TC Council Packet 03-25-2008TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 25, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
AVON
C m L U R A a a
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN ATTORNEY: JOHN DUNN
TOWN STAFF
TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
a. Citizen and Public Input
5. ORDINANCES
a. Public Hearing on Ordinance No. 08-04, Series of 2008, Second Reading, An Ordinance
Amending Title 17, Municipal Code of the Town of Avon, adding a New Chapter, 17.50, Historic
and/or Cultural Preservation, adding Definitions to Chapter 17.08, and Setting Forth Details in
Regard Thereto (Matt Pielsticker, Planner II) Review of a new chapter titled Historic and/or Cultural
Preservation to the zoning code for the promotions of historic sites and structures in Avon and also
proposes new definitions to the zoning code
b. Ordinance No. 08-05, Series of 2008, Ordinance Amending Chapter 9.04 of the Municipal Code
of the Town of Avon relating to Hindering Public Transportation (Brian Kozak, Police Chief)
Ordinance addressing persons who recklessly or intentionally hinder the operation of public transportation
to be charged with a misdemeanor
6. RESOLUTIONS
a. Resolution No.08-08, Series of 2008, A Resolution To Amend The 2006 Town Of Avon
Comprehensive Plan To Establish Attainable Housing Policies And Setting Forth Details In
Regard Thereto (Matt Gennett, Planning Manager) A Specific Amendment to the 2006 Avon
Comprehensive Plan, Topic Area F, Housing, to add details to the goals and policies therein related to the
provision of attainable housing unit amounts and types
b. Resolution No. 08-09, Series of 2008, Resolution Authorizing A Petition For Exclusion Of Eagle
Bend Subdivision From Eagle Vail Metropolitan District And Agreeing To Provide To Eagle
Bend The Service Now Provided By Eagle Vail Metropolitan District (John Dunn, Town Attorney)
The resolution directs that a petition be filed with district court to exclude Eagle Bend from Eagle Vail and
approves the intergovernmental agreement and plan for disposition and continuation of services for
exclusion of Eagle Bend Subdivision negotiated by staff
7. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
Avon Council Meeting.08.03.25
Page 4 of 5
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 25, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
8. NEW BUSINESS
9. UNFINISHED / OLD BUSINESS
10. OTHER BUSINESS
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS:
April 8, 2008: Public Works Complex Design Award, Wildridge Street Improvements
April 22, 2008: Interviews for Planning & Zoning Commission Appointments, ERFPD Impact Fees discussion,
Transit Amendment budget
June 10, 2008: 2007 Audited Financial Statements
15. CONSENT AGENDA
a. Minutes from March 11, 2008
b. Street Light Conversion Change Order 001 - Additional light poles required to complete the
2007 light fixture conversion (Shane Pegram, Engineer II)
c. Resolution No. 08-10, Series of 2008, A Resolution Delegating Authority To The Town Clerk To
Appoint Election Judges For The Special Municipal Election On May 6, 2008 (Patty McKenny,
Town Clerk)
d. Victor Mark Donaldson Architects' Additional Service Fee Proposal for Recreation Center
Remodel Project (Shane Pegram II) Fees for additional windows in the Recreation Center
Remodel to be considered as bid alternates
16. ADJOURNMENT
Avon Council Meeting.08.03.25
Page 5 of 5
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planner MI'
Date: March 25, 2008 Meeting
Re: Second Reading of Ordinance No. 08-04, Historic Preservation
(PUBLIC HEARING)
COLORADO
Summary:
Attached to this Memorandum is Ordinance 08-04, an Ordinance with additions to
Title 17 of the Avon Municipal Code, Zoning. This Ordinance will add a new Chapter
(17.50), titled Historic and/or Cultural Preservation, to the Zoning Code for the
promotion of historic sites and structures in Avon. The Ordinance also proposes
new definitions to the Zoning Code. First reading of this Ordinance took place at the
March 11, 2008 Town Council Meeting.
Planning and Zoning Commission Review:
The Planning and Zoning Commission reviewed this Ordinance over the course of
three separate hearings: February 5th, February 19th, and March 3rd. The attached
version of the Ordinance was reviewed at first reading on March 11, 2008, and is a
reflection of the Planning and Zoning Commission's recommended changes to the
Ordinance.
At the first hearing with the Planning and Zoning Commission, a broad discussion
took place concerning the intent of the Ordinance. The Commission felt that the
purpose of the Ordinance was well -intended; however, the execution and
procedures for designation seemed flawed. Due to the current lack of historic
structures in Town, and the fact that the Ordinance puts equal emphasis on cultural
preservation, a global revision to the Ordinance was suggested, and the words
"and/or cultural" were later added to every reference to Historic Preservation.
The Commission had strong concerns with the possible unintended consequences
of the Ordinance, and the appearance of a "taking." If the Historic Preservation
Advisory Committee were to recommend a site or structure for designation, and the
property owner was not in agreement with said designation, the Planning and Zoning
Commission felt that the procedures outlined in section 17.50.30 did not allow for
adequate public commenting or input from the owner.
Ordinance No. 08-04, Historic Preservation
Town Council March 25, 2008 Regular Meeting (PUBLIC HEARING)
As originally drafted, the recommendation from the Historic Preservation Advisory
Committee would go straight to the Town Council. The Planning and Zoning
Commission added language to the procedure section (17.50.030) of the Ordinance,
in order for an additional public hearing before the Planning and Zoning
Commission, prior to moving to the Town Council with a recommendation.
The Planning and Zoning Commission struck a section titled "Protection of historic
sites and structures." This section would have required sites or structures under
consideration for nomination (i.e. currently under review by the historic site survey
project), which are not subject to any current permit application, to remain
undisturbed. The Planning and Zoning Commission was apprehensive to keep this
section, since it had the ability to "block" construction. The Red House was cited as
an example.
Background:
The Historic Preservation Committee was formed by Resolution 05-13 (see
attached) on May 10, 2005, and serves as an advisory Committee for the purpose of
promoting historical preservation for the Town. The Committee has been studying
other ordinances and drafting this Historic Preservation Ordinance for the past year,
with the hopes of formalizing a nomination and review process for historic properties
and structures within Avon. The Committee is comfortable with the current form of
the Ordinance.
Staff Recommendation:
Staff recommends the Town Council APPROVE Ordinance No. 08-04 on Second
Reading, after holding a public hearing.
Available Actions:
1) Approve on Second Reading Ordinance No. 08-04; or
2) Table on Second Reading Ordinance No. 08-04; or
3) Deny on Second Reading Ordinance No. 08-04.
Town Manager Comments:
Attachment:
- Ordinance No. 08-04
P&Z Resolution 08-02, Recommending Approval of Ordinance 08-04
Memo to the Planning Commission from John Dunn, Dated February 19th, 2008
Council Resolution 05-14
Ordinance No. 08-04, Historic Preservation
Town Council March 25, 2008 Regular Meeting (PUBLIC HEARING)
TOWN OF AVON
ORDINANCE NO. 08-04
Series of 2008
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE
TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING
DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN
REGARD THERETO
NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, EAGLE COUNTY, COLORADO:
Section 1. Amendment. Section 17.08, "Definitions" of Title 17, Avon Municipal
Code, is amended by the addition of the following definitions:
Historic Preservation Committee means a five -person advisory committee appointed
by the Town Council to make recommendations and findings regarding historic sites,
structures or features in the Town of Avon.
Historic and/or Cultural Landmark means a site and/or structure designated as an
historic landmark by the Historic Preservation Committee within the Town of Avon.
Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition
of a Chapter 17.50 as follows:
CHAPTER 17.50
Historic and/or Cultural Preservation Designated
17.50.010. Intent and Purpose.
The purpose and intent of this Chapter is the promotion of the health, safety and
welfare of the residents of the Town of Avon through the regulation of historic and/or
cultural sites and structures in order to:
(a) Foster civic pride in the beauty and accomplishments of the past; and,
(b) Protect and enhance the Town's attraction to tourists and visitors and
increase the quality of life of the residents; and,
(c) Promote the use of historical or architectural sites, structures and objects
for the education and welfare of the residents of the town; and,
(d) Promote and encourage private ownership, stewardship and utilization of
such sites, structures and objects; and,
(e) Integrate historic preservation with the Town of Avon Comprehensive
Plan; and,
(f) Maintain the Town's unique character by recognizing the importance of
preservation and renewing the Town's legacy for present and future
generations; and,
(g) Discourage the unnecessary demolition of historic and/or cultural
resources; and,
(h) Provide incentives for the continued use of historic and/or cultural
resources and facilitate their appropriate stewardship and reuse; and,
(i) Encourage the conservation of historic settings and landscapes; and
(j) Promote retention of historical integrity in the context of proposed land
use.
17.50.020. Landmark Designation.
A site or structure may be eligible for Historic and/or Cultural Landmark designation
if it has been in existence for at least 50 years or meets any of the following criteria:
(a) Historic significance:
(i) Has character or is a point of interest that reflects the heritage
and political, economic and/or social history or cultural development
of the Town, the state or the nation; and,
(ii) Is associated with historical persons or groups or represents
important events in national, state or local history; and,
(iii) Is associated with an important individual or group who
contributed in significant ways to the political, social and/or cultural
life of the community; and,
(iv) Has prehistoric interest or information.
(b) Architectural significance:
(i) Characterizes a style associated with a particular era; and,
(ii) Has a strong or unique relationship to other areas potentially
eligible for preservation; and,
(iii) Is architecturally unique or innovative; and,
(iv) Has visual symbolic meaning or appeal for the community or,
due to its unique location or singular characteristics, represents
established and familiar visual features of the neighborhood or
community.
17.50.030. Procedure for Landmark Designation.
The Historic Preservation Committee shall recommend Historic and/or Cultural
Landmarks to the Planning and Zoning Commission. A public hearing is required
with the Planning and Zoning Commission, who will then recommend to Town
Council sites or structures for Historic and/or Cultural Landmark designation. The
recommendation shall identify the criteria forming the basis of the recommendation,
and shall include all pertinent information related to the site or building supporting
the designation.
The Town Council will approve or disapprove Historic and/or Cultural Landmark
designation after public hearing, at which the owner of the site or structure and
interested persons shall have an opportunity to be heard. A majority decision of the
Town Council is required for nomination.
17.50.040. Incentives.
The benefits of Historic Landmark designation may include the following:
(a) Waiver of building permit fees; and,
(b) Local property tax credits; and,
(c) Preservation, maintenance or relocation assistance, and other
incentives as deemed necessary by the Town Council; and,
(d) Other appropriate incentives, also as determined by the Town Council.
17.50.050. Review of plans for sites and structures having designation.
Any application for any permit which includes the exterior alteration, relocation or
removal of a site or structure designated as a Historic and/or Cultural Landmark must
be reviewed by the Planning and Zoning Commission for recommendation of
approval or disapproval to the Town Council on the basis of the following criteria.
The Town Council shall approve or disapprove the application after public hearing at
which the landowner and interested persons have an opportunity to be heard.
(a) Criteria for alteration of a site or structure:
(i) Whether the architectural or historical character will itself be
materially altered so as to negatively impact the Historical Landmark;
and,
(ii) Whether the architectural style and arrangement and the texture
of the exterior surface materials of the existing structure and the
3
proposed alteration appropriately relate to each other and to other
structures in the vicinity; and,
(iii) Whether the alteration will negatively change or destroy the
exterior architectural features and details of the structure; and,
(iv) The effect of the proposed alteration on the protection,
enhancement, perpetuation and use of the Historic Landmark.
(b) Criteria for relocation of a structure:
(i) Significance of the original site; and,
(ii) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(iii) Whether the proposed site is compatible with or detracts from
the importance of the Historic Landmark; and,
(iv) Whether the structure can be moved without causing
significant damage to its physical integrity; and,
(v) Whether the relocation of the structure is necessary to prevent
undue hardship on the property owner.
(c) Criteria for removal of a structure:
(i) Whether the structure presents an imminent hazard that cannot
otherwise be properly mitigated; and,
(ii) Whether the structure can reasonably be rehabilitated and
maintained in its present location and the significance of the original
site; and,
(iii) Whether relocation of the structure is reasonably possible or
practical; and,
(iv) Whether the structure can be rehabilitated or used on its
original site consistent with the reasonable and beneficial use of the
property; and,
(v) Whether the removal of the structure is necessary to prevent
undue hardship on the property owner.
17.50.060. Standards governing approval of development plans for sites and
structures having designation.
4
Any approved development plan including the alteration, relocation or removal of a
Historic and/or Cultural Landmark shall be deemed to incorporate the following
standards except to the extent they are determined not to be applicable by the Town
Council:
(a) The most current version of the Secretary of the Interior's Standards
for rehabilitation of Historic Structures, as amended, shall be used as a
guideline in carrying out any plans involving the alteration of Historic
Landmarks; and,
(b) The Historic and/or Cultural Landmark shall be continue to be used in
a manner consistent with its original purpose or a compatible purpose, so long
as such use does not violate any of the provisions of this Code; and,
(c) The historic character of the Historic and/or Cultural Landmark shall
be maintained by avoiding the removal or alteration of features important to
such character; and,
(d) The use of original materials is encouraged. Distinctive and unique
features, finishes, materials and examples of craftsmanship should be retained
and preserved. Repairs and replacement of such features should match the
original in color, shape, texture and design. Replacements should be fully
documented with pictorial or physical evidence and a copy of such evidence
filed with the Town; and,
(e) Where possible, additions and expansions shall be differentiated from
the existing structure so as to protect the Historic Landmark's historic
integrity. Additions and expansions shall also be undertaken in such a manner
that their removal in the future would not destroy the form or integrity of the
original structure.
17.50.070. Removal of Historic Landmark designation.
The Town Council, after public hearing at which the owner of the Historic and/or
Cultural Landmark and interested persons shall have an opportunity to be heard, may
remove Historic and/or Cultural Landmark designation from a site or structure, based
upon one or more of the following findings:
(a) The Historic and/or Cultural Landmark designation creates undue
hardship for the owner; and,
(b) The structure is an imminent hazard to the health and safety of the
public despite the owner's efforts to properly maintain it; and,
(c) The structure is structurally unsound despite the owner's efforts to
properly maintain it.
5
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 11th day of March, 2008, and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council on the 25th day of
March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400
Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON
SECOND READING, AND ORDERED POSTED the day of
, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
6
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 08-02
A RESOLUTION RECOMMENDING APPROVAL OF THE HISTORIC
AND/OR CULTURAL PRESERVATION ORDINANCE (NO. 08-04),
AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE, TOWN OF
AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING
FORTH DETAILS IN REGARD THERETO
COLORADO
WHEREAS, the Planning and Zoning Commission held public hearings
concerning the Historic and/or Cultural Preservation Ordinance at the following
regular meetings: February 5, 2008, February 19, 2008, and March 4, 2008;
and,
WHERAS, the 2006 Town of Avon Comprehensive Plan ("the Plan") contains
the following goal with respect to recognition and the promotion of historic and
cultural resources:
Goal D.3: "Develop new and continue to enhance existing cultural and
heritage facilities, events, and programs that strengthen Avon's
community character and image"; and,
WHEREAS, the Plan contains the following policies related to the Historic and/or
Cultural Preservation Ordinance:
Policy D.3.6: "Maintain existing elements that contribute or reflect the
heritage of the community and include forms and materials that reflect
this heritage in new designs."
Policy E.3.2: "Strengthen the tourism potential within Avon by working
collaboratively with organizations through the community to capitalize
upon Avon's unique recreational and cultural assets and heritage."
Policy E.3.9: "Identify and honor cultural and heritage sites with
elements such as museums, interpretive parks, markers, memorials,
fountains, sculptures, statures...." and,
WHEREAS, the Planning and Zoning Commission finds that the Historic and/or Cultural
Preservation Ordinance will further the Goals and Policies from the Plan, as outlined
above, and will promote the health, safety and welfare of the residents and visitors of the
Town of Avon;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of
the Town of Avon recommends approval of the Historic and/or Cultural Preservation
Ordinance via this Resolution, signed on March 4, 2008.
ADOPTED THIS 4"' DAY OF March, 2008
Signed`'
Terry Smith, ihai
,lb
Phil Struve, Secretary
Date:
Date:
MEMORANDUM
TO: PLANNING AND ZONING COMMISSION
FROM: TOWN ATTORNEY
RE: HISTORIC PRESERVATION ORDINANCE
DATE: February 19, 2008
The purpose of this memorandum is to address concerns raised by members of the
Commission regarding the proposed historic preservation ordinance. As a matter of background,
the ordinance was submitted by the Town's Historic Preservation Committee after research of
similar ordinances in other jurisdictions. The ordinance was reviewed and commented on by the
Colorado Historical Society. In part on the basis of those comments, I drafted the present version
of the ordinance with the assistance of the Legal Subcommittee.
Concerns were expressed by members of the Commission that the ordinance in its
present form is a "taking" in the constitutional sense. In my opinion it is not.
The Colorado Supreme Court established the requirements for a valid historic
preservation ordinance in South of Second Associates v. Georgetown, 580 P.2d 807 (Colo. 1978).
In order for such an ordinance to pass constitutional muster, it must contain adequate criteria
defining architectural and historical significance and it must contain sufficient criteria defining the
area subject to the ordinance. In South of Second Associates, the court upheld the criteria defining
architectural and historical significance but concluded that the ordinance did not sufficiently define
the area subject to the ordinance. Because the ordinance applied to the entire town, it was held to
be void.
Courts in other jurisdictions, including the United States Supreme Court, have
upheld historic preservation ordinances in the face of a takings challenge. 2 Anderson's Am. Law
Zoning § 9.74.
The ordinance submitted to the Commission satisfies the requirements of South of
Second Associates. The criteria defining historic and architectural significance include the criteria
in the Georgetown ordinance along with other, more extensive criteria. The ordinance is town -
wide, but it contains criteria whereby only particular properties will be given landmark designation
and thereby be subject to the ordinance. Those criteria are detailed and in my opinion pass
constitutional muster.
Concern was also expressed as to the purpose language of the ordinance being to
promote the health, safety and welfare of the residents. That language is the "magic" language
necessary to invoke the police power of the Town in order to adopt any zoning ordinance. In my
opinion that legislative finding would be upheld by any court.
TOWN OF AVON, COLORADO
RESOLUTION NO.05-13
Series of 2005
A RESOLUTION ESTABLISHING A HISTORIC PRESERVATION ADVISORY
COMMITTEE FOR THE PURPOSE OF PROMOTING HISTORICAL
PRESERVATION FOR THE TOWN OF AVON, EAGLE COUNTY COLORADO
WHEREAS, the town of Avon would like to appoint a Historic Preservation Advisory
Committee (the "Committee") to help promote public health, safety and welfare through
the protection and preservation of the Town's historic and cultural heritage, as
represented by designated landmarks
WHEREAS, the mission of the Committee will be to protect and enhance the Town's
welfare and economy through the preservation of historical attractions for local residents,
tourists and visitors to the Town, expand public awareness, appreciation and knowledge
of the Town's unique local history, and foster widespread appreciation of and respect for
Avon's historic and cultural heritage
WHEREAS, it is important for the Town to maintain its unique character by recognizing,
preserving and renewing Avon's legacy for present and future generations
WHEREAS, a landmark is defined as a property or structure that is worthy of
rehabilitation, restoration, or preservation because of its historic and architectural
significance
WHEREAS, the Avon Town Council (the "Council") established a Heritage Fund in the
Capital Improvement Projects Budget to appropriate funds used for matching grants from
the private sector in order to preserve historic landmarks
WHEREAS, the benefits of landmark designation include the waiver of building permit
fees, relocation assistance if necessary through the grant program or any other benefits
recommended by the committee and approved by the Council
WHEREAS, the Avon Town Council will appoint a Historic Preservation Advisory
Committee for the purpose of recommending landmarks to the Council for historic
preservation and possible matching fund grants and such other purposes as the Council
shall determine.
WHEREAS, the Committee will consist of five (5) registered electors or property owners
in Avon to serve in 2 -year terms
WHEREAS, the Committee will create criteria for landmark designation based upon how
old the property or structure is, a demonstration of strong public benefit and community
support and other characteristics to be defined by the committee
WHEREAS, the Committee will recommend nominations for designation to the Council
and make other such recommendations as requested by the Council.
WHEREAS, the Avon Town Council may by resolution designate historical landmarks
within the boundaries of the town of Avon or outside of Avon if Council deems it
significantly important to Avon's history and a collaborative effort is established with the
governing entity where the landmark is located
WHEREAS, once a landmark designation is made, in order to retain the designation, it
shall be maintained to receive reasonable care, maintenance and upkeep appropriate for
the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or
use
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON COLORADO, that historic preservation is an important component of the
overall vitality and enhancement of Avon as it moves into the future and we therefore
establish the Avon Historic Preservation Advisory Committee. Avon is proud of its
history and will preserve its heritage.
Adopted this 10th day of May, 2005
Attest:
Ronald C. Wolfe, Mayor
TOWN COUNCIL
TOAVON C I LORADO
ck
Resolution No. 05-13 Historic Preservation Final
Page 2 of 2
HEART or the VALLEY
Memo
To: Honorable Mayor and Town Council
Ttn: Larry Brooks, Town Manager
From: Brian Kozak, Chief of Police
Date March 19, 2008
Re: Amendment to Municipal Code, Hindering Public Transportation
t
COLOR A I) 0
Introduction:
This ordinance will allow persons who recklessly or intentionally hinder the operation of
public transportation to be charged with a misdemeanor under the municipal code.
Background:
Recently, bus drivers have been victimized by disorderly passengers. This law will allow
those people who force the bus driver to stop or hinder their operation to be charged with a
crime if their actions are reckless or intentional in nature.
Discussion:
Colorado Revised Statute 18-9-115 designates the crime of endangering public
transportation a felony when there is an intentional assault or use of weapon on the bus.
The municipal code will be enforced for more minor situations where disorderly passengers
hinder the operation of the bus.
Recommendation:
Staff recommends adoption of the ordinance as written.
Recommended Motion:
I move to adopt Ordinance 08-05, an ordinance enacting section 9.04.150 of the Avon
Municipal Code, as written.
Town Manager Comments:
Attachments:
Exhibit A: Proposed ordinance 08-05 regarding Avon Municipal Code section 9.04.150.
ORDINANCE NO. 08-05
AN ORDINANCE AMENDING CHAPTER 9.04 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO HINDERING PUBLIC TRANSPORTATION.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. Chapter 9.04, Title 9 of the Municipal Code of the Town
of Avon is amended by the addition of a Section 9.04.150, Hindering Public Transportation,
to read as follows:
A person commits the offense of hindering transportation if he or she intentionally or
recklessly and without lawful authority stops, hinders or in any way interferes with the operation
of any vehicle used in providing transportation services of any kind to the public. Every person
convicted of a violation of any of the provisions of this Section 9.04.150 shall be punished by a
fine not exceeding two thousand dollars or by imprisonment not exceeding one year or by both
such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 25th day of March, 2008, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the day of March, 2008, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKinny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of March, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
HEART of the VALLEY
AVON/
COLORADO
Avon... a smoke free community
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
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970-748-4000
970-949-9139 Fax
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Memo
AVON
COLORADO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Gennett, AICP, Planning Manager
Date: March 25, 2008 Meeting
Re: Resolution No. 08-08, a Resolution to Amend the 2006 Town of Avon
Comprehensive Plan to Establish Attainable Housing Policies
Summary:
Based upon input from Council, the Planning and Zoning Commission, and members of the
public, rather than amending Title 17, Zoning, Avon Municipal Code to adopt "attainable
housing" regulations, Staff is bringing forth this proposal to amend the Housing (F) topic area
of the 2006 Town of Avon Comprehensive Plan which adds detail to the goals and policies
therein related to the provision of attainable housing unit amounts and types. The additional
detail includes references to calculations for Residential and Commercial Linkage tied to new
development applications for rezoning; acceptable methods of attainable housing mitigation;
and provides Council the discretion to implement mitigation rates on a project -by -project
basis. The purpose behind this approach is to ensure that attainable housing mitigation is
applied at the highest rate possible and is derived with full consideration of all other public
benefits provided by any proposal found to be subject to the criteria for a rezoning or PUD
application.
As set forth in Section 17.20.110(h) Design Criteria 1, "Conformity with the Comprehensive
Plan goals and objectives", Avon Municipal Code, any Planned Unit Development (PUD)
must demonstrate conformity with the applicable policies and goals of the 2006 Town of
Avon Comprehensive Plan. Exhibit A to this staff memorandum is Resolution No. 08-08,
and attached to the Resolution as Exhibit B is an amended version of pages 52-55 of the
Town of Avon Comprehensive Plan, Topic Area F. Housing, with additions shown in bold
and deletions shown in strikethrough.
On March 18, 2008, after proper posting for a public hearing, the Planning and Zoning
Commission unanimously approved Resolution No. 08-03, a resolution to amend the 2006
Town of Avon Comprehensive Plan and which is substantively identical to the resolution
being considered today by Council (Resolution No. 08-08, Exhibit A).
Amendment Procedures:
On page El, Appendix E, 2006 Town of Avon Comprehensive Plan (Exhibit C), two types of
comprehensive plan amendments are described, the second of which, titled "Specific
Amendment", is applicable in this case. Also on page E1, sets forth Amendment Procedures
and contains four (4) Amendment Criteria, as follows and with a response to each one in
parentheses:
1. Include a justification for the proposed change (The Town of Avon has
determined that additional detail is needed in Topic Area F, Housing, and the
modified language provides a method to achieve the stated goals within Topic
Area F);
2. Be in conformance with the Plan's overall vision and its supporting goals and
policies (The proposed changes conform to the Plan's overall vision and goals by
providing a strategy for achieving the goals and policies of the subject Topic
Area);
3. Be compatible with existing and planned surrounding land uses (This criterion
does not apply as this proposed change is not specific to an individual property;
and
4. Not result in excessive detrimental impacts to Avon's existing or planned
infrastructure systems (No detrimental impacts, excessive or otherwise, to Avon's
existing or planned infrastructure systems have been identified in association
with the proposed changes).
Staff has determined the proposed "Specific Amendment" to the 2006 Town of Avon
Comprehensive Plan, Topic Area F. Housing, as outlined above, adheres to all of the
aforementioned criteria.
Staff Recommendation:
Staff recommends the Avon Town Council approve Resolution No. 08-08 as written and
attached hereto, with the finding that the proposed amendments to the 2006
Town Manager Comments:
Exhibits:
A. Resolution No. 08-08
B. Proposed Amendments to Pages 52-55 of the 2006 Town of Avon Comprehensive
Plan
C. Page El, Appendix E, Amendment Procedures, 2006 Town of Avon Comprehensive
Plan
Resolution No. 08-08, Town of Avon Comprehensive Plan Amendment, 2008
Exhibit A
RESOLUTION NO. 08-08
A RESOLUTION TO AMEND THE 2006 TOWN OF
AVON COMPREHENSIVE PLAN TO ESTABLISH
ATTAINABLE HOUSING POLICIES AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, the 2006 Town of Avon Comprehensive Plan ("the Plan") Housing Topic
Area (F) contains three goals: "Achieve a diverse range of quality housing options to
serve diverse segments of the population; Provide a workforce housing program that
incorporates both rental and ownership opportunities for residents that are attractive,
safe and integrated with the community; Participate in countywide housing policies and
procedures ";
WHEREAS, Appendix E of the 2006 Town of Avon Comprehensive Plan ("the Plan")
sets forth procedures and criteria for amending the Plan as follows:
Amendment Criteria: The following criteria shall be used by the Planning and
Zoning Commission and the Town Council when Considering a Comprehensive
Plan amendment proposal. The proposed amendment shall:
1. Include a justification for the proposed change;
2. Be in conformance with the Plan's overall vision and its supporting
goals and policies;
3. Be compatible with existing and planned surrounding land uses; and
4. Not result in excessive detrimental impacts to Avon's existing or
planned infrastructure systems.
WHEREAS, compliance with the Amendment Criteria detailed above has been fully
demonstrated via the cover Staff Memorandum attached hereto;
WHEREAS, the Town of Avon commissioned and completed a Housing Needs
Assessment in December 2006 that identifies different segments of the population, based
on income, in need of housing attainable at that level of income;
WHEREAS, the Avon Town Council directed staff to amend Topic Area F, Housing
(Exhibit B), of the Plan to implement attainable housing guidelines via this resolution
that will provide guidance to developers seeking a change in zoning per Title 17, Avon
Municipal Code; and
WHEREAS, on March 18, 2008, the Town of Avon Planning and Zoning Commission
forwarded a unanimous recommendation of approval of Resolution 08-03, a Resolution
to amend the 2006 Town of Avon Comprehensive Plan to establish attainable housing
guidelines, and setting forth details in regard thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL,
COLORADO: that the Specific Amendments to the 2006 Town of Avon Comprehensive
Plan, as detailed in Exhibit B, meet the criteria for such an amendment as outlined in
Appendix E of the Plan.
ADOPTED THIS DAY OF MARCH, 2008
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
Goals and Policies
EXHIBIT B
AVON
Policy E.3.13:
Policy E.3.14:
capitalize on an overall
community image rather than a
single venue or event.
Encourage collaborative
approaches between the various
community stakeholders, such
as but not limited to the Eagle
County, Vail Valley Chamber
and Tourism Bureau, Beaver
Creek Resort Company, Vail
Resorts, Eagle County School
District, Town of Avon Parks
and Recreation Department, and
Eagle County Library District to
enhance Avon's overall guest
potential.
Achieve greater use of existing
natural assets and facilities in
the community with an
expanded schedule of events to
strengthen the Town's year-
round guest potential and to
provide an amenity for local
residents.
F. Housing (additions in bold, deletions in strikethrough)
Goal F.1: Achieve a diverse range of quality housing
options to serve diverse segments of the
population.
Policy F.1.1:
Establish policies and programs,
as further detailed under Goal
F.2., which would will address
housing needs identified in a
periodic housing needs
assessment. The Area Median
Income (AMI) ranges, as
periodically updated by Eagle
County, shall be used to
establish the affordability of a
housing unit when evaluating
the mitigation rate required of
any development associated
with a rezoning application or
Planned Unit Development
(PUD), or any combination
thereof.
Town of Avon Comprehensive Plan
Page 52
Goals and Policies
Policy F.1.2:
Encourage private development
to that include provides a
diversity of housing types, sizes,
architectural styles, and prices
ranges appropriate for local
working families.
Goal F.2: Provide a an workforce attainable housing
program that incorporates both rental and
ownership opportunities, affordable for
local working families, for residents that
are attractive, safe, and integrated with
amongst the community.
Policy F.2.1:
Policy F.2.2:
Policy F.2.3:
Town of Avon Comprehensive Plan
}age 53
Require that development,
annexations, and major
redevelopment includes or
otherwise provides for
workforce attainable housing.
Calculate the impact
generated by varying types of
land use and development,
specifically, commercial and
residential linkage
calculations. The most recent
data available, as periodically
updated by Eagle County and
the State will be used in this
regard. Alternative methods
of providing attainable
housing, including but not
limited to: payment -in -lieu;
land dedications; and public -
private partnerships, may also
be considered.
Ensure that attainable
housing mitigation is applied
at the most appropriate rate
and is derived with full
consideration of all other
public benefits, as
contemplated by the public
benefits criteria referenced in
Section 17.28.085 (AMC),
provided by any proposal
found to be subject to the
rezoning and PUD criteria.
Goals and Policies
AVON
Policy F.2.4:
Policy F.2.5:
Policy F.2.6:
Require that workforce
attainable housing is integrated
within large developments,
rather than separated from the
rest of the community,
including those proposed with
other developments, and done
so in a positive manner.
Require workforce attainable
housing to be within close
proximity to existing
development, serviced by transit
(including bike and pedestrian
paths), and close to
schools/child care.
Establish a definitive Require
minimum, "live -able" dwelling
unit size and quality standards
for required workforce all
attainable housing provided as
part of any development or
redevelopment agreements to
achieve a diverse range of
housing types. Such
standards shall be proposed at
the time a rezoning
application is brought before
the Planning and Zoning
Commission for a formal
recommendation to Council.
Policy F.2.7: Adhere to the principle of "no
net loss" to of workforce
attainable housing.
Policy F.2.8: Deed restrictions, including,
but not limited to: Residency
and employment
qualifications, price
appreciation caps, capital
improvement, ownership &
rental restrictions shall be
determined and implemented
at the time a redevelopment
application is reviewed, on a
project -by -project basis,
based on factors such as
location, topography, and land
use type(s).
Town of Avon Comprehensive Plan
Page 54
Goals and Policies
Goal F.3: Participate in countywide housing policies
and procedures.
Policy F.3.1: Participate in countywide down -
payment assistance program.
Policy F.3.2: Collaborate on joint housing
studies and strategies to avoid
jurisdictional shopping.
G. Transportation
Goal G.1: Create an integrated transit system that
minimizes dependence on automobile travel
within the Town by making it easier and
more inviting to use transit, walk, ride
bicycles, and utilize other non -motorized
vehicles.
Policy G.1.1:
Policy G.1.2:
Policy G.1.3:
Policy G.1.4:
Town of Avon Comprehensive Plan
Page 55
Connect pedestrian, bicycle, and
vehicular circulation systems
with regional transit (including
the accompanying necessities
such as bicycle racks).
Devise a public transit service
plan that would replace the
current one-way loop system
with a two-way system that
utilizes new road links.
Compare annual service hours
and productivity (passengers per
vehicle -hour) estimates of the
two alternative service plans.
Require that commercial,
public, and other uses that
generate significant traffic are
served by transit and linked by
pedestrian and bicycle paths to
minimize their dependence on
automobile travel.
Ensure that commercial areas, in
particular the Town Center
Districts, are designed to
minimize in -town automobile
travel by making it easier for
AVON
EXHIBIT C
Amendment Procedure
The Comprehensive Plan is a policy document used to guide current and future land use decisions. To
function as an effective decision making document, the plan must be dynamic and flexible enough to respond
to changes in economic forces, legislative action, infrastructure and development technologies, and public
attitudes. Therefore, an amendment procedure is necessary to keep the plan current.
The following types of comprehensive plan amendments are envisioned:
1. Comprehensive Plan Update. This amendment consists of an overall review and update
conducted periodically. This update should be a thorough analysis of the entire plan,
including an evaluation of goals and objectives, updates of forecasts and land -related
elements, and the reaffirmation of policies. The Town's Planning and Zoning Commission
and Town staff are primarily responsible for undertaking such an update, with input from
other Town departments, the Town Council, and the public.
2. Specific Amendment. This second type of comprehensive plan amendment
contemplated would not encompass the entire plan, but would rather be a more specific
goal/policy, land use, or map amendment. An example of this type of amendment might be
an instance where the Town desires to amend an area's proposed land use designation as a
result of improved base data (such as new subsidence information or floodplain information).
It is possible that a land use proposal could be introduced that conflicts with the Future Land
Use Plan, but which, in fact, may be complementary to the Comprehensive Plan's other
pertinent goals and policies. To ensure conformance with the plan, an amendment would be
necessary. Specific amendments may be proposed by either the Town or by the private
sector (i.e. a registered voter of the Town, property owner, or a property owner's authorized
representative). Applications for a specific plan amendment may be made at any time with
the Community Development Department.
Any amendment proposed for the Comprehensive Plan shall follow the Town's public notice and
public hearing procedures as prescribed in the Town Municipal Code.
Amendment Criteria: The following criteria shall be used by the Planning and Zoning
Commission and the Town Council when considering a Comprehensive Plan amendment
proposal. The proposed amendment shall:
1. Include a justification for the proposed change;
2. Be in conformance with the Plan's overall vision and its supporting goals and policies;
3. Be compatible with existing and planned surrounding land uses; and
4. Not result in excessive detrimental impacts to Avon's existing or planned infrastructure
systems.
E1
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
SUBJECT: EAGLE BEND EXCLUSION
DATE: March 25, 2008
On the Council agenda is a resolution which directs that a petition be filed with
district court to exclude Eagle Bend from Eagle Vail and approves an Intergovernmental
Agreement and Plan for Disposition of Assets and Continuation of Services for Exclusion of Eagle
Bend Subdivision negotiated by staff.
This memorandum is provided as a reminder of the procedure to be followed when a
petition is filed with the district court.
1. Within ten days after the filing of the petition, the Eagle Vail board will be
notified, and the Eagle Bend taxpaying electors will be notified by publication. The Town, the
Eagle Vail board and the taxpaying electors, as a class, are the parties to the exclusion proceedings.
2. At the time of filing the petition, the Town is required (in the language of the
statute) to submit a plan for the disposition of assets and continuation of services to all areas of the
district. The plan negotiated by staff includes a) provisions for the maintenance and continuity of
facilities to be utilized by the territories both within and without the municipal boundaries and b)
provisions for services to all territories served or previously served by the district. The plan would
provide for conveyance of water lines and facilities within Eagle Bend to the Town and provides
for the Town's supplying of water to Eagle Bend. Services to the remaining areas of Eagle Vail
and maintenance and continuity of the facilities utilized without the Town boundaries are not
affected.
3. The court is required to review the contract agreed upon by the parties and, if it
finds the contract is fair and equitable, approve it and incorporate it into the exclusion order. The
court's review of the contract includes (again in the language of the statute) consideration of the
district's outstanding bonds (which will be paid off this year), the value and source of district
facilities located within Eaglebend, the facilities to be transferred necessary to serve Eagle Bend,
adequacy of facilities retained by the district, availability of the facilities transferred to continue to
serve the district, the effect which the transfer of facilities and assumption of indebtedness will
have upon the service provided in the remaining area of the district and the extent to which the
exclusion reduces the services or facilities or increases the costs to users in the remaining area of
the district.
4. After filing of the petition, ten percent or 100 of the eligible electors of Eagle
Bend, whichever is less, may petition the court for a special election to be held within Eagle Bend
on the question of exclusion. If a petition is filed, the court orders a special election, but only if the
conditions described above have been met. The district bears the costs of the election.
5. Any order for exclusion becomes effective, after recording, on January 1 next
following the date the order is entered. This reflects the fact that the levy of ad valorem taxes
occurs as of January 1. A date of January 1, 2009, would also be consistent with the fact that Eagle
Vail's debt will have paid in 2008.
Council is requested to adopt the resolution, which will initiate the process for the
exclusion of Eagle Bend from the Eagle Vail Metropolitan District.
JWD:ipse
RESOLUTION 08 -
Series of 2008
A RESOLUTION AUTHORIZING A PETITION FOR
EXCLUSION OF EAGLE BEND SUBDIVISION FROM
EAGLE VAIL METROPOLITAN DISTRICT; AGREEING TO
PROVIDE TO EAGLE BEND THE SERVICE NOW
PROVIDED BY EAGLE VAIL METROPOLITAN DISTRICT;
AND AUTHORIZING AN AGREEMENT AND PLAN FOR
DISPOSITION
WHEREAS, the territory known as Eagle Bend Subdivision, more specifically
described in Exhibit "A" attached hereto, in the Town of Avon ("the Territory"), is located in Eagle
Vail Metropolitan District ("District"); and
WHEREAS, § 32-1-502(1)(a), C.R.S., authorizes the governing body of any
municipality wherein territory within a special district is located to petition the court for exclusion
of the territory described in the petition from the special district; and
WHEREAS, § 32-1-502(2)(a), C.R.S., requires as a condition to exclusion, that the
governing body of the municipality agree by resolution to provide the service provided by the
special district to the area described in the petition on and after the effective date of the exclusion
order; and
WHEREAS, the only municipal service not now provided by the Town to the
Territory is the provision of a potable water supply for consumption for residential purposes;
WHEREAS, the Town, the District and the Upper Eagle Regional Water Authority
have reached agreement on an Intergovernmental Agreement and Plan for Disposition of Assets
and Continuation of Services for Exclusion of Eagle Bend Subdivision ("the Agreement and
Plan"), a copy of which is attached hereto as Exhibit "B";
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Attorney is authorized and directed to file a petition with the District
Court for Eagle County for exclusion of the Territory from the Eagle Vail Metropolitan District.
2. On and after the effective date of any exclusion order entered by the District
Court, the Town shall provide a potable water supply for consumption for residential purposes.
3. The Agreement and Plan is hereby approved.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 25th
day of March, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
EXHIBIT A
(description of area to be excluded)
Eagle Bend Subdivision — Excluded Territory
A parcel of land located in the Southeast one -quarter of Section 12, Township 5
South, Range 82 West, and the Southwest one -quarter of Section 7, Township 5 South,
Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, said parcel
being more particularly described as follows with all bearings relative to the Final Plat of
Eagle -Vail Filing No. 2:
Beginning at a point on the South right-of-way line of the Denver and Rio Grande
Western Railroad from whence the North one -quarter corner of said Section 7, a brass
cap monument found in place, bears N 05°01'54" E 4462.67 feet; thence along said right-
of-way line the following four courses:
1) N 64°22'00" W 2064.00 feet to a point of curvature;
2) 578.05 feet along the arc of a 34,327.50 foot radius curve to the left
whose long chord bears N 64°50'57" W 578.04 feet, to a point on the common line
of said Section 12 and 7;
3) thence continuing along the arc of said curve, 390.54 feet to a point
of tangent, with a long chord which bears N 65°39'27" W 390.54 feet;
4) thence N 65°59'00" W 377.60 feet to a point from whence the
common one -quarter corner of said Sections 12 and 7, a brass cap monument
found in place, bears N 67°10'39" E 756.94 feet;
thence S 23°28'30" W 417.51 feet along the East line of a parcel of land owned by Frank
and Imogene Doll, as recorded in Book 215 at Page 891 of the Eagle County Records, to
a point on the centerline of the Eagle River; thence along said centerline and the North
line of a parcel of land owned by Ken and Don Kriz, as recorded in Book 227 at Page 258
of the Eagle County Records, the following five courses:
1) S 59°39'32" E 398.03 feet;
2) S 61°26'30" E 300.36 feet;
3) S 59°23'49" E 305.09 feet to a point on the common line between
said Sections 12 and 7, from whence the Southeast corner of said Section 7, a
brass cap monument found in place, bears S 00°17'13" E 1458.64 feet;
4) thence continuing S 59°23'49" E 2.94 feet;
100069517 DOC 31
5) S 84°14'40" E 54.42 feet;
thence leaving said centerline, S 01°24'46" E 35.00 feet to a point on the South bank of
the Eagle River: thence along said South bank the following eleven courses:
1) S 65°00'10" E 43.16 feet;
2) S 73°00'41" E 27.24 feet;
3) N 83°29' 18" E 409.37 feet to Corner No. 17 of Eagle -Vail Filing
No. 2;
4) S 86°34'34" E 110.16 feet;
5) S 62°21'14" E 260.77 feet;
6) S38°51'12"E231.14feet;
7) S 50°24'14" E 315.36 feet:
8) S 61°52'35" E 263.06 feet;
9) S 76°00'35" E 301.96 feet;
10) S 55°11'36" E 227.75 feet;
11) S 37°40'59" E 80.49 feet: .
thence leaving said South bank, N 45°53'00" E 503.74 feet along the West line of a
parcel of land owned by Susan Nottingham. to the Point of Beginning, containing
1,395,474 square feet or 32.036 acres more or less;
and including Lot 1. Riverside Subdivision, Eagle County, Colorado.
END OF EXHIBIT A
:0°069517 D C 3:
A-2
EXHIBIT B
(Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
AND PLAN FOR DISPOSITION OF ASSETS
AND CONTINUATION OF SERVICES FOR
EXCLUSION OF EAGLE BEND SUBDIVISION
This Agreement and Plan for Disposition of Assets and Continuation of Services
for Exclusion of the Eagle Bend Subdivision ("the Agreement"), dated to be effective
January 1, 2009, is entered into by and between the Town of Avon, a municipal
corporation of the State of Colorado ("Avon"), Eagle -Vail Metropolitan District, a quasi -
municipal corporation and political subdivision of the State of Colorado ("District") and
the Upper Eagle Regional Water Authority ("Water Authority").
RECITALS
WHEREAS, the boundaries of the District and the territory embraced within the
District includes a portion of the Town of Avon known as the Eagle Bend Subdivision
("Eagle Bend") located entirely within Eagle County, Colorado, as legally described on
Exhibit A, as attached hereto and incorporated herein by this reference; and
WHEREAS, a map depicting the boundaries of the District and the boundaries of
Eagle Bend is attached hereto as Exhibit B and is incorporated herein by this reference;
and
WHEREAS, some of the residents of Eagle Bend (but not 50% of the fee owners
of real property) have petitioned the District's Board of Directors for exclusion of their
property from the District alleging that they are paying property taxes to both the District
and Avon for overlapping services. The District's Service Plan currently authorizes
provision of water service, fire protection, and park and recreation facilities to all
residents of the District, including the residents of Eagle Bend; and
WHEREAS, fire service is now provided by Eagle River Fire Protection District,
and water service is provided by contract through the Upper Eagle Regional Water
Authority ("Water Authority"); and
WHEREAS, exclusion has been requested by these residents in 2009 after
provision is made for payment of the District's bonds and these residents have also
requested that.provision be made for continued water service to Eagle Bend; and
WHEREAS, the District's Board of Directors does not oppose exclusion of Eagle
Bend, effective January 1, 2009, provided that provision is made for future water service
000069517 DOC 3}
to this area, and that comparable park and recreation services will be available to the
residents of Eagle Bend. See Resolution of District's Board of Directors (attached hereto
as Exhibit C and incorporated herein by this reference) approving this Intergovernmental
Agreement between the District and Avon, with provision for agreement by the Water
Authority. The Board of Directors of the District is committed to the maintenance and
continuity of facilities to be utilized by the territories both within and without Avon's
municipal boundaries and of services to all territories now served by the District; and by
its execution of this Agreement, the District acknowledges and agrees that this
Agreement is fair and equitable to all of the residents of the District, including those
residing in Eagle Bend; and
WHEREAS, Avon acknowledges that all of the property proposed for exclusion
at Eagle Bend is within the municipal boundaries of Avon; that Avon will, after this
exclusion becomes effective, make provision for the continuation of park and recreation
facilities and services to the residents of Eagle Bend in the same manner that all such
facilities and services are presently provided to the residents of Avon; and that provision
for the continuation of water service by the District through the Water Authority as more
specifically set forth in this Agreement is acceptable to Avon. A Resolution of the Avon
Town Council agreeing to provide park and recreation facilities and services, to make
provision for or to continue water service through the Water Authority for the services
now provided by the District to Eagle Bend on or after the effective date of the Order of
Exclusion is attached hereto as Exhibit D and incorporated herein by this reference; and
WHEREAS, all of the District's outstanding bonds and bonded debt is scheduled
for final payment on December 1, 2009 and sufficient funds and revenues will then be
available, including 2008 Taxes due in 2009, to pay all interest and principal due thereon
in full.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants, conditions and
agreements set forth herein, Avon, District and Water Authority agree as follows:
1. Effective Date. This Agreement shall become effective on January 1,
2009, and upon 2008 taxes to be collected and received by District in 2009; provided that
prior to such date, Avon shall petition for exclusion in the form attached as Exhibit E
hereto, and an Order of Exclusion is entered in Case No. 87 CV 1921, Eagle County
District Court, approving this Agreement and Plan for Disposition of Assets and
Continuation of Services filed jointly by Avon and the District. Avon shall petition the
District Court for Exclusion of Eagle Bend.
2. Water Service to Eagle Bend. Water service to Eagle Bend is currently
provided by the District to 319.6 SFE's for 80 Accounts, all presently served under an
10O069517. DOC ? 3;
2
Amended and Restated Master Service Contract, dated January 1, 1998 (the "Contract")
through the Water Authority, under which the District is a Participating Member. After
exclusion, no changes are proposed or contemplated in the provisions for water service to
the residents of Eagle Bend or to the other residents of the District outside the territory to
be excluded.
Water service to the existing 319.6 SFE's within Eagle Bend shall be
continued by the District, but no expansion of or additions to the water
service currently being provided shall be provided by the District. District
shall retain ownership of 0.11 c.f.s. from the Nottingham and Puder Ditch,
being Ditch No. 97 out of Priority No. 377, the Nottingham and Puder
Ditch First Enlargement with an appropriation date of April 2, 1890, as
conveyed to the District by Quitclaim Deed, dated December 1, 1992,
recorded December 7, 1992 in Book 596 at Page 77, Reception No. 492170
("dedicated water right"), but District shall assign the dedicated water right
to the Water Authority for inclusion in the District's water rights available
for the Water Authority's use in carrying out its functions and providing
water service in accordance with the terms of the Contract to Eagle Bend.
Together with and in addition to the dedicated water right, the District shall
make available such other water rights, if any. necessary to serve the
demand of the 319.6 SFE's in Eagle Bend. As property exclusively outside
of the District boundaries (after exclusion), the Board of Directors of the
District hereby gives its express written consent to such water service to
Eagle Bend. So long as such water service is provided under the Contract
and through the Water Authority, such water service shall be provided at
regular Water Authority service charge rates as are applicable from time to
time to other water service within the District. As provided by the terms
and provisions of the Contract, the Water Authority shall be solely
responsible for operation, maintenance, repair and replacement of all
facilities for delivery of water to Eagle Bend. Should water service through
the Water Authority be discontinued for any reason, the District's Board of
Directors reserves the right to determine a charge for such out -of -District
water service to Eagle Bend equal to the cost of water service within the
District, plus an increment for the estimated property tax for water service,
if any, for which such property would be responsible if it were part of the
District.
In the event of the termination of the Contract or the dissolution of the
Water Authority, should Avon elect to assume sole responsibility for water
service to Eagle Bend, District shall convey the dedicated water right to
Avon and make available to Avon at no cost, all existing capital facilities
necessary to serve the excluded territory, subject to the requirements of any
00069517 DOC 31
3
integration or interconnection of the separate water systems of Avon and
the District as may then exist. The fair market value and source of the
District's facilities for the delivery of water to the residents of Eagle Bend
has been fully amortized by the District and no additional consideration
shall be required from Avon for the acquisition of such facilities.
Thereafter, Avon shall be solely responsible for all operation, maintenance,
repairs and replacement of such capital facilities and delivery of water
within Eagle Bend. The Authority and the District hereby agree that, if
Avon assumes sole responsibility for water service to Eagle Bend and
conveyance is made of the dedicated water right and such other water rights
as the Authority and the District have deemed sufficient to serve the 319.6
SFE's in Eagle Bend, thereafter, Avon shall be under no obligation to
provide water rights in addition to those so conveyed as a condition to
water service for 319.6 SFE's in Eagle Bend.
If Avon does not assume sole responsibility for such water service, the
District shall continue to provide the same as water service outside the
District boundaries, at a charge equal to the cost of water service within the
District, plus an increment for the estimated property tax for water service,
if any, for which such property would be responsible if it were part of the
District.
Nothing herein contained shall modify or amend in any way the terms and
provisions of Paragraph 3 of the Supplemental Water Lease, executed July
14, 2005, by and between Water Authority and Avon.
3. Fire Protection Services. After exclusion, fire protection shall continue to
be provided to Eagle Bend and to the remainder of the District by the Eagle River Fire
Protection District.
4. Park and Recreation Facilities. After exclusion, provision for park and
recreation facilities for the residents of Eagle Bend shall be the sole responsibility of
Avon, including operation and maintenance of any and all parks, trails or open space
within Eagle Bend. After exclusion, the residents of Eagle Bend shall have no interest in
or any special right to use the recreation facilities of the District, including its golf
courses, tennis courts, swimming pools, parks, trails or open space, other than the same
rights enjoyed by any member of the general public. The District's park and recreation
facilities will continue to be available to the residents of the District after exclusion on
the same basis such facilities are available today.
5. District Service Plan. The District's provisions for water service, fire
protection and park and recreation facilities for all areas of the District and for all the
residents of the District after exclusion will be in substantial compliance and fulfillment
00069517 DOC 3)
4
of the Service Plan of the District as presently in effect. The District represents that the
remainder of its water system and its park and recreation facilities, all of which are being
retained by the District, are adequate to serve the remaining territory of the District and
any transfer of the dedicated water right or any park and recreation facilities described
above or the transfer of that portion of its water system to Avon to serve Eagle Bend will
have no effect upon the service provided by the District in the territory which is not part
of this exclusion. The exclusion of Eagle Bend as herein proposed will not reduce the
services or facilities or increase the costs to users in the remaining territory of the
District. The exclusion of Eagle Bend as herein proposed will not result in the exclusion
of more than fifty percent of the territory of the District as it existed prior to such
exclusion. C.R.S. § 32-1-502(7)(a)(I). The valuation for assessment of the area proposed
for exclusion (Eagle Bend) is $ 8,097,380 for the 2007 Tax Year and is not greater than
the valuation for assessment of the area of the remaining territory of the District. C.R.S.
§ 32-1 -502 (7)(a)(II).
6. Indemnification.
(a) 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
Avon, its 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 party's intentional or
negligent acts, errors, omissions, or those of its agents, officers, servants and employees.
(b) In consideration of District's indemnification, Avon 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 party's intentional or negligent acts, errors, omissions, or
those of its agents, officers, servants and employees.
(c) Except as to the obligations under paragraph 6(b) above, the liability
of District hereunder shall be limited to the provision of water services, and Avon shall
have no claim to special, incidental, consequential, indirect or tort damages for the breach
hereof.
7. Insurance. The Parties agree to each acquire and maintain appropriate
insurance coverage for their respective operations under this Agreement.
(00069517.DOC /31
5
8. 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 (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.
The other Party, 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 9 hereof.
(b) Force Majeure. In the event either Party 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 that Party, then that Party's
obligation to perform the services under this Agreement shall be suspended during that
period of time that such condition exists.
9. Remedies. In the event that either Party defaults under this Agreement, as
set forth in Section 8 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:
(a) 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.
(b) 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.
10. Successors and Assigns. The terms of this Agreement shall be binding on
the successors and assigns of either Party.
11. 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, by email, or sent by first
class United States mail, postage prepaid, addressed as follows:
If to Avon:
00069517 DOC 3 }
Town of Avon
P.O. Box 1726
Avon, CO 81620
6
Attn: Mr. Scott Wright, Chief Financial Officer
swright(aavon.org (Email)
With a copy to:
If to District:
With a copy to:
If to
Water Authority:
With a copy to:
John W. Dunn, Esq.
Law Offices of John W. Dunn, LLC
P.O. Box 7717
Avon, CO 81620
(970) 748 6400 Telephone
(970) 748 8881 Fax
jdunngjwdunnlaw.com (Email)
Eagle -Vail Metropolitan District
P.O. Box 5660
Avon, CO 81620
Attn: Kenneth J. Marchetti, Esq.
James P. Collins, Esq.
Collins Cockrel & Cole
390 Union Blvd., Suite 400
Denver, CO 80228
Upper Eagle Regional Water Authority
846 Forest Road
Vail, CO 81657
Attn: Dennis Gelvin, General Manager
dgelvin@erwsd.org (Email)
Glenn Porzak, Esq.
Porzak Browning & Bushong LLP
929 Pearl Street, Suite 300
Boulder, CO 80302
(303) 443-6800 Telephone
(303) 443-6864 Fax
gporzak@pbblaw.com (Email)
Any Party 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.
12. Miscellaneous.
00069517 DOC 3
7
(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) Timeliness. Time is of the essence with respect to the performance
of each of the covenants and agreements herein set forth.
(e) Entire Agreement. This Agreement constitutes the entire
agreement between Avon and District concerning the subject matter of this Agreement.
This Agreement may not be amended or modified orally, but only by a written agreement
executed by Avon, District and Water Authority and designated as an amendment or
modification of this Agreement.
00069517 DOC 3
8
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as
of the respective dates set forth below to become effective as of the date first written
above.
Date: , 2008
TOWN OF AVON, a municipal corporation
By:
Mayor
Attest:
By:
Town Clerk
Date: , 2008
EAGLE-VAIL METROPOLITAN DISTRICT
By:
President
Attest:
By:
Secretary
Date: , 2008
UPPER EAGLE REGIONAL WATER
AUTHORITY
By:
Chairman
Attest:
By:
Secretary
00069517 DOC 3 }
EXHIBIT "A"
(Attached to and forming part of the Agreement by and between the Town of Avon
("Avon"), the Eagle -Vail Metropolitan District ("District") and Upper Eagle Regional
Water Authority ("Water Authority") dated to be effective January 1, 2009)
Eagle Bend Subdivision — Excluded Territory
A parcel of land located in the Southeast one -quarter of Section 12, Township 5
South, Range 82 West, and the Southwest one -quarter of Section 7, Township 5 South,
Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado, said parcel
being more particularly described as follows with all bearings relative to the Final Nat of
Eagle -Vail Filing No. 2:
Beginning at a point on the South right-of-way line of the Denver and Rio Grande
Western Railroad from whence the North one -quarter corner of said Section 7, a brass
cap monument found in place, bears N 05°01'54" E 4462.67 feet; thence along said right-
of-way line the following four courses:
1) N 64°22'00" W 2064.00 feet to a point of curvature;
2) 578.05 feet along the arc of a 34,327.50 foot radius curve to the left
whose long chord bears N 64°50'57" W 578.04 feet, to a point on the common line
of said Section 12 and 7;
3) thence continuing along the arc of said curve, 390.54 feet to a point
of tangent, with a long chord which bears N 65°39'27" W 390.54 feet;
4) thence N 65°59'00" W 377.60 feet to a point from whence the
common one -quarter corner of said Sections 12 and 7, a brass cap monument
found in place, bears N 67°10'39" E 756.94 feet;
thence S 23°28'30" W 417.51 feet along the East line of a parcel of land owned by Frank
and Imogene Doll, as recorded in Book 215 at Page 891 of the Eagle County Records, to
a point on the centerline of the Eagle River; thence along said centerline and the North
line of a parcel of land owned by Ken and Don Kriz, as recorded in Book 227 at Page 258
of the Eagle County Records, the following five courses:
1) S 59°39'32" E 398.03 feet;
2) S 61°26'30" E 300.36 feet;
3) S 59°23'49" E 305.09 feet to a point on the common line between
said Sections 12 and 7, from whence the Southeast corner of said Section 7, a
brass cap monument found in place, bears S 00°17'13" E 1458.64 feet;
4) thence continuing S 59°23'49" E 2.94 feet;
(000695 I7.DOC 3
5) S 84°14'40" E 54.42 feet:
thence leaving said centerline, S 01°24'46" E 35.00 feet to a point on the South bank of
the Eagle River; thence along said South bank the following eleven courses:
1) S 65°00'10" E 43.16 feet;
2) S 73°00'41" E 27.24 feet;
3) N 83°29'18" E 409.37 feet to Corner No. 17 of Eagle -Vail Filing
No. 2;
4) S 86°34'34" E 110.16 feet;
5) S 62°21'14" E 260.77 feet;
6) S 38°51'12" E 231.14 feet;
7) S 50°24'14" E 315.36 feet;
8) S 61°52'35" E 263.06 feet;
9) S 76°00'35" E 301.96 feet;
10) S 55°11'36" E 227.75 feet:
11) S 37°40'59" E 80.49 feet;
thence leaving said South bank, N 45°53'00" E 503.74 feet along the West line of a
parcel of land owned by Susan Nottingham, to the Point of Beginning, containing
1,395,474 square feet or 32.036 acres more or less;
and including Lot 1, Riverside Subdivision, Eagle County, Colorado.
END OF EXHIBIT A
00069517 DOC 3
A-2
EXHIBIT "B"
(Attached to and forming part of the Agreement by and between the Town of Avon
("Avon"), the Eagle -Vail Metropolitan District ("District") and Upper Eagle Regional
Water Authority ("Water Authority") dated to be effective January 1, 2009)
< Map of Eagle -Vail Metropolitan District >
END OF EXHIBIT B
100069517.DOC ' 3}
EXHIBIT "C"
(Attached to and forming part of the Agreement by and between the Town of Avon
("Avon"), the Eagle -Vail Metropolitan District ("District") and Upper Eagle Regional
Water Authority ("Water Authority") dated to be effective January 1, 2009)
< Resolution of the Board of Directors, Eagle -Vail Metropolitan District >
END OF EXHIBIT C
00069517 DOC / 3 }
EXHIBIT "D"
(Attached to and forming part of the Agreement by and between the Town of Avon
("Avon"), the Eagle -Vail Metropolitan District ("District") and Upper Eagle Regional
Water Authority ("Water Authority") dated to be effective January 1, 2009)
< Resolution of the Town Council >
END OF EXHIBIT D
00069517. DOC •' 31
EXHIBIT "E"
< Form of Exclusion Petition >
END OF EXHIBIT E
00064517 DOC ' 3;
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 11, 2008
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:40 pm. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, and Tamra
Nottingham Underwood. Brian Sipes was absent. Also present were Town Attorney John
Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town
Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development
Director Eric Heidemann, and Public Works/Transportation Director Jenny Strehler, as well as
members of the press and public.
Council and Committee and Staff Updates moved to Unfinished Business from the Work
Session
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
There were no items on the agenda which required a disclosure of any ex parte conversations
regarding Lot 3, Block 4.
COMMUNITY INPUT
Jim Pavlich addressed Council with regard to his property of 1.7 acres and the loss of sales tax
and property tax the town would incur if the ERFPD is successful in its condemnation of his site.
This would result in a loss of all retail services on the north side of interchange if a fire station
were constructed on the site. He council to the attend the ERFPD board meeting next week in
Cordillera in order to become better informed about what is going on. His tentative development
plans include commercial development with retail, possibly a hotel. Brian Wodell, Slifer Smith &
Frampton, stated that he would see it as beneficial to have a business that would generate
revenue in that location. Jenny Strehler announced that Dogma Athletic at 127 Main Street in
Edwards is having a fund raiser with Ellen Miller giving a presentation on Tues March 18 at 5:30
pm. She is the first woman to have climbed Mount Everest twice from both sides. Rich Carroll
exited the meeting at this time due to not feeling well.
ORDINANCES
Matt Pielsticker, Planner II presented on first reading an Ordinance No. 08-04, Series of 2008,
An Ordinance amending Title 17, Municipal Code of the Town of Avon, adding a new chapter
17.50 to the Zoning Code for the promotion of historic sites in Avon and adding definitions to
Chapter 17.08. It was suggested by John Dunn that Councilor Underwood need not recuse
herself from the discussion in light of the fact that several Nottingham properties are included on
the historic list. Mr. Pielsticker noted some of the following facts surrounding the topic:
• The P& Z Commission reviewed the ordinance over the course of three separate
hearings on February 5, February 19, and March 3.
• The strike through/bold version of the Ordinance is a reflection of the Planning and
Zoning recommended changes to the Ordinance.
• The Memo to the Planning and Zoning Commission from John Dunn is also included in
packet addressing some concerns raised by members of the Commission regarding the
proposed historic preservation ordinance.
• The Historic Preservation Committee was formed by Resolution 05-13 on May 15, 2005
and serves as an advisory Committee for the purpose of promoting historical
preservation for the Town.
• Other Ordinances have been studied within the past year hoping to formalize a
nomination and review process for historic properties and structures in Avon.
Jannette Hicks from Historic Committee was available to answer any questions. Mayor Wolfe
opened the public hearing, no comments were made, and the hearing was closed. It was noted
that the properties that this would apply to are 20 sites in Avon. Ordinance No. 08-04, Series of
2008, An Ordinance amending Title 17, Municipal Code of the Town of Avon, adding a new
chapter 17.50 to the Zoning Code for the promotion of historic sites in Avon and adding
definitions to Chapter 17.08, Councilor Underwood seconded the motion and it passed
unanimously by those members present (Carroll absent).
RESOLUTIONS
Shane Pegram, Engineer II, presented Resolution No. 08-07, Series of 2008, Resolution
approving the Final Plat, A Resubdivision of Lot 3, Block 4, Wildridge, Town of Avon, County of
Eagle, State of Colorado. A review of the final plat for 5786 Wildridge Road East was given. He
noted that this final plat resubdivides the existing Lot 3, Block 4 into 2 distinct lots, Lot 3A & Lot
3B. The party wall agreement and declarations have been reviewed by John Dunn and
Community Development with some suggested revisions made. The final plat is in
conformance with Title 16 of the Avon Municipal Code, Subdivisions. Councilor Ferraro moved
to approve Resolution No. 08-07, Series of 2008, A Resolution Approving the Final plat A
resubdivison of Lot 3, Block 4 Wildridge. Councilor Underwood seconded the motion and it
passed unanimously by those members present (Carroll absent).
COUNCIL COMMITTEE UPDATES
Amy Phillips presented a Battle Mountain High School Committee Updates noting some of the
following:
• who attended the first meeting
• Land owners involved in discussion
• Estimated cost of 3.9 million to bring the school up to code and 1 million -2 million to tear
it down.
• Mention of moving the parking lot and building attainable housing, constructing a new
and larger bus barn.
TOWN MANAGER REPORT
Town Manager Larry Brooks mentioned that a proposed ordinance establishing stricter
violations for hindering public transportation will be on the agenda in the near future. Some
discussion ensued about warranty issues that need to be addressed with the Avon Center.
MAYOR REPORT
Mayor Wolfe mentioned that the topic for discussion at the Executive Session was about a
preliminary draft appraisal of forest service parcels.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda with the absence of the Westin
Agreement. Councilor Underwood moved to adopt the consent agenda; Councilor Ferraro
seconded and the motion passed unanimously.
a. Minutes from February 26, 2008
Regular Council Meeting Page 2 of 3
08-03-11
b. West Avon Trail Improvements — Design Services Contract Award (Jeff Schneider, Project
Engineer) Proposal for engineering design services by Intermountain Engineering for Nottingham
Road Trailhead and Bike Path Extension
There being no further business to come before the Council, the meeting was adjourned at
6:25 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3
08-03-11
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineertllµ to
Shane Pegram, Engineer II
Date: March 18, 2008
Re: 2007 Steetscape Lighting Conversion
Change Order 001
Summary: The Streetscape Lighting Conversion project was implemented during 2006 to replace
existing fixtures, arms and poles that are in poor condition due to exposure to the elements. The
new fixtures comply with the Town of Avon lighting ordinance. The 2007 Avon Streetscape Lighting
Conversion project consists of replacing light fixture heads and arms along Sun Road, Chapel Place
and Avon Road from Sun Road north onto Nottingham Road. The contract was awarded to Tri-
Phase Electric during the September 11, 2007 Town Council meeting. Change Order 001 adds
installation of 36 new light poles to the project.
Discussion: The 2007 Avon Streetscape Lighting Conversion contract includes replacement of
lighting fixtures in 19 locations and the light fixture with arm assembly in 37 locations. While
replacing the light fixture heads, Tri-Phase Electric found five different types of poles. Each type of
pole requires a different arm assembly. As a result, the different poles prevented the installation of
36 of the new fixtures. Also, Public Works staff stated that this is a common problem they face
when replacing damaged poles.
Engineering staff requested Tri-Phase Electric to provide a quote for replacing the necessary poles
with one standard pole to allow installation of the new assembly arms and light fixtures and to
eliminate future difficulties with replacing an assortment of pole configurations. The attached
proposal from Tri-Phase Electric (Exhibit B) includes replacement of 36 light poles for the sum of
$72,636. Tri-Phase also requested additional funds for field investigation to determine pole sizes
and anchor bolt layout for the sum of $1,625.
Financial Implications: Currently there is an excess funding of $80,260 in the 2007 budget for the
Avon Streetscape Lighting Conversion. The Avon Streetscape Lighting Conversion's 2007 budget is
summarized below:
Existing Budget
Replacement of 20 fixture heads and 36 heads and arms
Design/Engineering
Administration
Contingencies
Total
Excess Funding — 2007
2007 Budget
$112,240
$ 7,500
$ 5,000
$ 25,000
$149,740
$ 80,260
$230,000
Proposed Budget
Replacement of 20 fixture heads and 36 heads and arms
Change Order 001
Design/Engineering
Administration
Total
Excess Funding
2007 Budget
$112,240
$ 74,265
$ 7,500
$ 5.000
$199,005
$ 30,995
$230,000
Staff recommends approval of Change Order 001, in the amount of $74,265 for replacing 36 light
poles.
Recommendation: Approve Change Order 001 in the amount of $74,265 for replacing 36 light
poles.
Town Manager Comments:
Attachme
Exhibit A — Change Order 001
• Page 2
CHANGE ORDER
Order No.: 001
Date: March 18, 2008
Agreement Date: September 17, 2007
NAME OF PROJECT: 2007 Lighting Conversion
OWNER: Town of Avon, Colorado
CONTRACTOR: Tri-Phase Electric Company
The following changes are hereby made to the CONTRACT DOCUMENTS:
• Installation of 36 light poles $72,636.40
• Field investigation of pole sizes and anchor bolt patterns $ 1,625.00
• Extend Contract to June 30, 2008 (approximately 30 calendar days past delivery of new
poles).
Justification:
The 2007 Avon Streetscape Lighting Conversion contract includes replacement of lighting fixtures in
19 locations and the light fixture with arm assembly in 37 locations. While replacing the light fixture
heads, Tri-Phase Electric found five different types of poles. Each type of pole requires a different
arm assembly. As a result, the different poles prevented the installation of 36 of the new fixtures.
Also, Public Works staff stated that this is a common problem they face when replacing damaged
poles.
Engineering staff requested Tri-Phase Electric to provide a quote for replacing the necessary
poles with one standard pole to allow installation of the new assembly arms and light fixtures and
to eliminate future difficulties with replacing an assortment of pole configurations.
Change to CONTRACT PRICE: $74,261.40
Original CONTRACT PRICE: $112,240.40
Current CONTRACT PRICE adjusted by previous CHANGE ORDER N/A
The CONTRACT PRICE due to this CHANGE ORDER will be increased by $74261.40
The new CONTRACT PRICE including this CHANGE ORDER will be $186.501.80
Change to CONTRACT TIME: Extend Contract to June 30, 2008
CO -1
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
CO -2
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and Town Council
Larry Brooks, Town Manager
Patty McKenny, Town Clerk
March 18, 2008
Resolution No. 08-10, Series of 2008, A Resolution Delegating Authority To
The Town Clerk To Appoint Election Judges For The Special Municipal
Election On May 6, 2008
SUMMARY:
In anticipation of the Special Municipal Election May 6, 2008, election judges must be appointed to
serve. Staff is requesting that the Town Council delegate the town clerk the authority to appoint
election judges.
BACKGROUND:
Pursuant to Section 31-10-401, the governing body may delegate to the clerk the authority and
responsibility to appoint judges of election.
DISCUSSION:
Election judges are to be appointed at least fifteen days before the municipal election (no later
than April 21, 2008). The statute allows the governing body by resolution to delegate the
responsibility of this task to the clerk; this seems in order in light of the clerk arranging for all other
tasks related to the administration of the election.
Election judges are required to be paid and the compensation is defined in Section 31-10-408 of
the municipal election code, judges shall receive full compensation, "not less than five dollars and
not more than the maximum amount allowed by statute", as determined by the governing body. A
survey was taken of Eagle County, Town of Vail and Eagle River Fire Protection District, asking
the question of pay rates for its election judges. Two of the three jurisdictions pay $200 for the
day. Staff recommends compensation in the amount of $200 for the day (approximately 6:30 am
until 8:30 pm which equates to about $14.25/hour). It is our opinion that this is an appropriate
wage for serving in this capacity. There is an election budget of $10,000 for 2008 for costs
associated to the special election in May and regular municipal election in November.
ATTACHMENT:
• Town of Avon, Resolution No. 08-10
TOWN MANAGER'S COMMENTS:
TOWN OF AVON, COLORADO
RESOLUTION NO. 08-10
SERIES OF 2008
A RESOLUTION DELEGATING AUTHORITY TO THE TOWN CLERK TO APPOINT
ELECTION JUDGES FOR THE SPECIAL MUNICIPAL ELECTION ON MAY 6, 2008
WHEREAS, pursuant to Section 31-10-401, C.R.S., the governing body must appoint election
judges for the Special Municipal Election May 6, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. The Town Council delegates to the Town Clerk the authority to appoint Judges for
the Special Municipal Election on May 6, 2008.
Section 2. This Resolution shall be effective immediately.
INTRODUCED, READ, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THE 25TH DAY OF MARCH, 2008.
Town of Avon, Colorado
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineer I (t4µ
Shane Pegram, Engineer II
Date: March 20, 2008
Re: Victor Mark Donaldson Architects — Additional Service Fee Proposal for
Recreation Center Remodel Project
Summary: Victor Mark Donaldson Architects (VMDA) and M -E Engineers have provided add
service fee proposals (Exhibit A) for design work required to evaluate additional windows to the 2nd
floor space to be constructed in Fall of 2008. The total recommended add service fee is $5,300.
Discussion: Town of Avon Recreation Center Remodel plans were presented to Town Council
during the March 11, 2008 council meeting. Town Council requested that staff explore possibilities
for adding additional windows to the new 2nd floor over the existing lobby. Suggested locations
included the south wall facing the pool, the north wall above the child care roof, the west wall in line
with existing windows, and sky lights above the stretching area and equipment maintenance area.
VMDA has provided opinions for each suggested window installation in their proposal (Exhibit A).
VMDA's recommendation for a bid alternate includes installation of the windows in the south wall
facing the pool and skylights over the stretching area. The basis for the recommendation is included
in VMDA's proposal. The recommended windows require additional fees from VMDA ($3,000),
M&NEC ($1,300), and M -E Engineers ($1,000).
Staff recommends approval of the add service fees proposal for design of windows in the south wall
facing the pool and skylights within the stretching area for the sum of $5,300.
Financial Implications:
VMDA's add service fee is $5,300, and is not to be exceeded without prior written approval. The
Town of Avon 2008 Budget includes $660,000 for design and construction of the Avon Recreation
Center remodel. The following table is a break down of expected costs:
Project Item
Budget
Design Contact
$65,000
Design Add Service Fee
$5,500
Construction Cost Estimate (w/o
window alternate)
$524,000
IT Components
$15,000
Special Inspections
$5,000
Contingency (9%)
$45,500
Total Budget
$660,000
Recommendation: Approve the VMDA add service fee for design of additional windows on the
south wall and skylights in the stretching area not to exceed $5,300 without prior written approval.
Proposed Motion: I move to approve VMDA's add service fee for design of additional windows on
the south wall and skylights in the stretching area not to exceed $5,300 without prior written
approval.
Town Manager Comments:
NOTES:
Exhibit A — VMDA Additional Service Fee Proposal and Recommendations, dated March 20, 2008
• Page 2
ARCHITECTS
ON
March 20, 2008
Shane Pegram, Project Manager
Engineering Department
Town of Avon
Avon, CO
RE: Additional Services Requested for Avon Recreation Center
Interior Expansion & Remodel
Avon, CO
Good Morning Shane,
0048 E BEAVER CREEK BLVD
SUITE 207
PO BOX 5300
AVON, CO 81620
970/949-5200
FAX 949-5205
WWW.VMDA.COM
Please find attached the ME -Engineers, Inc. letter incorporating their request for MEP Added
Design Services segregated into two scopes of work (for ease of understanding and determining
the best path for function and economics); further, you will find below our VMDA and the Monroe
& Newell quotations for the same two scopes for your review and consideration, recognizing that
Construction Documents are at about 95% complete.
As a guide for the following summaries, it is important for the overall function and air quality in this
facility to not commingle Pool Room air with other facility air and to also continue to segregate
Cardio/Aerobic air from the 2 Offices, Conference Room and Work Room air.
Additionally, part of the reasoning for the opinions rendered herein is that the Work Room, 2
Offices and Conference Room is being adapted from one mechanical system below and the
balance of the program area mechanical system is being adapted from the upper mechanical
system. The limitations of those two systems are included in the discussion below and within the
ME -Engineers letter attached hereto.
The requests as we understand them and have researched and formed professional opinions are
as follows:
1. Add new interior window to the West interior Work Room wall to allow more 'borrowed light:
Response: The existing exterior window system from which this light would be available is
only about two feet above the floor and would need to have more exterior glazing added
above the existing windows (likely one more panel equal to 1/2 of the size of the existing
window. This would involve additional structural masonry demolition and a new masonry or
steel lintel for this exterior wall. At this time we recommend waiting until this new floor is
converted to full Program Area. Additional fees are quoted herein should you elect to
incorporate this item at this time.
2. Add new windows along the north wall of the Work Area, two Offices and Conference
Room.
Response: These windows create sufficient additional heat loss for the existing mechanical
systems that will require mechanical equipment upgrades. At this time we recommend
waiting until this new floor is converted to full Program Area. Additional fees are quoted
herein should you elect to incorporate this item at this time.
3. Add new additional windows along the Pool Room (south) wall.
Response: After more research we have determined that the previously discussed 'X -
Bracing' is above the proposed window locations and may be incorporated readily, as
requested. The Pool Room temperature range of around 80F to 85F degrees and the
existing mechanical system will allow for this small additional cooling load.
4. Add new skylights in various areas of the new floor expansion.
Response: Skylights in the Work Area, 2 Offices and Conference Room also overload the
mechanical system as discussed above. At this time we recommend waiting until this new
floor is converted to full Program Area. Additional fees are quoted herein should you elect
to incorporate this item at this time. However, two new skylights in the Program Area do not
overload the upper system and may be readily incorporated, as requested.
The Additional Fees for the above noted Additional Services for VMDA (including Project Manual
revisions) and M&NEC are stated below and should be considered in addition to the ME -Engineers
fees quoted in the attached letter. These fees are quoted by the 4 items listed above. All fees
quoted herein are on top of reimbursements which should be in the range of 7% to 9% of the fees.
1. VMDA = $1,600.00 + M&NEC = $500.00.
2. VMDA = $2,400.00 + M&NEC = $1,100.00
3. & 4. VMDA = $3,000.00 + M&NEC = $1,300.00
Shane, feel free to contact me with any questions and please find attached to this email,
pertinent photographs and the ME -Engineer letter.
Best regards,
Mark Donaldson, Principal
M -E ENGINEERS, INC.
MECHANICAL AND
ELECTRICAL
CONSULTING ENGINEERS
March 19, 2008
Mr. Mark Donaldson
VMDA
PO Box 5200
Avon, CO 81620
RE: Avon Rec Center Renovation
Owner Requested Revisions
MEP Added Design Services
Dear Mark,
As we discussed earlier today, the Town of Avon has requested the addition of several windows
and skylights to the Avon Rec Center Remodel project. Due to the nature of this revision and
the added cooling and heating load, it will be necessary for us to perform additional load
calculations and revise our HVAC design. Since the affected areas are served by two different
mechanical systems we have decided to address this effort in two phases.
Phase one will address the additional windows and sky lights in the stretch area. This area is
served by the existing unit in the cardio workout area. We will need to revise our design for the
stretch area to accommodate the additional load. We will also revise the lighting layout. For
this portion of work we request an added fee of $1,000.
Phase two will address the additional loads in the work area, offices and conference room. We
have designed this area to be served form the existing Lobby RTU. Due to major increases in
the load through solar and conductive heating, we feel it will be necessary to provide a new
rooftop unit dedicated for this area. This will require a complete redesign of the current HVAC
and Lighting systems. For this portion of work we request an additional fee of $2,500.
Please acknowledge your acceptance of these terms by signing below in the space provided.
Feel free to contact me if you have any questions or comments.
Sincerely,
Sincerely,
M -E Engineers, Inc.
Vail Valley Office
Michael P. Day, P.E.
Principal
Accepted for
Victor Mark Donaldson Architects. Inc.
signature
VAIL VALLEY OFFICE
P.O. BOX 5740
245 CHAPEL PLACE
SUITE 200
AVON. COLORADO 81620
PHONE: 970.949.6000
FAX: 970.949.1959
date
DENVER. CO. (CORPORATE)
COLORADO SPRINGS. CO
VAIL. CO
LOS ANGELES. CA
SAN DIEGO. CA
KANSAS CITY. MO
NEW YORK. NY
LONDON. ENGLAND
TOWN OF AVON, COLORADO
WORK SESSION MEETING FOR TUESDAY, MARCH 25, 2008
MEETING BEGINS AT 2:00 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS
AV�
TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
2:00 PM - 3:00 PM 1. EXECUTIVE SESSION pursuant to 1) CRS 24-6-402 (4)(f) related to personnel
matter, and 2) CRS 24-6-402 (4)(b) conference with Town Attorney for the
purpose of receiving legal advice on specific legal questions regarding
pending issues related to the Village (at Avon)
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3:00 PM — 3:15 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
3:15 PM - 4:00 PM 4. TOWN OF AVON, VILLAGE AT AVON AND EAGLE COUNTY SCHOOL DISTRICT
LAND NEGOTIATIONS (Larry Brooks Town Manager, John Dunn, Town Attorney)
Review of the school land dedication discussion from the last 60 days
4:00 PM — 4:30 PM 5. UPDATE ON AMENDING TITLES 16 AND 17, AVON MUNICIPAL CODE RELATED
SUBDIVISION AND ZONING TITLES (Eric Heidemann, Assistant Town Manager
Community Development) Review proposed changes to subdivision and zoning code
4:30 PM 6. ADJOURNMENT
Avon Council Meeting.08.03.25
Page 1 of 5
Memo
AVON
COLORADO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, AICP, Assistant Town Manager, Community Development
Date: March 25, 2008 Meeting
Re: Update on Amending Titles 16 and 17, Avon Municipal Code
Summary:
Based on the direction from the Town Manager and Council, the Community Development
and Engineering Staff have collaborated to establish a strategy for potential amendments to
the Subdivision and Zoning Titles of the Avon Municipal Code in order to rectify substantive
and procedural inconsistencies and combine these titles into one new title to be called "Land
Use Regulations". A consolidated land use chapter, which is fairly common among Counties
and Municipalities, will create a more user-friendly document for staff to administer and the
development community to understand. More importantly, this update will allow staff to
strengthen our land use regulations with more progressive policies and procedures,
particularly with respect to the subdivision review process, as well as allow for necessary
changes related to new statutory and/or case law.
The current language in the existing titles is vastly outdated considering it was originally
adopted in the late 1970s and has not been substantially amended since it was first adopted
when the Town of Avon was incorporated in 1978.
Below is a brief summary of identified areas of concern with the current language in the
code:
• The structure of the titles is cumbersome because it severs the subdivision process
from the zoning/PUD process. Although references were added attempting to link
the subject sections of the code, it remains difficult to navigate and is counterintuitive
to a layperson trying to understand the process and it's requirements;
• There are contradictory statements regarding the Guarantee of Public Improvements
in Section 16.24.100 and 16.24.140;
• Traffic: does not specify when a Traffic Study is required nor does it describe what
standards to evaluate it against;
• Roads: The road standards do not reflect current standards used in the Town. They
are remnants of when Avon was a rural town but we now have urban/suburban
densities on the valley floor. We require two set of standards: one for mountain
residential and the other for the valley floor. For instance, the standards do not:
a. require sidewalks or other pedestrian and bicycle facilities
b. require 12 foot wide lanes everywhere
c. allow on -street parking
d. contemplate curb and gutter
• Drainage: These standards are probably the best in the current Code, but still need
some work. There are no references to Stormwater Quality;
• Geologic Hazards: requires a geologic report but there are no standards;
• Wildfire Report: requires a wildfire report but there are no standards; and
• Soils Report: requires a soils report but there are no standards.
Discussion:
Given the issues with the Code identified above, and numerous others to be further detailed,
Staff would to like to have a discourse with Council on how best to proceed with the initial
step in commencing the process of making necessary amendments to the Avon Municipal
Code. The discussion will also include the other problematic issues with the code as
mentioned above.
Town Manager Comments:
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