporary restraining orders and injunctions.
(c) Reimbursement. In connection with the enforcement of any or all of
the remedies set forth herein, the party found to be in default agrees to reimburse the other
party for all of its reasonable attorney fees and related expenses.
12. ASSIGNMENT AND SUBCONTRACTING. Neither District nor TOA
shall assign, delegate or transfer its duties under this Agreement without the prior written
consent of the other party. TOA shall not enter into any transportation service subcontract
hereunder without prior written consent of District. Nothing herein contained however shall
preclude TOA from subcontracting for repair and maintenance services as needed on the
vehicles.
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13. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12, the
terms of this Agreement shall be binding on the successors and assigns of either party.
14. COMPLIANCE WITH LAW/SAFETY PROGRAM. TOA hereby warrants
that:
(a) Standards. It will utilize the highest professional standards in
providing its Services;
(b) Compliance. It will comply with all applicable laws, ordinances, rules
and regulations, whether federal, state, local or otherwise affecting its Services; and
(c) Safety. It will be responsible for its own safety program and
compliance with all applicable Occupational Safety and Health Administration regulations.
15. NOTICES. Any statement, notice, demand or communication which either
party may desire or be required to give to the other party shall be in writing and shall be
deemed sufficiently given or rendered if delivered personally or sent by first-class United
States mail, postage prepaid, addressed as follows:
If to District: Beaver Creek Metropolitan District
c/o Robinson & Marchetti
28 Second St., #213
P.O. Box 600
Edwards, CO 81632
Attn: Mr. Kenneth Marchetti
With a copy to: James P. Collins
Collins Cockrel & Cole
390 Union Blvd., Suite 400
Denver, CO 80228
If to TOA: Town of Avon
PO Box 1726
Avon, CO 81620
Attn: Mr. Bob Reed
With a copy to: John W. Dunn
Dunn & Abplanalp, P.C.
108 South Frontage Road West, Suite 300
Vail, CO 81657
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r
Either parry shall have the right to designate in writing, served as provided above, a
different address to which any notice, demand or communication is to be mailed.
16. EQUAL EMPLOYMENT; AFFIRMATIVE ACTION. TOA shall not
discriminate against any employee or applicant because of race, color, religion, sex, age or
national origin. TOA shall take affirmative action to ensure that applicants are employed,
and that employees are treated during their employment without regard to their race, color,
religion, sex, age or national origin. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination, rates of pay, or other forms of compensation; and selection
for training, including apprenticeship. TOA agrees to post in conspicuous places available to
employees and applicants for employment notices setting forth the provisions of this Section
16.
17. MISCELLANEOUS.
(a) Validity If any clause or provision of this Agreement shall be held to be
invalid in whole or in part, then the remaining clauses and provisions, or portions thereof,
shall nevertheless be and remain in full force and effect.
(b) Changes. No amendment, alteration, modification of or addition to this
Agreement shall be valid or binding unless expressed in writing and signed by the parties to
be bound thereby.
(c) Captions. The captions of each section are added as a matter of
convenience only and shall be considered of no effect in the construction of any provision of
this Agreement.
(d) Legal Payments. If any party hereto shall bring any suit or action
against another for relief, declaratory or otherwise, arising out of this Agreement, the
prevailing party shall have to recover against the other parry, in addition to all court costs and
disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
(e) Warranties, Provisions and Rights. Any and all warranties,
provisions, rights and obligations of the parties herein described and agreed to be performed
subsequent to the termination of this Agreement shall survive the termination of this
Agreement.
(f) Timeliness. Time is of the essence with respect to the performance of
each of the covenants and agreements herein set forth.
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(g) Operating Procedures. The operation of the System under this
Agreement shall be governed by the Policies and Procedures in TOA's Personnel Manual to
the extent the same do not conflict with the terms, covenants and conditions of this
Agreement. In the event of a conflict between TOA's Personnel manual and this
Agreement, this Agreement shall control.
(h) Governing Law. This Agreement is governed by and must be
construed under the laws of the State of Colorado.
(i) Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one agreement.
(j) Facsimile Copies. This Agreement and all documents to be executed
and delivered hereunder may be delivered in the form of a facsimile copy, subsequently
confinned by delivery of the originally executed document.
(k) Entire Agreement. This Agreement constitutes the entire agreement
between District and TOA concerning the subject matter of this Agreement. This Agreement
may not be amended or modified orally, but only by a written agreement executed by District
and TOA and designated as an amendment or modification of this Agreement.
(1) Supersedes Prior Agreements. Upon execution, this Agreement shall
supersede and replace in its entirety the Transportation Services Agreement which shall be of
no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Restated and
Amended Intergovernmental Agreement for Transportation Services as of the respective
dates set forth below to become effective as of the date first written above.
Date:
BEAVER CREEK METROPOLITAN DISTRICT
By:
Title:
TOWN OF AVON, a municipal corporation
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By:
Title:
ACKNOWLEDGED AND CONSENTED TO BY BEAVER
CREEK RESORT COMPANY OF COLORADO
By:
Title:
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EXHIBIT "A"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
October 1, 2004)
Beaver Creek Parking Lot Bus Service
Fleet List
Unit# Year Make
Type Vin#
839 1996 GILLIG BUS
840 1996 GILLIG BUS
841 1996 GILLIG BUS
842 1996 GILLIG BUS
843 1996 GILLIG BUS
844 1996 GILLIG BUS
845 1996 GILLIG BUS
846 1996 GILLIG BUS
847 1996 GILLIG BUS
848 1996 GILLIG BUS
551 2005 OPTIMA BUS
552 2005 OPTIMA BUS
812 2001 KRYSTALCOACH MINIBUS
813 2001 KRYSTALCOACH MINIBUS
_ 2005 TERRA TRANSIT MINIBUS
2005 TERRA TRANSIT MINIBUS
2005 TERRA TRANSIT MINIBUS
15GCD2010TI 087492
15GCD2012T 1087493
15GCD2014TI 087494
15GCD2016TIO87495
15GCD2018T 1087495
15GCD201XT1087497
15GCD201 IT1087498
15GCD2013T1087499
15GCD2016TI 087500
15GCD2018T1087501
IZ9135BSS34W216251
1Z9B5BSS54W216252
IFDAF56S51EA36484
1FDAF56S71EA36485
PENDING
PENDING
PENDING
Plate#
EMD9848
EMD9847
EMD9846
EMD9845
EMD9844
EMD9849
EMD9850
EMD9851
EMD9852
EMD9853
TEMP
TEMP
596CNC
597CNC
TEMP
TEMP
TEMP
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EXHIBIT "B"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
October 1, 2004)
Insurance Requirements
1. TOA's Insurance. TOA shall carry and pay the premiums for insurance of the types
and with limits of liability not less than stated below. Such insurance shall be maintained in
effect during the entire term of this Agreement.
(a) Comprehensive general liability insurance in a claims made format covering
maintenance of Vehicles by TOA and operations provided by TOA in performance of this
Agreement with limits of liability of not less than $1,000,000 per occurrence /$2,000,000
aggregate, and providing, to the extent possible under a claims made format, continuous
coverage for that period of time following the expiration or termination of this Agreement
which is necessary under applicable laws (whether statutes of limitation, governmental
immunity laws or otherwise) to ensure valid outstanding claims will be covered under such
policy. Such liability insurance shall also include coverage for personal injury, contractual
liability and premises operations. District shall be named as additional insured on any above-
referenced policies.
(b) Vehicle liability insurance covering all Vehicles listed on Exhibit "A" hereof
and used in connection with the Services performed under this Agreement with limits of
liability of not less than $1,000,000 per occurrence /$2,000,000 aggregate. Coverage will
also include medical payments, collision and comprehensive physical damage coverage with
a $5,000 deductible. Deductible losses up to $5,000 shall be the responsibility of District.
District shall be named as additional insured and loss payee on this policy.
In the event of damage or destruction of any Vehicle or Vehicles provided by
District under this Agreement, District agrees that liability of TOA for said damage or
destruction shall be limited to the actual cash value of the Vehicle(s) at the time of the loss or
the cost to repair, whichever is less.
(c) Workers Compensation insurance covering all TOA's employees engaged in
performing the Services pursuant to this Agreement in accordance with the provisions of the
Workers Compensation Act (as amended) of the State of Colorado.
2. District Insurance. District shall carry and pay the premiums, during the entire Term
of this Agreement for vehicle liability insurance coverage on all Vehicles not listed on
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Exhibit "A" herein and used in connection with the services with the limits of liability of not
less than $1,000,000 per occurrence ($2,000,000 aggregate combined single limits for bodily
injury and property damage). Coverage will also include uninsured motorists, medical
payments and collision and comprehensive physical damage coverage with a $1,000
deductible. Deductible losses up to $1,000 shall be the responsibility of District. TOA shall
be named as additional named insured on this policy.
3. Certificates of Insurance. TOA and District shall each provide the other with
certificate(s) of insurance evidencing the policies listed above upon execution of this
Agreement.
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