TC Ord. No. 2008-08 Repealing ordinance No.81-11 series of 1981 and terminating the TOA CO town center maill as a pedestrain mailll designating it as a public street with vehicular access and terminating assessments against adjacent property owners for opTOWN OF AVON, COLORADO
ORDINANCE NO. 08-08
SERIES OF 2008
AN ORDINANCE REPEALING ORDINANCE NO. 81-11, SERIES OF 1981, AND
TERMINATING THE TOWN OF AVON, COLORADO TOWN CENTER MALL AS A
PEDESTRIAN MALL, DESIGNATING IT AS A PUBLIC STREET WITH VEHICULAR
ACCESS, AND TERMINATING ASSESSMENTS AGAINST ADJACENT PROPERTY
OWNERS FOR OPERATING COSTS
WHEREAS, the Town of Avon (the "Town") is a home rule municipality duly organized and existing
under Article XX of the Constitution of the State of Colorado; and
WHEREAS, pursuant to the Charter of the Town and the Public Mall Act of 1970, C.R.S: § 31-25-401,
et seg., the Town Council of the Town, (the "Town Council") took the necessary steps to establish a
pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Filing No. 4,
in the Town, as more specifically described in Exhibit A (the "Mall Property"); and
WHEREAS, pursuant to Resolution No. 80-16, the Town Council expressed _its intention to establish a
pedestrian mall; and
WHEREAS, pursuant to Resolution No. 81-4, the Town Council established a pedestrian mall and
scheduled a public hearing on any claims for damages relating thereto and scheduled consideration of an
ordinance to finally establish the pedestrian mall; and
WHEREAS, on June 23, 1981, the Town Council adopted Ordinance No. 81-1 1, Series of 1981,
establishing a pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision,
Filing No. 4, Town of Avon (the "Town Center Mall") and made the necessary determinations required
by law, set forth regulations for use of the Town Center Mall, established that there would be no
assessments for the costs of improvements or maintenance of the Town Center Mall except in accordance
with an agreement by adjacent property owners, and made such other findings as necessary to establish
the Town Center Mall; and
WHEREAS, pursuant to Ordinance No. 81-26, Series of 1981, known as the Mall District Creation
Ordinance, the Town did establish and create the "Town of Avon, Colorado Town Center Mall
Improvement District" for the purpose of making certain local improvements and to assess substantially
all of the cost thereof to the property benefited thereby; and
B US_RE\ 1670483.3
WHEREAS, pursuant to Ordinance No. 81-27, Series of 1981, known as the Mall District Bond
Ordinance, the Town authorized the issuance of special assessment bonds to pay for improvements to the
Town Center Mall; and
WHEREAS, the assessment bonds have been paid and the improvements located within the Town of
Avon, Colorado Town Center Mall Improvement District are now obsolete and in need of reconstruction;
and
WHEREAS, C.R.S. § 31-25-407(5) allows the Town and the Town Council to abandon the operation of
a pedestrian mall and,to change or repeal the rules and regulations pertaining to a pedestrian mall; and
WHEREAS, the provisions of C.R.S. § 31-25-406(8) allow the Town and the Town Council to designate
that the property within a pedestrian mall revert to a public street upon vacating the pedestrian mall
thereon; and
WHEREAS, the Town Council has determined that it is in the best interest of the Town and its citizens
to repeal Ordinance No. 81-11, Series of 1981; to terminate, vacate and abandon the Town Center Mall as
a pedestrian mall; to designate the Mall Property, which is owned by the Town, as a Town public street
with vehicular access; and to terminate the Mall Agreement dated as of April 16, 1981 (the "Mall
Agreement") which was approved by Ordinance No. 81-11, Series of 1981, and which imposed
assessments against adjacent property owners for operating costs of the Town Center Mall.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, THAT:
1. The recitals contained above are incorporated herein by reference and are adopted as
findings and determinations of the Town Council.
2. Town Ordinance No. 81-11, Series of 1981, which established a pedestrian mall on the
Mall Property, consisting of a portion of Tract G, Block 2, Benchmark at Beaver Creek,
Filing No. 4, Town of Avon, is hereby repealed.
3. The Town Center Mall is hereby terminated, vacated and abandoned as a pedestrian
mall, and title to the Mall Property, is confirmed to be and remain in the Town pursuant
to grant and the use thereof is designated to revert to a public street as permitted by
C.R.S. § 31-25-406(8).
2
BUS_RE\1670483.3
4. All other ordinances, resolutions or agreements, including the Mall Agreement, which
impose assessments upon adjacent property owners to pay costs associated with the
operation and maintenance of the Mall Property as a pedestrian mall are hereby
repealed, amended or terminated to the extent necessary to comply with this ordinance.
[Remainder of this page left intentionally blank]
3
BUS_RE\1670483.3
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the
day of rcA~- , 2008, and a public hearing on this ordinance shall be held at the regular meeting
on the oZy"~'day of , 2008, % 5:30 P.M. in the Council Chambers, Avon
of the Town f
Municipal Building, 400 Bench Road, Avon, Colorado.
,~pWN OFq~o
:SEA ~ onald C. Wolfe, Mayor
ATTEST:
ORA00
c
P y Mc Cenny, n Jerk
t~ INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED
POSTED the 2qL day of KAL~- , 2008.
ATTEST:
cWt,,
Mc enny, To,oG
WN OFgo
.SEAL*:
APPROVED AS TO FORM:
-1~4 -
Joh W. Dunn, Town Attorney
. 6',A-p
4
Ronald C. Wolfe, Mayor
4
BUS RE\1670483.3
MET 1,S' AND BOUNDS DE XRIPTION
FOR AVON MALL
EXHIBIT "A"
o~
.9L
No 50710
\ w
V. I ess~'~
It I LOr6¢
AVON MALL
Hetes.and bounds description of a tract of land to be known as Avon Hall
located in the northwest 1/4 of section 12 township 5 south range 82
4 west as shown on the official plat - Town of Avon, Eagle County, Colorado
and final subdivision plat amendment $4 benchmark at Beaver Creek, more
particularly described as follows:
Beginning at the northwest corner of lot 64 as *shown on said plat, thence
north 36 56' 39" east a distance of 369.19 feet, thence south 20 31' 121-
e ast a distance of 346.33 feet, thence south 650 58' 08" east a distance
of 520.00 feet, thence south 850 31' 22" east a distance of 125.26 feet,
thence south 200 58'•08" east a distance of 85.00 feet, thence south
690 O1' 52" west a distance of 120.00 feet, thence north 200 58' 08" west
a distance of 75.00 feet, thence north 650 58'•08" west a distance of
255.00 feet, thence south 690 01' 52" west a distance of 42.43 feet, thence
north 650 58' 08" west a distance of 72.47 feet, thence north 209 58' 08"
west a distance of 42.43 feet, thence north 650 58' 08'! west a•distance
or 410.00 feet, to the POINT OF BEGINNING containing 90;025.5 square feet
or 2.0667 acres more or less.
7855 E. EXPOSITION AVE.'..
DENYER, COLO. 5020209 08
'AM11"TA UR. AREA 'CODE 907•'744-1881•-
" • ' • ~ :-s:..
ENGINEERS ARCHITECTS PLANNERSi
5
BUS_RE\1670483.3
Sherman & Howard L.L.C
To: Avon Town Council
From: Randy D. Funk
Date: June 5, 2008
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: (303)297.2900
FAX: (303)296-0940
OFFICES IN: COLORADO SPRINGS
STEAMBOAT SPRINGS VAIL - PHOENIX • RENO- LAS VEGAS
MEMORANDUM
Re: Ordinance Regarding Town Center Mall
In 1981, the Town Council adopted Ordinance No. 81-11, Series of 1981, establishing a
pedestrian mall known as the Town Center Mall (the "Mall"). The Council later issued bonds to
pay for certain improvements to the Mall. In addition, pursuant to a Mall Agreement entered
into in 1981, adjacent property owners continue to be assessed for a portion of the operating
costs of the Mall. The bonds have now been paid and the Mall is in need of redevelopment. As
part of the redevelopment of the area, it is proposed that the pedestrian mall revert to a public
street with vehicular access.
Ordinance No. 08-08 takes the necessary steps to effectuate this transition of the Mall to a
public street with vehicular access. It repeals Ordinance No. 81-11 and terminates the Town
Center Mall as a pedestrian mall. It designates the Mall property as a public street with vehicular
access. Finally, it terminates the Mall Agreement and any assessments for operating a pedestrian
mall.
Staff recommends approval of Ordinance 08-08 in order to facilitate the redevelopment
of the Mall as a public street with vehicular access.
B US_RE\ 1679653.1
0
TOWN OF AVON; COLORADO
ORDINANCE NO. 08-_
OF 2008
AN ORDINANCE REPEALING ORDINANCE NO. 81-11, SERIES OF 1981, AND
TERMINATING THE TOWN OF AVON, COLORADO TOWN CENTER MALL
AS A PEDESTRIAN MALL, DESIGNATING IT AS A PUBLIC STREET WITH
VEHICULAR ACCESS, AND TERMINATING ASSESSMENTS AGAINST
ADJACENT PROPERTY OWNERS FOR OPERATING COSTS
WHEREAS, the Town of Avon (the "Town") is a home rule municipality duly organized and existing
under Article XX of the Constitution of the State of Colorado; and
WHEREAS, pursuant to the Charter of the Town and the Public Mall Act of 1970, C.R.S. § 31-25-401,
et seq., the Town Council of the Town (the "Town Council") took the necessary steps to establish a
pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Filing No. 4,
in the Town, as more specifically described in Exhibit A (the "Mall Property"); and
WHEREAS, pursuant to Resolution No. 80-16, the Town Council expressed its intention to establish a
pedestrian mall; and
WHEREAS, pursuant to Resolution No. 81-4, the Town Council established a pedestrian mall and
scheduled a public hearing on any claims for damages relating thereto and scheduled consideration of an
ordinance to finally establish the pedestrian mall; and
WHEREAS, on June 23, 1981, the Town Council adopted Ordinance No. 81-11, Series of 1981,
establishing a pedestrian mall on a portion of Tract G, Block 2, Benchmark at Beaver Creek Subdivision,
Filing No. 4, Town of Avon (the "Town Center Mall") and made the necessary determinations required
by law, set forth regulations for use of the Town Center Mall, established that there would, be no
assessments for the costs of improvements or maintenance of the Town Center Mall except in accordance
with an agreement by adjacent property owners, and made such other findings as necessary to establish
the Town Center Mall; and
WHEREAS, pursuant. to Ordinance No. 81-26, Series of 1981, known as the Mall District Creation
Ordinance, the Town did establish and create the "Town of Avon, Colorado Town Center Mall
BUS_RE\1670483.3
Improvement District" for the purpose of making certain local improvements and to assess substantially
all of the cost thereof to the property benefited thereby; and
WHEREAS, pursuant to Ordinance No. 81-27, Series of 1981, known as the Mall District Bond
Ordinance, the Town authorized the issuance of special assessment bonds to pay for improvements to the
Town Center Mall; and
WHEREAS, the assessment bonds have been paid and the improvements located within the Town of
Avon, Colorado Town Center Mall Improvement District are now obsolete and in need of reconstruction;
and
WHEREAS, C.R.S. § 31-25-407(5) allows the Town and the Town Council to abandon the operation of
a pedestrian mall and to change or repeal the rules and regulations pertaining to a pedestrian mall; and
WHEREAS, the provisions of C.R.S. § 31-25-406(8) allow the Town and the Town Council to designate
that the property within a pedestrian mall revert to a public street upon vacating the pedestrian mall
thereon; and
WHEREAS, the Town Council has determined that it is in the best interest of the Town and its citizens
to repeal Ordinance No. 81-11, Series of 1981; to terminate, vacate and abandon the Town Center Mall as
a pedestrian mall; to designate the Mall Property, which is owned by the Town, as a Town public street
with vehicular access; and to terminate the Mall Agreement dated as of April 16, 1981 (the "Mall
Agreement") which was approved by Ordinance No. 81-11, Series of 1981, and which imposed.
assessments against adjacent property owners for operating costs of the Town Center Mall.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, THAT:
1. The recitals contained above are incorporated herein by reference and are adopted as
findings and determinations of the Town Council.
2. Town Ordinance No. 81-11, Series of 1981, which established a pedestrian mall on the
Mall Property, consisting of a portion of Tract G, Block 2, Benchmark at Beaver Creek,
Filing No. 4, Town of Avon, is hereby repealed.
2
BUS_RE\1670483.3
3. The Town Center Mall is hereby terminated, vacated and abandoned as a pedestrian
mall, and title to the Mall Property, is confirmed to be- and remain in the Town pursuant
to grant and the use thereof is designated to revert to a public street as permitted by
C.R.S. § 31-25-406(8).
4. All other ordinances, resolutions or agreements, including the Mall Agreement, which
impose assessments upon adjacent property owners to pay costs associated with the
operation and maintenance of the Mall Property as a pedestrian mall are hereby
repealed, amended or terminated to the extent necessary to comply with this ordinance.
[Remainder of this page left intentionally blank]
3
BUS_RE\1670483.3
I I/
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the
day of , 2008, and a public hearing on this ordinance shall be held at the regular meeting
of the Town Council on the day of , 2008, at 5:30 P.M. in the Council Chambers, Avon
Municipal Building, 400 Benchmark Road, Avon, Colorado.
ATTEST:.
Patty McKenny, Town Clerk
Ronald C. Wolfe, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED
POSTED the day of , 2008.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
BUS_RE\1670483.3
Ronald C. Wolfe, Mayor
4
• - PO
ZIP,~
-1.
MET -IS~'AND BOUNDS DE XR'lPTION
FOR AVON MALL
EXHIBIT "A"
Ab Save
LOr64
AVON HALL
Hates and bounds description of a tract of land to be known as Avon Nall
located in the northwest 1/4 of section 12 township 5 south range 82
west as shows on the official plat - Town of Avon, Eagle County, Colorado
and final subdivision plat amendment 14 benchmark at Beaver Creek, more
particularly described as follows-.
Beginning atthenorthwest corner of lot 64 as*shown on said plat, thence
north 36 561 391 east a distance of 369.19 feet, thence south 20 31' 12"
east a distance of 346,33 feet, thence south 650 58' 08" east a distance
of 520.00 feet, thence south 850 31' 22" east a distance of 125.26 feet,
thence south 260 581•08" east a distance of 85,00 feet, thence south
690 O1' 52" west a distance of 120.00 feet, thence north 260 58' 08" west
a distance of 75.00 feet, thence north 650 59'•08" west a distance of
255.00 feet, thence south 690 01' 52" west a distance of 42.43 feet, thence
north 650 58' 08" west a distance of 72.47 feet, thence north 209 58' 08"
west a distance of 42.43 feet, thence north 650 58' 08" west a•distance
or 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet
or 2.0667 acres more or less.
c 3755 E. EXPOSITION AVF
DENVER. COLO_ 9020
9
VA,W
-AMIST11 AREA'CODE 903"744~i991-
ENGINEERS ARCNITECTS- > PLANNERS;
5
BUS_RE\1670483.3
NOTICE OF PROPOSED ORDINANCE TO TERMINATE
TOWN CENTER PEDESTRIAN MALL
TOWN OF AVON, COLORADO
NOTICE IS HEREBY GIVEN that pursuant to law, the Town Council (the "Town
Council") of the Town of Avon, Colorado (the "Town") will hold a public hearing at its regular
meeting on Tuesday, June 24, 2008, on Ordinance No. 08- , Series of 2008 (the
"Ordinance"). If the Ordinance is adopted, the Town will terminate, vacate and abandon the
pedestrian mall known as the Town Center Mall (the "Mall") and the property currently used for
the Mall will revert to a public street with vehicular access.
Any interested owner of property near the Mall or any other interested persons may
attend the meeting of the Council and present comments or questions to the Town Council
regarding the Ordinance and the termination of the pedestrian mall. The meeting will be held at
5:30 p.m. on Tuesday, June 24, 2008, at the Avon Municipal Building located at 400 Benchmark
Road, Avon, Colorado. Prior to such time, questions may be directed to Scott Wright at
telephone number 970-748-4000.
BUS_RE\1670596.3