TC Council Packet 05-25-2004STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD MAY 25, 2004, AT 2:15 PM AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:15 PM - 3:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences with an
attorney for the local public body for the purposes of receiving legal advice
on specific legal questions. The topic of discussion includes the
negotiation of cost of municipal services to the Village and review
pending litigation over Lot 61.
3:30 PM - 4:00 PM 2) Council Committee Updates - Council members are assigned to several
committees and update their progress.
ECO & WECMRD Updates (Councilor Wolfe)
Proposal for smokeless town (Mayor Reynolds)
4:00 PM - 4:30 PM 3) Follow-up on Discussion with Avon's Building Community
(iambi Katieb & Norm Wood) - Staff will follow-up with the input given
on improving the building review and permit process.
4:30 PM - 4:45 PM 4) East Beaver Creek Blvd Improvements- Funding by the Village at
Avon (Norm Wood) - Council will receive the schedule for the road
improvement project being funded by Traer Creek.
4:45 PM - 5:15 PM 5) Staff Updates
a. Community Development Updates (iambi Katieb) Staff will
provide updates on various projects.
b. Metcalf Drainage Improvements / Nottingham Road to 1-70
(Norm Wood) - Staff will provide an overview project that will
redesign existing drainage facilities north of Nottingham Rd to
Interstate 70.
c. Water Augmentation Requirements for Avon Development (Norm
Wood) - Update on the Town of Avon water augmentation
requirements analysis.
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without
notice.
Comments from the public are welcome.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 21, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.05.25
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo(."-,-
Date: May 20, 2004
Re: Village at Avon Police Services Negotiation
Summary:
Dean Johnson, the consultant hired by Traer Creek Metro District to review the Town's
position regarding the calculation of police services, has submitted a ten-year projection to the
Traer Creek board for their review. Staff has also reviewed this model and has made certain
mathematical corrections that affect the calculations. Staff has also discussed the merits of the
three factors being used in the calculations and we believe that the factor most misrepresented
is the service call factor.
Using Mr. Johnson's ten-year model as a basis. I have prepared three exhibits, each of which
uses a slightly different methodology for calculating the police costs for service calls. Staff
feels that Mr. Johnson's model in this particular area misrepresents the service call data for
2004. Because subsequent years are all based on this data, each of the next 10 years is
misrepresented exponentially.
Below I will explain the factors used in the models and will explain the differences in each of
the three exhibits.
Patrol Factor
Each of the models uses direct costs in calculating the patrol factor. Direct costs for patrol
include personnel costs, vehicle costs, and dispatch services. These costs are then multiplied
by the average time officers are involved in "uncommitted time" or patrolling (I have attached
a memo from Jeff Layman that will help explain "uncommitted" vs. "committed" time). For
patrol, the result is then multiplied by the ratio of the Village lane miles to the total, which
becomes the patrol factor amount for the Village.
Page 1
Preparedness, Administration & Support Factor
Each of the models uses a separate factor for allocating the costs associated with preparedness,
administration and support. These would be considered indirect costs and include all of the
administration program costs, operating supplies, training, etc.
The total of these costs is then multiplied by an average of the ratios for commercial square
feet and residential dwelling units, the result of which is the allocation of these costs to the
Village.
Service Call Factor
Each of the models uses a separate factor for allocating costs associated with "committed
time" or otherwise referred to as service calls. Each model takes same direct costs discussed
above and multiplies them by the total average committed time of the officers. Total
committed time plus uncommitted time equals 100%. This amount then adds 100% of the
direct costs of the Town detective. This total is then multiplied by a ratio for allocation to the
Village, which is where staff believes the model provided by Mr. Johnson breaks down.
Exhibit 1. The first exhibit utilizes a ratio of the average of the ratios for commercial square
feet and residential dwelling units (the same ratio used for indirect costs by Mr. Johnson).
Based on the projection of build-out, this ratio begins in 2004 at 14.44% and increases to
38.82% in 2013.
Exhibit 2. The second exhibit utilizes a ratio of Village calls for service to total Town calls for
service. This is the same methodology used by Mr. Johnson. However, staff has used what
we believe is a more realistic percentage for 2004 than that used by Mr. Johnson. The
percentage that staff used is based on a weighted average of calls based on the actual dates that
Buffalo Ridge, Home Depot, and Super Wal-mart came on-line. Mr. Johnson used only the
actual data for the year with no acknowledgement of the fact that these calls did not represent
an entire year. This ratio used by staff begins in 2004 at 7.26% and increases to 24.24% in
2013.
Exhibit 3. The final exhibit utilizes a ratio of the average of all three ratios discussed above -
i.e. commercial square feet, residential dwelling units, and actual calls for service. This ratio
begins in 2004 at 12.05% and increases to 33.96% in 2013. Staff believes that this ratio
represents the most accurate portrayal of service calls, and more importantly, the time
involved in responding to calls from an area that will have a final build-out of approximately
1/3 of the Town and will have properties, both residential and commercial, with a wide range
of densities, types of vehicular traffic, and other demographics.
Staff will be prepared Tuesday to discuss these models in more detail and answer any
questions.
Town Manager Comments:
0 Page 2
Attachments:
Exhibits 1, 2 and 3
Memorandum from Police Chief Jeff Layman
10-Year Model from Dean Johnson
• Page 3
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a
MEMORANDUM
To: Scott Wright
From: Jeff Layman
Date: May 18, 2004
Re: Police Patrol Time
C: Larry Brooks
Jacquie Halburnt
The purpose of this memo is to provide some discussion regarding what is synonymously called
"uncommitted", "unassigned" or "patrol" time. All are descriptive in their own way, although I
prefer to use the term "patrol" time.
The workload analysis techniques with which I am familiar are based on the concept that in order
to be effective, police officers must have a minimum amount of patrol time. This allows officers
to engage in preventive patrol, handling calls for service, providing back-up for other officers,
systematic outreach to citizens, guests and merchants, follow-up investigations, problem-solving
activities and directed patrol.
Chief among these activities is providing back-up or secondary police officers to incident
locations where threats to the officer's safety are apparent. According to the International
City/County Management Association, about 15 percent of calls dispatched during the day shift
will require backup, while slightly more than half of those after dark need a secondary officer to
respond. Officers working in a backup capacity on a call in the evening hours must typically stay
longer at the scene than those working an incident during the day. This is due to the fact that
violence and disturbances are more likely during the evening hours. These factors must be
included when considering the allocation of personnel to the various police shifts that must be
covered.
Traditionally, the amount of patrol time has been set at between 25 and 60 percent of an officer's
shift, depending on time of day. The heaviest weighting is at night when back- up is most
prevalent, while the lower patrol percentage occurred during the day.
The newest approaches call for more patrol time (up to 75 percent) during the day shift and about
40 percent at night. This allows for officers to become more involved in community problem
solving than incident driven departments.
Whichever approach is used, the Avon Police Department's patrol time currently hovers at
between 12 and 18 percent, depending on the measure. Prior to the Village at Avon coming on
line, it was somewhat higher.
Currently, we have four officers working during the day shift and seven working at night. If you
used the figures 25 percent for day officers and 60 percent for those working nights, as in the
traditional formula, and calculated a department average, you would come up with 47%. I guess I
would mount an argument that the number we should be looking at in the Traer Creek formula
should be closer to that than the 35 percent currently reflected.
Call if you have any questions. The ICMA information I referred to is found in Local
Government Police Mana e ment, pages 124-26. The book was published last year.
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Acting Director- Community Development
Tambi Katieb, AICP - Senior Plannoc?.
Date May 13, 2004
Re: Follow up to Avon Building Community Discussion
Summary
On May 11, 2004, Council and Community Development staff held a work session meeting with the
local building community. This work session was conducted at the request of the Mayor and Town
Council.
The purpose of this meeting was to receive input on what areas of our design and building process
could be improved. Many positive comments were received by those in attendance, and this memo
summarizes specific areas that were discussed as needing a review for potential revision or
improvement by the Town.
The purpose of this memo is to follow up with the comments received at the worksession. Following
each identified issue is a discussion and outline of the process required to adopt any changes
proposed.
The discussion and potential changes outlined herein are only recommendations from Staff to
Council at this time.
1. Sketch Design Plan Submittal Requirements are too close to Final Design
content.
Discussion: We adopted the new design guidelines in 2001, and the overall intent of the sketch
design being required was to ensure that a project would generally be buildable and supportable by
both the zoning and design review criteria.
In retrospect, the sketch plan intent was really to load the `front end' of a design process with any
identifiable issues or concerns related to both building and site design to the benefit of the builder. In
requiring a higher-level detail, it was estimated that many errors could be avoided by final plan.
While this may be true for multifamily projects or commercial/mixed use projects, it has rarely been
the case for single family and duplex designs. Another effect of our current sketch design process
may be that the focus of a sketch review is overly technical and not design oriented enough to
provide benefit to the designer, builder, and the Planning Commission.
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
An alternative approach that still respects our existing staffing levels and the overall intent of this
design step could include:
¦ Reduce the sketch design plan submittal requirements to include only:
o Stamped Survey (Less than 3 years old)
o Conceptual Site Plan
o Conceptual Elevations
o Conceptual Materials and areas of application
o Allow mechanical or freehand drawings to scale (provided they are legible);
¦ Reduce the amount of copies required for submittal to 2 blue line (full size) copies and seven
11x17 reduced sets;
¦ Reduce the review and reporting requirements, and eliminate a `formal' sketch plan action -
making this step a more informal and design oriented review intended to help the
builder/designer draw final design plans. A short memo to P&Z will describe the highlights
and/or anticipated areas of discussion for an application;
¦ Eliminate the required pre-application meeting with staff, instead encourage this step in
concert with and prior to a final design submittal- the sketch plan review with Planning &
Zoning should serve as sufficient initial direction for the project;
¦ The revised format will require (with no exception) that builder and/or designer is in
attendance for scheduled meetings;
¦ Shorten the review time period to 7 working days (with Sketch submittal due on Friday at
5pm one week prior to the meeting), since no formal action or formal reporting will be
provided, but instead provide the opportunity for feedback to the builder. Therefore, the
limitations of staff and Commission feedback are only based on the limitations or `progress'
of prints submitted by the applicant. The requirement for sketch design submittal, however,
is not eliminated;
• Apply this abbreviated and `design oriented' process to sketch design plan requirements for
all projects. However, larger projects will be advised to anticipate several sketch plan
meetings as their concepts are refined with staff and Commission input.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
2. Number of Reduced Sets required for all Design Review Submittals. Also, reduce
the reporting requirements- they are cumbersome to everyone. Make the process
user friendly.
Discussion: We can reduce the requirements as above for sketch design submittal, however, Staff
would be uncomfortable choosing this approach for final design plan that typically involve a higher
degree of technical review.
At final design, however, we can reduce the number of copies to 3 full size blue line copies and
ten11x17 reduced sets.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
3. Clarification of the Scheduling Requirements / Shortening of the timeframe for
small Residential Projects.
Discussion: It is a fair assessment to say that small residential projects (smaller than multifamily),
despite our new timeline, still average a 2-week review (as before). This being the case, and in
concert with the revised sketch plan process, we would be comfortable putting a schedule together
for all residential projects under multifamily for final design plan review which clarifies a 2-week
submittal period.
However, there should be no exceptions to this rule and incomplete final design submittals should
not be scheduled since they would become an unproductive use of time for everyone.
Likewise, we can clarify that the 21 working day review (which is a shorter submittal schedule than
the Town of Vail by way of comparison), is only intended for multifamily residential or commercial
projects and only for final design applications.
Process: It will be necessary to revise the existing guidelines, which will require a resolution from
Planning & Zoning Commission on the proposed changes and a Resolution from Council affirming
the changes.
4. Engineering guidance should be clarified for Site Plans (grades, retaining walls,
etc.). Clarify what is expected with boulder retaining walls. Give more guidance at
Sketch Plan.
Discussion: At one time, the Town referenced `Steep Slope Development Guidelines' which required
a licensed architect to draw plans for all lots with slopes exceeding 30% slope. Likewise, the
requirements also required that maximum cut/fill slopes not exceed 2:1 gradient, and fill slopes from
3:1 to 5:1 be revegetated with hydro-mulching or erosion control blankets.
The existing guidelines require that all slopes exceeding 2:1 require special documentation and
review. The guidelines can easily be clarified to require a geo-technical report, and daily inspection
by geotechnical professionals if this standard is proposed to be exceeded.
For retaining walls, the Town can provide minimum requirements at sketch design review so there is
no question as to the guidance on what is considered a 'non-structural wall' (consistent with the
Uniform Building Code) and what is considered a `structural wall'. The intent will be to provide this
information and guidance early in the process so the builder can account for the cost of retaining,
particularly on steep slope properties.
Process: Revise the existing guidelines, which will require a resolution from Planning & Zoning
Commission on the proposed changes and a Resolution from Council affirming the changes.
5. Combine the Right of Way permit with the Building Permit. Process is redundant.
Discussion: There will no longer be an additional site plan submittal requirement, and Community
Development will copy the site plan as necessary for the Right of Way permit review. The
applications will be revised to provide a one step application process, and the coordination of
inspections will be reviewed for efficiency.
Process: The building permit and right of way application forms will be revised and consolidated by
Staff (including the submittal requirements).
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
6. Certificate of Occupancy Issuance in winter should not be delayed for exterior or
Right of Way inspections.
Discussion: We can and do accept Right of Way inspections in anticipation of winter season,
provided that the minimum requirements of paving and grading are complete. Final details (like
revegetation of disturbed slopes and drainage) will be conducted by planning and building
inspections when appropriate, and if necessary surety will be retained to ensure compliance. We will
continue to strive to protect the homeowner and community by not issuing a final Certificate of
Occupancy if exterior or final site conditions have not been completed, unless otherwise directed to
do so by Council
Process: No formal revision to guidelines or regulations required.
7. Construction Staging Plans are a waste of time to submit for small residential
projects.
Discussion: Considering the amount of excavation and staging required for many of the remaining
residential lots, we are not comfortable deleting this requirement from the final design application
process. This can be combined with the `Pollution Control Plan' to eliminate an extra page in the
submittal, however, it should still be required (See Topic #15).
Process: A minor revision to the checklist of final design applications is required.
8. Notify the building community with changes to the design guidelines. Get us
involved earlier.
Discussion: We will notify the building community with major changes to the design guidelines and
building code provided they have an `active' contractor license with the Town of Avon. Likewise, the
rest of the development community (including designers) will be notified with increased
advertisement in the local newspaper and email on the Town list serve.
Also, we recommend conducting a semi-annual workshop with the building and design community to
continually keep them update with anticipated code changes.
Process: No change is required to the codes, however, an internal policy will be put in place.
9. Building Height definition is confusing and has been interpreted differently over
the years. Clarify what is expected, and we will meet the regulation with our
designs.
Discussion: The existing building height definition is codified in the Zoning Code as:
"Building height means the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive) at any given point to the top of a flat roof or mansard roof or to the
highest ridgeline of a sloping roof. (Ord 91-10)"
The definition lacks clarity on how height is measure within the building, since both "existing" and
"'finished" grades have been interpreted over the years as occurring either entirely outside of the
building and/or inside the building itself (with "finished" grade being considered the slab elevation).
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
The definition can be clarified by adding a final sentence to the effect of:
"Within the building, height shall be measured vertically from any point on a flat roof, mansard roof,
or highest ridgeline (for sloping roofs) to the existing grade directly below said point."
This clarification achieves the desired 'envelope' and stepping of buildings that is supported by the
existing guidelines, and can effectively clean up the Zoning code so no future interpretation is
confused as the guidelines may be modified.
Process: Revise the Zoning Code with a Resolution from Planning & Zoning Commission to Council,
and the passing of an Ordinance (public hearing) from Town Council. Revise the design guidelines
to follow the new definition and delete the existing diagrams.
10. Transfer tax is a disincentive to residents `upgrading' and staying in the Town.
Discussion: It was mentioned that the transfer tax is a disincentive to residents wanting to 'upgrade'
and continue to stay in Avon. Further, it was suggested that an `exemption' to second time
homebuyers should be available to keep local community members in Town.
Process: The Finance Director will be presenting a brief report to Council that reviews potential
financial implications related to the transfer tax discussion.
11. Why does access to steep lots require a variance? Can this be changed.
Discussion: The Zoning Code has been interpreted to require variances for all 'structures' in the
setbacks. The process appears to 'gain nothing', since many properties were zoned and platted that
clearly and under any design circumstance would require access related structures to occur in the
setbacks. Additionally, the term 'structure' is undefined in the zoning code as it relates to height- it
has been interpreted that structures under four feet in height (namely retaining walls) do not require
a variance.
After further review, it has been determined that access related improvements may have the ability
to no longer require variances from the code, however, the design of such structures will still require
adherence to the Design Guidelines and should still have some 'maximums' in the guidelines so that
the visual portion of retaining walls does not exceed 6 feet. To be clear, any portion of the
building/home will continue to require a variance to exist in the platted setbacks and easements.
Process: An internal shift in policy and regulation interpretation. No change to regulation or
guidelines may be required. Alternately, a change to the zoning code and design guidelines defining
a maximum visible height of structures and how they relate to setbacks can also be implemented,
which would revise the Zoning Code and Design Guidelines with a Resolution from Planning &
Zoning Commission to Council, and the passing of an Ordinance (public hearing) from Town
Council.
12. Incorporation of Wildfire Regulations into Town Code.
Discussion: It was mentioned that the County Wildfire regulations should be used as a model for the
Town and adopted in some manner.
Process: The Town is currently reviewing adoption of the 2003 International Building Code, and may
consider adopting wildfire mitigation measures. However, staff will require additional time to
research where to best insert the appropriate mitigation measures (i.e. design guidelines, zoning
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
code, and building codes) to effectively address all the conditions as they exist in Town. Likewise,
staff is reviewing the extent of wildfire survey work done by Eagle County to establish what degree of
survey work may be required to fully understand the different hazard zones as they exist in the
Town.
13. Staffing should keep up with needs of development community.
Discussion: In 2004, we added one new position (Planner 1) to the department to meet the growing
needs and workloads of planning and development review. No change to staffing levels is
anticipated for 2005, and a decrease in staff levels is not contemplated so service can remains
consistent.
14. Subdivision Improvement Agreements (SIA) approach for utilities need
revised. The SIA approach should use bonds instead of cash. The
subcontractors suffer when they cannot be paid in a timely manner because of
warranty requirements.
Discussion: The Subdivision Improvements Agreement (SIA) and corresponding collateral provisions
in the subdivision regulations of the town were adopted to assure that when a subdivision is platted
and property within the subdivision is offered for sale to the general public that basic services such
as access, water, sewer and other basic utilities will be available to the property. Title 16 of the Avon
Municipal Code specifies acceptable forms of collateral and also the terms for release of collateral.
Typical SIA's approved by Council, such as the ones for The Village (at Avon) Filing 1 and Filing 2
have been somewhat more lenient than provisions in the Code. The SIA's typically allow partial
release of collateral based on verified construction progress and have allowed the substitution of a
Bond to provide security during the warranty period, after the specified public improvements are
complete and accepted by the Town.
In some cases required payments made directly to Utility companies such as Holy Cross or Public
Service Company to guarantee services will be installed have been included in the SIA and
corresponding collateral requirements. These payments should be included in the initial collateral to
assure that the services will be provided but it is not necessary to hold retainage or provide funding
during the warranty period. This would apply only to those utilities that install their own facilities upon
receipt of payment from the developer. This would not apply to utilities such as water and sewer that
are installed by the developer and then conveyed to the utility company following successful
completion of their specified warranty period and acceptance by the utility.
Process: Separate direct payments by developer to utility companies for installation of facilities by
the utility from other public improvement costs. Do not hold retainage on these payments nor make
them subject to warranty period as warranty is provided by utility company installing the facilities.
15. Contractors should not be responsible for culvert maintenance and runoff in
ditches that does not appear to be related to their construction activity.
Discussion: Routine culvert maintenance is a priority of the Town, however, maintenance operates
on a budget and prioritized basis. A specific project site and culvert were mentioned during the
hearing. Staff has reviewed that case and found that regardless of the state of the culvert prior to
construction, sufficient silt fencing and other erosion control means were not properly established
and runoff was clearly filling the Town ditch and filling an existing culvert from the site.
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
The importance of adhering to pollution control plans (and construction staging plans), particularly on
steep slope lots, cannot be overemphasized. Even small residential projects can very quickly
overrun a ditch and culvert, potentially costing the Town increased maintenance and the builder
delays with a project.
Summary:
Community Development appreciates the opportunity to improve and clarify our processes and
requirements for the building and development community. Our overriding mission in all cases is to
be long-term in our thinking and protective of the overall community.
To that extent, we would recommend that Community Development hold a bi-annual meeting with
the development community. This meeting will serve as an open house wherein we can exchange
ideas and discuss regulation and policy matters that may affect development and building in Avorr.
The continued dialogue and exchange of ideas creates a user-friendly process and an open
relationship that can still be protective of Town interests and values.
Staff will be available at your work session should you have any questions.
Town Manager Comments:
ff
Community Development Follow-up to Avon Building Community Worksession
May 25, 2004 Town Council Worksession
Ti. Ah
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manage
From: Scott Wright, Finance Direct
Date: May 20, 2004
Re: RETT Analysis
Summary:
For Tuesday's Council worksession discussion I will have an overhead of my analysis of the
revenue impacts from changing the real estate transfer tax exemptions. This is pursuant to the
issue raised during the discussion with the building community at the last Council
worksession.
Town Manager Comments:
Page 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood Town Engineer
Date: May 19, 2004
Re: East Beaver Creek Blvd. Improvements - Funding by The Village (at Avon)
Summary: The following Schedule is based upon start of construction by May
1, 2005 with completion by August 31, 2005. This schedule will result in completion of the
Project in conformance with the Annexation and Development Agreement (December 31,
2005) as the latest date for completion. This schedule provides very little delay time prior to
the initiation of required activities to meet the required completion date:
Engineering (Final Design Adjustments) June 1- June 30, 2004
Easement Surveys and Descriptions July 1 - July 15, 2004
Easement Appraisals July 16 - August 31, 2004
Easement Negotiations Sept. 1- December 31, 2004
Condemnation Proceedings (If Necessary) Jan. 1 - March 31, 2005
Final Property Acquisitions April 1, 2005
Finalize Bid Documents per Easement Negotiations Feb. 1- Feb. 15, 2005
Advertise for Bids Feb. 24. - Mar. 10, 2005
Pre-Bid Meeting March 17, 2005
Bid Opening March 25, 2005
Award Contract April 12, 2005
Construction May 1 - August 31, 2005
This projected schedule is also consistent with the attached Estimated Project Costs and the
Town's Capital Improvement Budget.
A copy of a letter sent to Mr. Shane Bohart at Traer Creek, LLC requesting confirmation that
the District will reimburse the town for all out-of-pocket expenses incurred in the acquisition
of required rights-of-way and easements is also attached. We did not receive a response to
that letter.
L\Engineering\Avon VillageAI.0 General\l.l Gen Cotr\F- Bvr Ck Blvd Memo-2.13oc
Town Manager Comments:
t
0 Page 2
Memo
To: Shane Bohart
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: June 20, 2003
Re: East Beaver Creek Boulevard Improvements - Estimated Project Costs
Summary: The following East Beaver Creek Boulevard Improvements Project
Cost Estimate is based on the attached April 10, 2000, Construction Cost Estimate prepared by
Inter-Mountain Engineering:
2004 2005 Total
Construction $ ---- $ 888,875 $ 888,875
Engineering (Design)* $ 15,000 $ ---- $ 15,000
Easement (Surveys) $ 10,500 $ ---- $ 10,500
Easement (Appraisals) $ 12,500 $ ---- $ 12,500
Easement (Acquisition) $ 45,000 $ 30,000 $ 75,000
Legal $ 25,000 $ ---- $ 25,000
Contract Administration $ 10,000 $ 50,000 $ 60,000
Testing Services $ ---- $ 10,000 $ 10,000
Contingencies @ 20 % 23,6 00 195,775 219,375
Total Estimated Project Cost $ 141,600 $1 ,174,650 $1 ,316,250
*The Engineering (Design) work is essentially complete and the Town of Avon has paid all
costs to date for this work. The remaining design work is required to make final adjustments
to the design and contract documents to match current site conditions and easement/ right-of-
way negotiations.
Town Manager Comments:
1AEnginea h* CW Bvr Ck BtvdW?nini a \12 BudgdVost Est ono-1.Doc
January 14, 2004
Mr. Shane Bohart
Traer Creek LLC
P.O. Box 640
Vail, CO 81658
Re: The Village (at Avon) - East Beaver Creek Boulevard Improvements
Dear Mr. Bohart:
I understand that some questions have arisen with the regard to the requirement for Traer
Creek Metropolitan District to reconstruct a portion of existing East Beaver Creek
Boulevard. I believe the following excerpts from the First Amendment to Annexation
and Development Agreement dated November 13, 2001, will help clarify this issue:
(n) Section 4.3(b) is amended and restated to read in its entirety as follows:
b) Subject to timely obtaining the necessary rights-of-way and permits, the
District shall cause East Beaver Creek Boulevard to be connected to the western
boundary of the Property and extended through the Property to the Highway 6
Connector Road (the `Bast Beaver Creek Boulevard Improvements"). The Town
will timely obtain and make available to the District all property and rights-of-
way required for the East Beaver Creek Boulevard Improvements and the out-of-
pocket costs incurred by the Town in purchasing or otherwise obtaining such
property and rights-of-way shall be reimbursed by the District. Construction of
the East Beaver Creek Boulevard Improvements shall occur in phases, as set forth
below:
(iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the "Phase 3
Improvements") shall consist of the following improvements to the
segment of East Beaver Creek Boulevard between the western terminus of
Beaver Creek Place and the western boundary of The Village (at Avon):
(A) construction of a two-lane roadway with a third auxiliary lane at
intersections and access points; (B) streetscape improvements to the
segment between the western terminus and the eastern terminus of Beaver
Creek Place, which improvements shall be in general conformance with
the East Beaver Creek Boulevard Streetscape Improvement Plans dated
April 2000, prepared by Inter-Mountain Engineering, Ltd. for the Town of
Avon; and (C) streetscape improvements to the segment between the
eastern terminus of Beaver Creek Place and the western boundary of The
Village (at Avon), which improvements shall be in general conformance
lAEngineering\Avon VillageA1.0 General\l.I Gen CorrAE Bvr Ck Blvd Ltr-I.Doe
January 14, 2004
with the streetscape improvements within Planning Area A. Subject to the
Town's timely issuance of the requisite permits, the District shall
commence the Phase 3 Improvements by April 15, 2005, and shall employ
commercially reasonable efforts to cause completion of the Phase 3
Improvements on or before December 31, 2005; provided, however, that
in the event of an earlier re-subdivision of any area within Planning Areas
A through F, inclusive, within The Village (at Avon) Filing No. 1, the
District shall commence the Phase 3 Improvements by April 15, and shall
employ commercially reasonable efforts to cause completion thereof by
December 31, of the year immediately following the recordation of any
final subdivision plat which re-subdivides any such area.
In order for the Town to meet its obligation to, "timely obtain and make available to the
District all property and rights-of-way required for the East Beaver Creek Boulevard
Improvements" it must begin the acquisition process in the early months of 2004 to
assure they will be available for the start of construction by April 15, 2005.
We are requesting a written conformation from the District verifying that it will
reimburse the Town for all out-of-pocket costs incurred by the Town in purchasing or
otherwise obtaining such property and rights-of-way as stipulated in the Agreement. As
noted in previous correspondence, the estimated cost of this acquisition is $141,600 in
2004 with an additional $30,000 in 2005. A copy of the April 10, 2000, Construction
Cost Estimate prepared by Inter-Mountain Engineering, LLC for the East Beaver Creek
Boulevard Improvement Project is attached for your information.
If you have any questions regarding this matter, please contact me immediately. We
would welcome the opportunity to sit down with you and review the plans, process,
schedule and construction details for this project.
Sincerely,
Norman Wood, P.E.
Town Engineer
cc: Larry Brooks
Dave Kautz
Magnus Lindholm
John Dunn
L\Engineering\Avon VillageAI.0 General\l.I Gen CorrAE Bvr Ck Blvd Ltr-I.Doc 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Developme -
Date: May 25, 2004
Re: Community Development Update
C O L O R A D O
Community Development will be providing you all with a brief update on various projects at your
work session, including:
¦ Geneva Crown Club, project and permit status update (Lot 2, Chateau St. Claire
Subdivision)
¦ Barrancas Project (and Cottonwood staging) update
¦ Comprehensive Plan project status update
¦ Proposed Outdoor Lighting Ordinance
Community Development Update to Council
May 25, 2004 Worksession
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager -?w
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town ngineer
Date: May 19, 2004
Re: Metcalf Drainage Improvements (Nottingham Road to I-70)
Summary:
The purpose of the Metcalf Drainage Improvements Project (Nottingham Road to I-70) is to
redesign existing drainage facilities immediately North of Nottingham Road to 1-70. This redesign
is necessary to maintain storm water capacity recommended by the Master Drainage Study and the
Metcalf Gulch Preliminary Design. The project will include reconstructing a portion of the existing
drainage channel north and south of Nottingham Road, removal and replacement of existing culverts
under Nottingham Road, and construction of new headwall and endwall.
The Metcalf Drainage Improvements (Nottingham Road to I-70) is currently funded by the Water
Fund through the 5-year Capital Improvements Fund Budget. This includes $65,000 in 2004 for
design and right-of-way acquisition and $325,000 in 2005 for construction.
The final design and construction document preparation services were approved at the regular
council meeting on January 27, 2004. During the final design process the design team
recommended minor modifications to the project. These modifications to the design allow the
construction to take place within the existing easements and Rights-of-Way, with the exception of
the CDOT Right-of-Way. Therefore it is unnecessary to acquire additional easements, resulting in a
decrease in preparation time for construction. In addition, several extensive capital improvement
projects such as Nottingham Road and East Beaver Creek Blvd are scheduled for construction in
2005. Therefore, it is recommended to authorize scheduling construction for the Metcalf Drainage
Improvements project for this year.
The proposed construction schedule for the Metcalf Drainage Improvements is recommended to be
revised to include advertising for bids in July, opening and presenting bids to council in August and
commencing construction in early September of 2004.
C:\Documents and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\Memo to Council 052504.doc
Financial Imalications:
The current approved 5-Year Capital Improvements Budget includes $65,000 in 2004 and $325,000
in 2005. The only financial implications include reallocating the construction portion of the budget
from 2005 to 2004. There are no financial implications on the general fund.
Recommendations:
Approve revising the construction schedule for the Metcalf Drainage Improvements (Nottingham to
I-70) from 2005 to 2004.
Town Manager Comments:
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2Uvlemo to Council 052504.doc
TI - I 1 0 J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Date: May 20, 2004
Re: Water Augmentation Requirements for Avon Development
Request to Upper Eagle Regional Water Authority
Summary: Les Botham has been in contact with Tom Williamsen, water engineer
for the Upper Eagle Regional Water Authority with respect to the water augmentation
requirements analysis for the Town of Avon. Tom indicated to Les that he had discussed
Les's analysis with Glen Porzak, water attorney for the Authority and that Glen did not seem
to have any major problems with the analysis. Based upon this feedback, the attached letter to
the Authority was drafted, requesting that the Authority reconsider their previous action
approving the Town of Avon water rights lease for 348.17 acre feet to service a maximum of
3975 SFE's and increase the service to a maximum of 4225 SFE's.
We believe this is the critical first step in developing required water rights for projected future
development in the Town.
If Council concurs with the attached letter, we will forward it to the Upper Eagle Regional
Water Authority with anticipation that it will be considered at their June meeting.
Town Manager Comments:
I:Tngineering\WaterAWater Rights\Aug Credits Memo-I.Doc
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MAY 25, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
Call to Order / Roll Call
2. Citizen Input
a. Avon Special Events Update (Fraidy Aber)
b. Steve Grow, Surface Grading and Drainage Easement for Lot 30, Block 1,
Benchmark at Beaver Creek, Avon, Colorado located at 710 Nottingham Road
3. Ordinances
First Reading and Public Hearing
a. Ordinance No. 04-08, Series of 2004, An Ordinance Amending Title 15, Municipal
Code of the Town of Avon, as it Relates to Outdoor Lighting Standards. (iambi
Katieb) - Council Identified the need for increased outdoor lighting regulations at an
earlier meeting, and this proposed ordinance will address the issues of lighting
because of the significant growth and building activity the Town has and continues to
experience.
4. Resolutions
a. Resolution No. 04-17, Series of 2004, A Resolution approving Final Plat and
Subdivision Improvements Agreement for The Village (at Avon), Filing 3, Town of
Avon, Eagle County, Colorado (Norm Wood) - Traer Creek-RP LLC submitted a
Final Plat & related Subdivision Improvements Agreement for The Village (at Avon),
Filing 3, and the area includes all or portions of the PUD Planning areas OS-5, N, G,
and RMF-1.
b. Resolution No. 04-18, Series of 2004, A Resolution approving a Partial Release of
Security Funds held for Retainage on work completed in The Village (at Avon), Filing
1, on Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement (Norm Wood) - Traer Creek Metro District has requested
approval for partial release of funds reserved by the District as security to assure
completion of the public improvements being constructed in conformance to the SIA.
6. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
Avon Council Meeting. 04.05.25
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MAY 25, 2004 - 5:30 PM
Page 2
11. Consent Agenda
a. Approval of the May 11, 2004 Regular Council Meeting Minutes
b. Resolution No. 04-16, Resolution for Resubdivision of Lot 17, Block 4, Wildridge,
(Norm Wood)
c. Nottingham Road Improvements (1-70 to Buck Creek Road) Inter-Mountain
Engineering, Ltd. (Norm Wood) - Construction Document and Easement Description
Proposal for Services
d. Parking Agreement with Eagle County Regional Transportation Authority (Bob Reed)
12. Adjournment
Avon Council Meeting. 04.05.25
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
,;V?
From: Tambi Katieb, AICP, Community Developmen
Matt Pielsticker, Community Developmel'
Date: May 19, 2004
C O L O R A D O
Re: First Reading of Ordinance 04-08, recommending approval of Chapter 15.30
"Outdoor Lighting Ordinance" of the Avon Municipal Code - PUBLIC HEARING
Summary
The Town Council identified the need for increased outdoor lighting regulations at a meeting
earlier this year. Staff was directed to investigate and propose a solution to this issue
because of the significant growth and building activity the Town has and continues to
experience.
After several months of consideration, public hearings (including a night-time tour of existing
outdoor lighting), and revisions of draft formats and regulatory language, the Planning and
Zoning Commission approved Resolution 04-14 at their May 18"', 2004 meeting,
recommending approval of Chapter 15.30 "Outdoor Lighting Ordinance" to the Council.
At the two previous Planning and Zoning Commission meetings a complete draft Lighting
Ordinance was reviewed and comments were received by Community Development Staff
for additional alterations. The Ordinance for your review tonight is in response to
discussions and Public Hearings over the last few months, as well as a nighttime tour with
members of the public.
In summary, there are significant points to the ordinance that should be carefully considered
by Council prior to adoption, and these include:
¦ Applicability. All outdoor lighting in Town must comply with the ordinance within 3
years from adoption. There is no staggering between residential and commercial (or
mixed use) properties. Additionally, the ordinance will apply to all properties within
Town boundaries irrespective of the design review function of the Town.
¦ Curfew. All commercial outdoor sign lighting and lighting not used for security or
safety purposes shall be turned off by 11:00 p.m. or no later than one hour past the
posted closing hours of a business.
¦ Temporary Event Lighting. Event lighting and temporary high intensity floodlighting
may be used provided that the lighting be turned off no later than one hour after the
Memo to Town Council, May 25, 2004 Page 1 of 3
Outdoor Lighting Ordinance, First Reading of Ordinance 04-08 (PUBLIC HEARING)
event is concluded. Temporary lights do not have to be equipped with shielding
devices or glare packages.
Permanent Sports Lighting. A section was added for permanent sports lighting and
requires glare control packages.
Lighting Plans. Multifamily Projects (less than 3 units) continue only submit a lighting
cut sheet to the Town to determine compliance. All other projects must submit a
lighting plan per the regulation.
¦ Outdoor Lighting "Users Guide". Town staff have prepared a draft guide to assist the
public and business community in selecting conforming light fixtures in an effort to
make the regulation and process as user friendly as possible.
Even though it has been publicly noticed several times and reported in the local paper on
occasion, only a few members of the public have attended or submitted public input on the
proposed lighting regulations.
This is unfortunate due to the fact that this Ordinance will affect a large majority of property
owners in the Town. Multiple Commission members stressed the need for additional public
input and additional press coverage prior to adoption of this Ordinance and hearings with
the Council.
Discussion:
Staff recommends that you hold public hearing on first reading and discuss the merits and
pros and cons of the ordinance as proposed, directing staff to make changes as desired.
You will hold at least one other public hearing on second and final reading.
The Planning & Zoning Commission proposed a consolidated sunset of existing non-
conforming fixtures of only 3 years from the date of adoption. Likewise, they also proposed
to add a `variance' provision. On these two points of business, staff would recommend a
longer sunset period and the deletion of the variance provision.
We are concerned that providing a variance provision in the document would cause larger
projects to immediately seek relief on the basis of financial hardship, and when combined
with the suggested 3 year sunset, this may create an undesirable effect and unintended
reaction to these regulations.
Instead, staff would propose the Council discuss extending the sunset provision and
applying only the appeal provision rather than adopting the variance provision as proposed.
Likewise, your discussion may engage the public and business community more so than
was experienced at the Commission meetings.
Memo to Town Council, May 25, 2004 Page 2 of 3
Outdoor Lighting Ordinance, First Reading of Ordinance 04-08 (PUBLIC HEARING)
Available actions:
1. Hold the public hearing on First reading, and adopt Ordinance 04-08 approving Chapter
15.30 "Outdoor Lighting Ordinance."
2. Hold the public hearing on First Reading, and deny Ordinance 04-08.
Recommended Motion:
" I move to approve Ordinance 04-08, approving the "Outdoor Lighting Ordinance", on first
reading"
Manager Comments:
Attachments:
A- Ordinance 04-08 adopting Chapter 15.30 in the Avon Municipal Code
B- Planning & Zoning Resolution 04-14 (and packet from May 18, 2004 P&Z meeting)
Memo to Town Council, May 25, 2004 Page 3 of 3
Outdoor Lighting Ordinance, First Reading of Ordinance 04-08 (PUBLIC HEARING)
ORDINANCE NO. 04-08
AN ORDINANCE AMENDING TITLE 15, MUNICIPAL CODE
OF THE TOWN OF AVON, AS IT RELATES TO OUTDOOR
LIGHTING STANDARDS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Title 15, Avon Municipal Code, is amended by the
addition of a new Chapter 15.30 as follows:
Chapter 15.30
OUTDOOR LIGHTING ORDINANCE
Sections:
15.30.010 Intent and Purpose
15.30.020 Applicability
15.30.030 Lighting Plan
15.30.040 Violations & Penalty
15.30.050 Variance Provision
15.30.060 Appeals
15.30.070 Definitions
15.30.010 Intent and Purpose. The Town of Avon is experiencing a significant increase in
the use of exterior illumination. Town residents' value small town character and the qualities
associated with this character, including the ability to view the stars against a dark sky. They
recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and
unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary
electricity use.
This Chapter is intended to help maintain the health, safety, and welfare of the residents of Avon
through the regulation of exterior lighting in order to:
A. Promote adequate light for safety and security;
B. Reduce light pollution, light trespass beyond property lines, and offensive light sources;
C. Provide cost effective lighting and to conserve energy;
D. To prevent inappropriate and poorly designed or installed outdoor lighting;
E. To eliminate glare;
F. Eliminate the escalation of nighttime light pollution and to protect and reclaim the ability to
view the night sky.
r
15.30.020 Applicability. The lighting standards of this Chapter shall be applicable to all
exterior lighting within the Town of Avon. All exterior lighting installed after the effective date
of this Chapter shall conform to the standards established by this Chapter.
All existing lighting installed before the effective date of this Chapter shall be brought into
conformance with the Chapter within three (3) years from the date of adoption of this Ordinance,
or by June _, 2007.
15.30.020 General Outdoor Li tingy Standards.
The following lighting standards shall apply to all properties located within municipal
boundaries:
A. The style, color, and design of the fixtures shall be compatible with the overall design
concept and use of materials for the building, site and area of the lighting plan.
B. All lighting shall be shielded such that the source of illumination (bulb) is not visible
from the property line thereby reducing glare and interference with boundary streets
and adjacent properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
C. All sign lighting and lighting not used for safety purposes must be turned off by 11:00
p.m. or no later than one hour past the posted closing hours.
D. All lighting (including, but not limited to street, parking lot, security, walkway and
building) shall conform with the Illuminating Engineering Society of North America
(IES) criteria for full cut-off fixtures with the light source downcast and fully
shielded, with the following exceptions:
1. Holiday lighting from November lst to March 15th. Flashing
lights on residential properties are discouraged and holiday
lights are encouraged to be turned off by 11:00 p.m.
2. Sensor activated luminaries, provided:
a. It is located in such a manner as to prevent glare and
lighting onto properties of others or into the public
right-of-way.
b. The luminaire is set to only go on when activated and to
go off within five minutes after activation has ceased.
c. The luminaire shall not be triggered by activity off the
property.
3. All temporary emergency lighting needed by the Fire and
Police Departments, or other emergency agencies.
4. Floodlights with external shielding shall be angled provided
that no light is directed above a twenty-five (25) degree angle
measure from the vertical line from the center of the light
extended to the ground, and only if the luminaire does not
cause glare or light to shine on adjacent property or public
rights-of-way.
5. Uplighting for flags provided the luminaire is located, aimed,
and shielded so that direct illumination is focused exclusively
on the flag and away from adjoining properties and the public
street right-of-way.
6. Luminaires that have a maximum output of one thousand
lumens per fixture, regardless of number of lamps (equal to one
sixty [60] watt incandescent light), may be partially shielded
provided the bulb is not visible, and the luminaire has an
opaque top or is under an opaque structure utilizing frosted,
opalescent, or iridescent glass.
7. Temporary (2 days or less) high intensity discharge
floodlighting may be used for sports lighting and Town
sponsored events provided that the lighting be turned off no
later than one hour after the event is concluded. The fixtures
must be aimed so that their beams are directed and fall within
the primary playing or performance area.
8. All permanent sports and event lighting shall be equipped with
a glare control package (louvers, shields, or similar devices)
and the fixtures must be aimed so that beams are directed and
fall within the primary playing area and light trespass is
minimized.
9. Municipal lighting installed for the benefit of public health,
safety, and welfare including but not limited to traffic control
devices and construction lighting.
15.30.030 Lighting Plan. An outdoor lighting plan shall accompany all design and building
permit applications (except single family and duplex applications) shall be submitted separately
from other drawing information. All lighting plans shall be subject to approval through the
design review process by the Planning and Zoning Commission. A user's guide with examples
of compliant light fixtures is available in the Community Development office.
Those projects not requiring design review by the Town shall be required to submit a lighting
plan that conforms to the standards outlined herein at the time of building permit for new
construction. The lighting plans and/or specifications shall show:
1. The type and luminous intensity of each light source and wattage (e.g. Incandescent,
halogen, high-pressure sodium);
2. The type of fixture (e.g. floodlight, full-cutoff, lantern, coach light);
3. Fixture location and height above of all proposed and existing light fixtures;
4. Shielding and all mounting details;
Manufacturer cut-sheet and/or specification materials with scaled drawings or
photographs including: initial lumen rating, color rendering index, and wattage of
each lamp;
6. Any other information deemed necessary by the Community Development Inspector
to document compliance with the provisions of this Chapter.
15.30.040 Violations & Penalty. It is unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this title. If the Community Development
Inspector finds that any provision of this Chapter is being violated, the Community Development
Inspector shall give notice by certified mail, return receipt requested, of such violation to the
owner and/or to the occupant of such premises, requesting that the violation be abated within
sixty (60) days of the date of mailing of the notice.
If the violation is not abated within the sixty (60) day period, the violator shall be punished by a
fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both
such fine and imprisonment. The Community Development Department staff shall be available
to assist in working with the violator to correct said violation.
15.30.050 Variance Provision. The Planning and Zoning Commission shall have authority
to grant variances from this regulation to prevent or lessen such practical difficulties and
unnecessary physical hardships, inconsistent with the objectives of this Chapter, as would result
from strict or literal interpretation and enforcement.
A. Approval criteria. Before acting on a variance request, the Planning and Zoning Commission
shall consider the following factors:
1. The relationship of the requested variance to existing and potential uses and structures
in the vicinity;
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity;
Such other factors and criteria as the Planning and Zoning Commission deems
applicable to the requested variance.
B. Findings required. The Planning and Zoning Commission shall make the following findings
before granting a variance:
1. That the granting of the variance will not constitute a grand of special privilege
inconsistent with the limitations on other properties in the vicinity;
2. That the variance is warranted for one (1) or more of the following reasons:
a. The strict or literal interpretation and enforcement of the regulation would
result in practical difficulty or unnecessary physical hardship inconsistent with
the objectives of this Chapter,
b. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
vicinity,
c. The strict or literal interpretation and enforcement of the specified regulation
i
would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity.
C. Conditional granting. The granting of a variance may be conditioned on action by the
applicant.
15.30.060 Appeals.
All appeals of this chapter shall be processed in accordance with Title 2, Chapter 16 of the Avon
Municipal Code.
15.30.070 Definitions.
Exterior Lighting. Temporary or permanent lighting that is installed, located or used in such a
manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to
light something outside are considered exterior lighting.
Fixture Height. Vertical distance from the ground directly below the centerline of the fixture to
the lowest direct light emitting part of the fixture.
Full cut-off fixture. A fixture designed and installed where no light is emitted at or above a
horizontal plane running through the lowest point on the fixture as defined by the Illuminating
Engineering Society of North America's (IES) criteria.
Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no light to
escape through the barrier.
Glare. Stray, unshielded light striking the eye that may result in (a) nuisance or annoyance glare
such as light shining into a window; (b) discomfort glare such as bright light causing squinting of
the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into
shadows or (d) reduction of visual performance.
Light Pollution. Any adverse effect of manmade light including, but not limited to, discomfort to
the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction
to the eye, or any manmade light that diminishes the ability to view the night sky.
Light Source. The element of a lighting fixture that is the point of origin of the lumens emitted
by the fixture. Also referred to as `bulb.'
Light Trespass. Light falling on the property of another or the public right-of-way when it is not
required to do so.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 25th day of May, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the day of , 2004, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
q
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of 12004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
\10
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 04-14
SERIES OF 2004
A RESOLUTION RECOMMENDING APPROVAL OF CHAPTER 15.30 "OUTDOOR
LIGHTING ORDINANCE" TO THE TOWN COUNCIL
WHEREAS, Chapter 2.16 of The Avon Municipal Code establishes the purposes of the
Planning & Zoning Commission to assist the Town Council in preserving the natural
beauty of the Town and support the objectives of the existing Design Review Guidelines ;
and
WHEREAS, the Planning & Zoning Commission realize that access to a clear and visible
night sky is a strong value to the community, and that light pollution continues to be a
threat to the clear skies that are a part of the heritage of the Rocky Mountain West; and
WHEREAS, all property in the Town of Avon should comply with the Town goals in the
preservation of the night sky, including those properties that currently emit an excessive
amount of light that has been determined to be a nuisance and detrimental to the policy
objectives stated herein; and
WHEREAS, the Planning and Zoning Commission have reviewed the attached Chapter
15.30 - Outdoor Lighting Ordinance ("Exhibit A"), and held numerous public meetings to
discuss the goals and objectives of the proposed amendment to the Town Code;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council the approval of the Avon Municipal Code
Section 15.30 - Outdoor Lighting Ordinance ("Exhibit A") in order to amend the existing
Avon Municipal Code Section 15 as adopted.
F TIanning & Zoning Commission\Resolutions\2004\Res 04-14 Lighting Ordinance Adoption.doc
ADOPTED THIS 18th DAY OF MAY, 2004
Signed
Date:
Chris Evans, Chair
y
Attest:
r
Date: S J,
Terry Smith, Secretary
F: Tlanning & Zoning Conur ission\Resolutions\2004\Res 04-14 Lighting Ordinance Adoption.doc ?'?-
Memo
To: Planning and Zoning Commission
From: Tambi Katieb, Community Develop e t
Matt Pielsticker, Community Development
Date May 13, 2004
Re: Proposed Lighting Ordinance - Resolution No. 04-14
®u 4111 ?I! '?I
pp- N ?_
AVO N
C O L O R A D O
Summary
At your May 4"', 2004 Planning and Zoning Commission meeting we reviewed a final
draft lighting ordinance. This draft was in response to numerous discussions we
have had over the last several months, as well as a nighttime tour with members of
the public.
In response to the feedback received over the course of these meetings, as well as
at your last meeting, we are forwarding for your approval a revised ordinance that
has been amended as follows:
¦ Applicability. All outdoor lighting in Town must comply with the ordinance
within 3 years from adoption. There is no staggering between residential and
commercial (or mixed use) properties.
¦ Curfew. All commercial sign lighting and lighting not used for security or
safety purposes shall be turned off by 11:00 p.m. or no later than one hour
past the posted closing hours of a business.
¦ Temporary Event Lighting. Event lighting and temporary high intensity
floodlighting may be used provided that the lighting be turned off no later than
one hour after the event is concluded. Temporary lights do not have to be
equipped with shielding devices or glare packages.
¦ Permanent Sports Lighting. A section was added for permanent sports
lighting and requires glare control packages.
¦ Lighting Plans. Multifamily Projects (less than 3 units) must only submit a
lighting cut sheet to the Town to determine compliance. All other projects
must submit a lighting plan per the regulation.
Recommendation
Attached for your review is a complete Lighting Ordinance and draft "Users Guide".
Staff is recommending approval of Resolution No. 04-14, forwarding the proposed
ordinance to Town Council for final adoption.
Outdoor Lighting Ordinance (Chapter 15.30 Avon Town Code)
Resolution 0414, Recommending Adoption to Town Council May 18, 2004
Page 1 of 2
\b
Recommended Motion
"I move to approve Resolution 04-14, recommending to Town Council the adoption
of Chapter 15.30 "Outdoor Lighting Ordinance" formally amending the Town Code"
Exhibits
A. Resolution 04-14.
B. Proposed Outdoor Lighting Ordinance, Chapter 15.30 (Exhibit "A" to Resolution
04-14.
C. Draft "Town of Avon Lighting Ordinance User's Guide"
Outdoor Lighting Ordinance (Chapter 15.30 Avon Town Code)
Resolution 04-14, Recommending Adoption to Town Council May 18, 2004 Page 2 of 2
Exhibit "A" to Resolution 04-14
Chapter 15.30
OUTDOOR LIGHTING ORDINANCE
Sections:
15.30.010 Intent and Purpose
15.30.020 Applicability
15.30.030 Lighting Plan
15.30.040 Violations
15.30.080 Definitions
15.30.010 Intent and Purpose. The Town of Avon is experiencing a significant
increase in the use of exterior illumination. Town residents' value small town character
and the qualities associated with this character, including the ability to view the stars
against a dark sky. They recognize that inappropriate and poorly designed or installed
outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the
nighttime sky, and results in unnecessary electricity use.
This Chapter is intended to help maintain the health, safety, and welfare of the residents
of Avon through the regulation of exterior lighting in order to:
A. Promote adequate light for safety and security;
B. Reduce light pollution, light trespass beyond property lines, and offensive light
sources;
C. Provide cost effective lighting and to conserve energy;
D. To prevent inappropriate and poorly designed or installed outdoor lighting;
E. To eliminate glare;
F. Eliminate the escalation of nighttime light pollution and to protect and reclaim the
ability to view the night sky.
15.30.020 Applicability. The lighting standards of this Chapter shall be applicable
to all exterior lighting within the Town of Avon. All exterior lighting installed after the
effective date of this Chapter shall conform to the standards established by this Chapter.
All existing lighting installed before the effective date of this Chapter shall be brought
into conformance with the Chapter within three (3) years from the date of adoption of this
Ordinance, or by June _, 2007.
15.30.020 General Outdoor Lighting Standards.
The following lighting standards shall apply to all properties located within municipal
boundaries:
A. The style, color, and design of the fixtures shall be compatible with the overall design
concept and use of materials for the building, site and area of the lighting plan.
B. All lighting shall be shielded such that the source of illumination (bulb) is not visible
from the property line thereby reducing glare and interference with boundary streets
and adjacent properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
C. All commercial sign lighting and lighting not used for safety purposes (including
interior lights) must be turned off by 11:00 p.m. or no later than one hour past the
posted closing hours.
D. All lighting (including, but not limited to street, parking lot, security, walkway and
building) shall conform with the Illuminating Engineering Society of North America
(IES) criteria for full cut-off fixtures with the light source downcast and fully
shielded, with the following exceptions:
1. Holiday lighting from November 1st to March 15`h. Flashing lights on
residential properties are discouraged and holiday lights are encouraged to be
turned off by 11:00 p.m.
2. Sensor activated luminaries, provided:
a. It is located in such a manner as to prevent glare and lighting onto
properties of others or into the public right-of-way.
b. The luminaire is set to only go on when activated and to go off within
five minutes after activation has ceased.
c. The luminaire shall not be triggered by activity off the property.
3. All temporary emergency lighting needed by the Fire and Police Departments,
or other emergency agencies.
4. Floodlights with external shielding shall be angled provided that no light is
directed above a twenty-five (25) degree angle measure from the vertical line
from the center of the light extended to the ground, and only if the luminaire
does not cause glare or light to shine on adjacent property or public rights-of-
way. (See Figure 2)
5. Uplighting for flags provided the luminaire is located, aimed, and shielded so
that direct illumination is focused exclusively on the flag and away from
adjoining properties and the public street right-of-way.
6. Luminaires that have a maximum output of one thousand lumens per fixture,
regardless of number of lamps (equal to one sixty [60] watt incandescent
light), may be partially shielded provided the bulb is not visible, and the
luminaire has an opaque top or is under an opaque structure utilizing frosted,
opalescent, or iridescent glass. (See Figure 3)
7. Temporary (2 days or less) high intensity discharge floodlighting may be used
for sports lighting and Town sponsored events provided that the lighting be
turned off no later than one hour after the event is concluded. The fixtures
must be aimed so that their beams are directed and fall within the primary
playing or performance area.
8. All permanent sports lighting shall be equipped with a glare control package
(louvers, shields, or similar devices) and the fixtures must be aimed so that
beams are directed and fall within the primary playing area and light trespass
is minimized.
9. Municipal lighting installed for the benefit of public health, safety, and
welfare including but not limited to traffic control devices and construction
lighting.
15.30.030 Lighting Plan. An outdoor lighting plan shall accompany all design and
building permit applications (except single family and duplex applications) shall be
submitted separately from other drawing information. All lighting plans shall be subject
to approval through the design review process by the Planning and Zoning Commission.
A user's guide with examples of compliant light fixtures is available in the Community
Development office.
Those projects not requiring design review by the Town shall be required to submit a
lighting plan that conforms to the standards outlined herein at the time of building permit
for new construction. The lighting plans and/or specifications shall show:
1. The type and luminous intensity of each light source and wattage (eg.
Incandescent, halogen, high-pressure sodium);
2. The type of fixture (eg. floodlight, full-cutoff, lantern, coach light);
3. Fixture location and height above of all proposed and existing light fixtures;
4. Shielding and all mounting details;
5. Manufacturer cut-sheet and/or specification materials with scaled drawings or
photographs including: initial lumen rating, color rendering index, and
wattage of each lamp;
6. Any other information deemed necessary by the Community Development
Inspector to document compliance with the provisions of this Chapter.
15.30.040 Violations. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this title. If the Community Development
Inspector finds that any provision of this Chapter is being violated, the Community
Development Inspector shall give notice by certified mail, return receipt requested, of
such violation to the owner and/or to the occupant of such premises, requesting that the
violation be abated within sixty (60) days of the date of mailing of the notice.
The Community Development Department staff shall be available to assist in working
with the violator to correct said violation. If the violation is not abated within the sixty
(60) day period, the violator shall be punished by a fine of not more than one hundred
dollars for each and every day during which the violation of any provision of this Chapter
is committed, continued, or permitted.
15.30.080 Definitions.
Exterior Lighting. Temporary or permanent lighting that is installed, located or used in
such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are
intended to light something outside are considered exterior lighting.
Fixture Height. Vertical distance from the ground directly below the centerline of the
fixture to the lowest direct light emitting part of the fixture.
Full cut-off fixture. A fixture designed and installed where no light is emitted at or above
a horizontal plane running through the lowest point on the fixture as defined by the
Illuminating Engineering Society of North America's (IES) criteria.
Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no
light to escape through the barrier.
Glare. Stray, unshielded light striking the eye that may result in (a) nuisance or
annoyance glare such as light shining into a window; (b) discomfort glare such as bright
light causing squinting of the eyes; (c) disabling glare such as bright light reducing the
ability of the eyes to see into shadows or (d) reduction of visual performance.
Light Pollution. Any adverse effect of manmade light including, but not limited to,
discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the
uncomfortable distraction to the eye, or any manmade light that diminishes the ability to
view the night sky.
Light Source. The element of a lighting fixture that is the point of origin of the lumens
emitted by the fixture. Also referred to as `bulb.'
Light Trespass. Light falling on the property of another or the public right-of-way when
it is not required to do so.
Figure 1
What is a True Full Cutoff Outdoor Lighting Fixture?
Yes
fi.
Yes ?
Flat glass lens, eliminates or minunizes direct glare, no upward throw of light. The housing for
these fixtures are available in many styles.
Yes NO
Same fixture as above mounted incorrectly - defeating the horizontal mounting design. The fixture
now produces direct Blare. and can also produce uolieht at steeper mountine aneles.
No--TL--!!
Known as just "Cutoff' Center "drop" or "sag" lens with or without exposed bulb, produces direct glare.
?a
'1 `
? r
rr
2s
Figure 3
00 ?
I 0*
0, r
r
ftft oft
1-Q
VONTown of Avon Lighting Ordinance User's Guide
C O L O R A D O
In June of 2004 the Town of Avon passed a Lighting Ordinance that
applies to all exterior lighting in the Town. The goal of the Ordinance
is to promote adequate light for safety and security while reducing
light pollution and glare experienced from poorly designed and
installed light fixtures.
All outdoor light fixtures must comply with the Ordinance by June of
2007. This includes the replacement of existing outdoor fixtures that
do not comply with the requirements.
Nearly all manufacturers have products that comply and products that
are non-compliant in regards to light pollution. This guide will be
updated periodically in order to offer a variety of compliant light
fixtures to the residents and businesses of Avon.
The following light fixtures are considered 'full-cutoff" and compliant
with Avon's Lighting Ordinance.
mounted with light bulb fully recessed
_c N
Compliant "Full Cutoff" fixtures (cont'd)
canister
Fixtures that have a maximum output of 1,000 lumens (equal to one
[60] watt incandescent light), may be partially shielded provided the
bulb is not visible, and the luminaire has an opaque top or is under an
opaque structure utilizing frosted, opalescent, or iridescent glass.
The following light fixtures are "partially shielded" and would comply
with the Ordinance only with a bulb output of less than 1,000 lumens.
1?,
The following examples are compliant with the Ordinance and may be
used for commercial, security or parking lot lighting.
FuM cutoff parking
Vag pads' with more aide spread
w
Fully recessed canopy Mure
.Sc
a
Floodlights
With external shielding, floodlights are permitted in Town provided
that no light is directed above a twenty-five (25) degree angle and
only if the fixture does not cause glare or light to shine on adjacent
properties or public rights-of-way. (See Figure 2)
t
Wall mounted Hood i& w*h aocWtable ankle
The following light fixture examples DO NOT comply with the Town
Lighting Ordinance:
W
Globes" NOT 'partleNy sh/ekWee
mass
No t
fighting)
Prior to the retrofitting of any current non-compliant light fixtures, it is
highly recommended that contact be made with the Community
Development Department. A lighting cut sheet is required in order to
determine if conformity with the Ordinance is possible.
This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. R is simply a guide to
illustrate that there are a number of styles of lighting that are compliant with Avon's Lighting Ordinance.
Sources kiclude: www.darksky.oroxtures/res.htmi, www.homedepot.com, www.seaguillighting.com,
www.kichler.com/kichlercatalog.jsp, www.regentlighting.com
mpeq aimed high output M
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Date: May 20, 2004
Re: The Village (at Avon) Filing 3 - Final Plat and Subdivision Improvements
Agreement / Resolution No. 04-17, Series of 2004
Summary: Traer Creek-RP LLC has submitted a Final Plat and related
Subdivision Improvements Agreement (SIA) for The Village (at Avon) Filing 3. This is a
subdivision of a parcel of land located in the Southeast %4 of Section 7 and in the West %2
of the Southwest %4 of Section 8, Township 5 South, Range 81 West of the 6th Principal
Meridian in the Town of Avon, Eagle County, Colorado. This area includes all or
portions of the P.U.D. Planning areas OS-5, N, G and RMF-l. The submittal includes
construction plans for the extension of Swift Gulch Road and corresponding Bike Path
from Buffalo Ridge (Filing 2) to Post Boulevard north of the new I-70 Interchange.
Traer Creek Metropolitan District will be a party to the SIA in addition to Traer Creek-RP
LLC. The Final Plat is in conformance with the Preliminary Plan that was previously
approved by Resolution No. 04-15, Series of 2004. The Subdivision Improvements
Agreement provides for construction of the public improvements required to serve the
proposed subdivision and for the provision of securities to assure completion of the
improvements. The SIA also establishes guidelines for quality control, release of
securities as construction is completed and establishes the warranty period for the
completed improvements.
The public improvements generally consisting of streets, roads, water, sewer and storm
drainage facilities will be constructed by Traer Creek Metropolitan District. The security
for the completion of these improvements will be in the form of a District Fund in an
amount equal to the cost of the improvements estimated at $3,324,003 and established
solely for this purpose. This fund will be established by a "Resolution of Traer Creek
Metropolitan District Regarding Appropriation of Funds Under Subdivision
Improvements Agreement" (Exhibit C) to the Subdivision Improvements Agreement.
L\Fngineering\Avon VillageA4.0 Filing 3\4.5 Final Plat\4.5.2 Permits & Approvals\Res 04-17 Approval Memo.Doc I
The proposed Final Plat and SIA are in conformance with the Annexation and
Development Agreement, The Village (at Avon) P.U.D. Guide and P.U.D. Development
Plan as Amended and has no effect on existing zoning. Approval of this Final Plat and
SIA is recommended.
Recommendations: Approve Resolution No. 04-17, Series of 2004, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 04-17, Series of 2004, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
1:AEngineering\Avon VillageA4.0 Filing 3\4.5 Final Plat\4.5.2 Permits &Approvals\Res 04-17 Approval Memo.Doc 2
TOWN OF AVON
RESOLUTION NO. 04-17
Series of 2004
A RESOLUTION APPROVING FINAL PLAT AND
SUBDIVISION IMPROVEMENTS AGREEMENT FOR
THE VILLAGE (at Avon) FILING 3, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek-RP LLC, the owner of the applicable portion of The
Village (at Avon) has filed a Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado for approval in
accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, on April 27, 2004, the Town held a public hearing at which it
received evidence and testimony concerning the Preliminary Plan for The Village (at
Avon) Filing 3, at the conclusion of which the Town Council considered such evidence
and testimony and approved the Preliminary Plan by adoption of Resolution 04-15; and
WHEREAS, the Final Plat is in general conformance with the Preliminary Plan as
approved by Resolution No. 04-15; and
WHEREAS, the Final Plat is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, the Final Plat is subject to the terms and conditions of the P.U.D.
Guide and P.U.D. Development/ Sketch Plan dated October 13, 1998 and any
amendments or modifications thereto; and
WHEREAS, the attached Subdivision Improvements Agreement provides for the
construction of the public improvements required for development of The Village (at
Avon) Filing 3 Subdivision and the securities to assure completion of the public
improvements as required by Section 16.24.100 of the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3 is
in general conformance with the Preliminary Plan as approved by Town of Avon
Resolution No. 04-15 and other applicable development laws, regulations and policies of
the Town of Avon and hereby approves the same subject to completion of technical
corrections as identified by Town Staff and the submission to and acceptance by, the
Town of Avon, of the following items prior to recording of the Final Plat and Subdivision
Improvements Agreement:
1:AEngineering\Avon VillageA4.0 Filing 3\4.5 Final Plat\4.5.2 Permits & ApprovalsTes 04-17 Approval.Doc
5
A. Copy of "Resolution of Traer Creek Metropolitan District Regarding Appropriation
of Funds Under Subdivision Improvements Agreement" as duly adopted and executed
by District Board of Directors (Subdivision Improvements Agreement Exhibit C); and
B. Construction plans, specifications and related documents for construction of
public improvements as identified in Subdivision Improvements Agreement Exhibits A
and B as amended to address technical corrections identified by Town Staff; and
C. Addition of drainage easements and stream setbacks to Final Plat, in accordance
with Town of Avon Subdivision Regulations.
ADOPTED THIS DAY OF MAY, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny,
Town Clerk
L\Engineering\Avon VillageA4.0 Filing 3\4.5 Final Plat\4.5.2 Permits & Approvals\Res 04-17 Approval.Doc 2
1A
SUBDIVISION IMPROVEMENTS AGREEMENT
THE VILLAGE (AT AVON) FILING 3
THIS AGREEMENT, made and entered into this - day of 12004,
is by and among Traer Creek-RP LLC, a Colorado limited liability company ("Subdivider"),
Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the
State of Colorado (the "District"), and the Town of Avon, a Colorado municipality, by and
through its Council (the "Town").
RECITALS
WHEREAS, Subdivider and the District, in connection with the approval of the final plat
for The Village (at Avon) Filing 3, consisting of 108.720 acres in the SE '/4 of Section 7 and in
the W '/z of the SW 1/4 of Section 8, T. 5 S., R. 81 W. , of the 6th P.M., Town of Avon, Eagle
County, Colorado (the "Subdivision"), desire to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as
amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for
completion of certain public improvements (the "Improvements") set forth in Exhibit A attached
hereto and incorporated herein by reference; and
WHEREAS, the District is responsible for the performance and completion of the
Improvements.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants, conditions
and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all other
conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat
of The Village (at Avon) Filing 3 shall be promptly filed for record with the Office of the Eagle
County Clerk and Recorder.
2. Completion of Work.
(a) Performance. District agrees to furnish all equipment, labor and material
necessary to perform and complete, in a good and workmanlike manner, all improvements and
work incidental thereto as set forth in Exhibit A. District further agrees that it shall be solely
responsible for all costs related to the performance and completion of the Improvements as set
16680/Traer
May 20, 2004
6
forth on Exhibit B. All said work shall be performed in accordance with the construction plans
and specifications as submitted to and approved by the Town prior to commencement of
construction of Improvements. All Improvements shall be completed within one (1) year of the
date of the Town's approval of the Final Plat for the Subdivision, subject to extensions for force
majeure events as defined in Section 13 below.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the Town
and shall not be deemed complete until the reasonable approval and acceptance of the
Improvements by the Town. The Town will forward copies of all observation reports to the
District, Subdivider and the District's engineers (who shall be registered in the State of
Colorado) responsible for providing the opinion required by Section 7 hereof.
(2) Designation of Inspectors. Prior to commencement of construction
work on the Improvements, the Town will designate the individuals or independent third parties
employed by the Town who are authorized to inspect the construction of the Improvements.
Such inspections by the Town shall not relieve the District or its agents from any responsibility
or obligation to assure that all work is completed in conformance with standards, plans and
specifications as submitted to and previously approved by the Town.
(3) Cost of Inspections. The cost of such inspections, whether by
Town employees or an independent third party inspector, shall be paid by the District, subject to
the limitations set forth in paragraph 8 below.
(4) Notice of Non-Compliance. In the event that the Town, through
the inspectors, reasonably determines that the Improvements are not in compliance with the pre-
approved construction plans and specifications, or that additional observation or testing by the
project engineer is necessary to assure compliance, it shall give written notice of such non-
compliance, or additional observation or testing requests, to District's engineers, Subdivider and
the District ("Notice of Non-Compliance"). The Notice of Non-Compliance shall include a
narrative describing the unsatisfactory construction work with specific reference to the applicable
construction plans and specifications. The Notice of Non-Compliance must be provided to
District's engineers, Subdivider and the District within two (2) working days of the date of the
observation.
Securily for Completion of Improvements.
(a) Securi . To secure completion of the Improvements, the District hereby
agrees to secure its obligations under this Agreement with Collateral in accordance with Section
16.24.100 of the Code. Collateral shall be one or a combination of the following: cash or its
2
] 6680/Traer May 20, 2004
V
equivalent; securities of acceptable value; letter of credit; bond for warranty period only; and
land of acceptable value by deed of trust.
(b) Substitution of Security. The District may substitute another form of
collateral acceptable to the Town in place of the forms of security set forth below in order to
guaranty the faithful completion of the Improvements and the performance of the terms of this
Agreement.
4. District's Obligations Concerning Improvements.
(a) Funding Resolution. The District has adopted a resolution (the "Funding
Resolution") attached hereto as Exhibit C authorizing the District's execution of this Agreement
and providing for the appropriation, segregation and use of funds in an amount sufficient to
guarantee the construction of the Improvements set forth on Exhibit A. The estimated costs of
completion of the Improvements are set forth on Exhibit B attached hereto and incorporated
herein by reference.
The Funding Resolution specifically provides that all funds referenced therein are
unencumbered and free from claims of others such that, if necessary, any requests for payment
approved by the Town may be promptly honored. As a condition to recordation of the Final Plat,
the District shall provide the Town Engineer with evidence that such funds have been
appropriated and segregated in a separate account (the "Security Account") and identified for use
in connection with this Agreement. The District shall renew the Funding Resolution at the
beginning of each subsequent calendar year until all Improvements have received final
acceptance or until the District provides substitute collateral acceptable to the Town.
(b) Progress Payments on Improvements. The District may make progress
payments to its contractors from the Security Account on a monthly basis upon the partial
completion of itemized improvements which have been set forth on Exhibit A and upon fifteen
(15) day's prior written notice including an itemized statement of the District to the Town. The
District shall retain ten percent (10%) of the amount of each payment until final completion and
acceptance of all work covered by each construction contract; provided however, when the value
of work completed has progressed to fifty percent (50%) of the contract amount, the District shall
not be required to withhold additional retainage for the remainder of the work under such
contract. The (10 %) ten percent retainage of the value of work completed may be reinstated if in
the Town's opinion the lack of progress or other substantial reasons exist. Except for the
foregoing, in no event shall any progress payment cause the remaining sum to be available in the
Security Account for subsequent disbursements to be less than one hundred ten percent (110%)
of the costs to complete all remaining Improvements as estimated at the time of each progress
payment. Upon completion of all work related to the Improvements, the Town's acceptance of
the Improvements and the expiration of the Warranty Period set forth in paragraph 5 below, the
Town shall release any further interest in the Security Account.
16680/Traer May 20, 2004
(c) Default by District. In the event of a default in whole or in part by the
District, the Town shall be authorized to access the funds in the Security Account for the purpose
of undertaking completion or remediation work on the Improvements after providing thirty (30)
days advance notice of default to Subdivider and the District and providing an opportunity during
such period for the District and the Subdivider to cure the default. The Town shall be entitled to
draw on the Security Account by Resolution of the Town Council stating (i) that the District is in
default, and (ii) the funds are required in order to complete or correct work on the Improvements.
District funds identified in the Funding Resolution shall be held, whether by the District or the
Town, in compliance with the requirements of C.R.S. 29-1-803(1) for the purpose of providing
for the completion of the Improvements.
5. Warranty Period. The Improvements shall be warranted to be free from defects in
workmanship or quality for a period of one (1) year after acceptance of all the work by the Town.
In the event of any such defect, the Town may require the District to correct the defect in material
or workmanship. The amounts for completion of all warranty work on the Improvements shall
be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred
and ten percent (110%) of the cost of such corrective work to be held by the Town during such
one (1) year period, as a guaranty of performance of any work required under the above-
described warranty. In the event any corrective work is performed during the one (1) year
warranty period then the warranty on said corrected work shall be extended for one (1) year from
the date on which it is completed.
6. Condition of Public Dedicated Roadways. The District shall at all times prior to
acceptance of any publicly dedicated roadways within the Subdivision by the Town give good
and adequate warning to the traveling public of each and every known dangerous condition
existent in said roads and shall protect the traveling public from such defective or dangerous
conditions. Until the completion of all the Improvements herein agreed to be constructed, roads
not accepted as improved shall be under the charge and control of the District for purposes of this
Agreement; and the District may close all or a portion of any street or road within the
Subdivision whenever it is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Engineer's Opinion. Upon completion of portions of the Improvements, the
District will cause its engineers (who shall be registered in the State of Colorado) to provide a
written opinion that the installation of the Improvements, or portions thereof as may be
completed from time to time, have been completed in general conformance with standards, plans
and specifications as submitted to and previously approved by the Town. Inspection reports, test
results and other supporting documentation shall be submitted with the opinion. The engineer's
opinion shall also include a statement that the opinion is based on a reasonable review and
investigation of all observation reports by the Town inspectors and that all issues of "Non-
Compliance" and additional observation and testing requests that have been provided to the
4
16680/Truer May 20, 2004
engineer were addressed to their satisfaction prior to the issuance of engineer's opinion.
8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in
full. Additional fees shall be paid to the Town by the District within thirty (30) days after
delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees
will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the
amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such
additional fees exceed five percent (5%) of construction costs.
9. No Obligation of Town to Complete Improvements. Subdivider and the District
agree that in the event the District shall fail to perform its obligations as set forth herein, the
Town shall be under no obligation to complete or perform any of the Improvements. No one,
individually or otherwise, other than the parties hereto, shall acquire, as a result of this
Agreement, any rights, claims or obligations from or against the Town, its agents, employees or
officers. Actions by the Town against the District to enforce any provision of this Agreement
shall be at the sole discretion of the Town. Except in the event the Subdivider completes cure of
the District default and thereby is entitled to require the Town to accept the Improvements, no
third parties (including the Subdivider) shall have any rights to require any action by the Town
pursuant to this Agreement and this Agreement shall not create a liability on the part of or be a
cause of action against the Town, for any personal or property damage that may result to any
third parties (including the Subdivider) from the failure of the District to complete the
Improvements herein specified.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall any
officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage
related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or
employee thereof, be liable for any persons or property injured by reason of the nature of said
work. To the extent permitted by law, the District hereby agrees to indemnify and hold harmless
the Town, and any of its officers, agents and employees against any losses, claims, damages or
liabilities to which the Town or any of its officers, agents or employees may become subject,
because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out
of, or are based upon, any acts or omissions in the performance of the obligations of the District
as hereinbefore stated. Furthermore, the District shall reimburse the Town for any and all legal
or other expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
11. Rights of Town in Event of Default. In the event that the District defaults in
whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days
after having given written notice to Subdivider and the District of such default during which
period of time the Subdivider or the District failed to correct said default, the Town may, at its
sole discretion, proceed with the construction or completion of the Improvements specified on
5
16680/Traer May 20, 2004
Exhibit A. All such costs paid by the Town for such Improvements (or paid by Subdivider if it
chooses, in its sole and exclusive discretion, to cure the District's default), together with all costs
of personnel, equipment and other matters expended by the Town (or Subdivider in the event
Subdivider undertakes a cure of the District's default as aforesaid) in furtherance of the
construction responsibilities of the District, shall be paid by the District. Any such costs relating
to the Improvements, which have not been reimbursed by the District to the Town or Subdivider,
as applicable, shall be a lien on any property in the Subdivision conveyed to the District
contemporaneously with recordation of the final plat of The Village (at Avon) Filing 3. Said lien
may be foreclosed in the same manner as a mortgage and shall entitle the Town or Subdivider, as
applicable, to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town and/or Subdivider may, but shall not be obligated to,
bring a mandatory injunction action against the District to require installation and construction of
the Improvements, if not constructed within the time limits described in this Agreement. If any
such action is brought by the Town and/or Subdivider, the Town or Subdivider, as applicable,
shall be awarded its court costs and reasonable attorneys' fees.
12. Letter Certifying Completion and Final Acceptance of Improvements. When all
Improvements have been completed and accepted by the Town, and the Warranty Period has
expired, the Town agrees that it will issue a letter, in recordable form, certifying that all
obligations of Subdivider and the District under this Agreement have been satisfied.
13. Force Majeure. Whenever a party is required to perform an act under this
Agreement by a certain time, said time shall be deemed extended so as to take into account
events of "Force Majeure." "Force Majeure" is any of the following events that prevents, delays,
retards or hinders a Party's performance of its duties hereunder: act of God; fire; earthquake;
flood; explosion; war; invasion; insurrection; riot; mob violence; sabotage; vandalism; inability
to procure or general shortage of labor, equipment, facilities, materials or supplies in the open
market; failure of transportation; strikes; lockouts; litigation; condemnation; requisition;
governmental, civil, military or naval authorities; or any similar cause not within such party's
control.
14. Amendments. This Agreement may be amended from time to time, provided that
such amendment is in writing and signed by all parties hereto.
15. Covenants Running with the Land. This Agreement and the obligations hereof
shall be deemed to be covenants running with the land and shall be binding on the successors and
assigns of the parties hereto.
16680/Traer
6
May 20, 2004
\0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
TOWN OF AVON, a Colorado
municipal corporation
ATTEST:
By:
Town Clerk Mayor
APPROVED AS TO FORM:
Town Attorney
TRAER CREEK-RP LLC, a Colorado limited
liability company
By: TRAER CREEK LLC, a Colorado limited
liability company, its Manager
By:
Magnus Lindholm, Manager
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation
By:
President
7
16680/Traer May 20, 2004
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
1. Mobilization
H. Roads - Includes Excavation, Embankment, Retaining Walls, Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb, Gutter, Medians, Crosspans, Rec Path & Sidewalks,
Asphalt Paving and Asphalt Rec Path, Guardrail, Pedestrian Rail, Pedestrian Tunnel, Paved
Crosswalks, Signage, Striping and Other Incidental Construction per Approved Plans &
Documents
A. Post Boulevard from Roundabout 5 through Swift Gulch Road Intersection
B. Swift Gulch Road from The Village (at Avon) Filing 2 to Post Boulevard
Intersection
III. Utilities
A. Water
B. Sewer
III. Slope Protection & Erosion Control
A. Rip-Rap
B. Erosion Control Matting
C. Silt Fence, Wattles & Other Temporary Erosion Control Facilities
IV. Storm Drainage
A. Storm Drain Pipes
B. Inlets and Headwalls & Rip-Rap
C. Manholes & End Sections
V. Shallow Utilities
A. Electric
B. Telephone
C. Cable TV
D. Natural Gas
E. Conduit for Other
VI. Street Revegetation & Landscaping
VII. Street Lighting
8
16680/Traer
May 20, 2004
\11/
EXHIBIT B
COST ESTIMATE OF IMPROVEMENTS
THE VILLAGE AT AVON
SWIFT GULCH ROAD AND POST BOULEVARD
ENGINEER'S OPINION OF PROBABLE COSTS
May 13, 2004
ALPINE
ENGINEERING INC
ITE
M
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
1 Mobilization 8% LS 1 $ 262,310.07 $ 262,310.07
310
07
262
Subtotal .
,
$
ROADS
00
000
40
1 Clearing LS 1 $ 40,000.00 .
,
$
00
369
40
2 Topsoil Remove and Stockpile 6" CY 11534 $ 3.50 .
,
$
00
080
15
3 Topsoil Replace 4" CY 3770 $ 4.00 .
,
$
167
50
182
4 Excavation Placed as Embankment CY 72867 $ 2.50 .
,
$
00
164
523
5 Excavation Export and Place in Stockpile CY 54841 $ 3.00 ,
.
$
00
150
686
6 Soil Nail Walls with Block Veneer SF 13723 $ 50.00 .
,
$
00
77
190
7 MSE Walls using Modular Block Units SF 2573 $ 30.00 .
,
$
00
560
34
8 Guardrail LF 1920 $ 18.00 .
,
$
00
4
800
9
10 Guardrail End Anchors
Concrete Curb and Gutter EA
LF 6
2424 $ 800.00
$ 25.00 ,
.
$
$ 60,600.00
11 4' Concrete Pan LF 69 $ 25.00 $ 1,725.00
280
00
20
12 Class 6 ABC 6" depth) TON 1014 $ 20.00 .
,
$
060
00
159
13 Class 6 ABC 12" depth) TON 7953 $ 20.00 .
,
$
00
100
126
14
15 Asphalt 4" thick
Asphalt 9" thick TON
TON 2522
1510 $ 50.00
$ 50.00 .
,
$
$ 75,500.00
95
358
42
16 Precast Tumbled Pavers SF 941.31 $ 45.00 .
,
$
00
600
3
17 18" Cast-in-Place Concrete Band LF 144 $ 25.00 .
,
$
00
750
6
18 Type 2 11 m Mountable Curb and Gutter LF 270 $ 25.00 .
,
$
00
800
19 Type 1 ADA Ram EA 4 $ 200.00 .
$
00
550
33
20 Median Spill. Curb and Gutter LF 1342 $ 25.00 .
,
$
80
258
4
21 Line Striping LF 14196 $ 0.30 .
,
$
500
00
2
22 Signs EA 10 $ 250.00 .
,
$
00
000
6
23 Barricade (Type 3M-a EA 4 $ 1,500.00 .
,
$
00
000
250
24 Pedestrian Tunnel LS 1 $ 250,000.00 .
,
$
00
975
23
25 Pedestrian Rail LF 959 $ 25.00 .
,
$
00
055
41
26 Concrete Rec Path 6" thick 10' wide SY 1173 $ 35.00 .
,
$
340
00
77
27 Asphalt 6" thick Rec Path TON 1289 $ 60.00 .
,
$
00
790
31
28
29 Class 6 ABC 6" thick Rec Path
Chain Link Fence M-607-2 Single Gate TON
EA 1445
2 $ 22.00
$ 2,000.00 .
,
$
$ 4,000.00
16680/Traer
May 20, 2004
l
t
bt 2,216,082.25
o
a
Su
ITE
PTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
M DESCRI
WATER
00
40
00
520
$ 6
1
2 6" DIP
8" DIP
" LF
LF
LF 163
1391
478 .
$
$ 44.00
$ 73.00 .
,
$ 61,204.00
$ 34,894.00
3 DIP
16 00
543 00
172
$ 2
" EA 4 .
$ .
,
4 Gate Valve
6 00
900 00
500
$ 4
l
" EA 5 .
$ .
,
5 ve
Gate Va
8 00
000
2 00
000
$ 4
l
" EA 2 .
,
$ .
,
6 ve
Gate Va
16 00
000 00
000
$ 8
lt
V EA 2 .
$ 4, .
,
7 au
Air Release 00
500
2 00
500
$ 2
Vault
l
R LS 1 .
,
$ .
,
8 ease
e
Relocate Air 00
750
3 00
000
$ 15
9
10 Fire Hydrant Assembly
Water Service Lines 1-1/2" diam. Copper EA
EA 4
1 .
,
$
$ 700.00
00
000
3 .
,
$ 700.00
00
000
$ 3
it
- EA 1 $
.
, .
,
11 Irrigation Meter P 00
490
$ 142
.
,
Subtotal
SLOPE PROTECTION AND EROSION CONTROL 00
500
1 00
500
$ 4
Entrance
ti
t EA 3 .
,
$ .
,
1 on
ruc
Stabilized Cons 00
3 00
595
$ 2
LF 865 .
$ .
,
2 Silt Fence 00
50 00
200
$ 3
inlet/outlet protection) d50=9"
Ra
Ri LF 64 .
$ .
,
3 p
p-
inlet/outlet protection) d50=12"
Ri
Ra LF 16 $ 20.00 $ 320.00
4
5 p
p-
Rip-Rap inlet/outlet rotection d50=18" LF 123 $ 30.00
$ 120
00 $ 3,690.00
$ 240.00
6 Straw Bale Dike ?
EA 2
36 .
$ 250.00
$ 9,000.00
7 Wattle 00
$ 250 250.00
$ 2
ti
t EA 9 . ,
8 on)
ec
Beaver Dam inlet pro $ 300
00 100.00
$ 5
ti
t EA 17 . ,
9 on)
ec
Dandy Bag inlet pro
00
$ 20
$
84
Control Matting 14' wide LandLok 450
i LF 192 .
10
11 on
Eros
Erosion Control Matting 4' wide LandLok 450
LF
2319 .00
$ 10 0.00
$ 23,
$ 57 925.00
Subtotal
DRAINAGE
00
000
2
00
000
$ 2
1 Mountable Curb Inlet EA
EA 1
12 .
,
$
$ 2,500.00 .
,
$ 30,000.00
2 C Inlet 00
500
$ 3 000.00
$ 14
EA 4 .
, ,
3 D Inlet 00
000
$ 3 000.00
$ 3
EA 1 .
, ,
4 2x6 Curb Inlet 00
000
2 00
000
$ 2
5 2x3 Valle Inlet EA
EA 1
5 .
,
$
$ 2,700.00 .
,
$ 13,500.00
6 5' T e R Inlet 00
$ 32 088.00
$ 5
" LF 159 . ,
7 CMP
18 00
$ 35 885.00
$ 24
8 18" RCP
" LF
LF 711
558 .
$ 45.00 ,
$ 25,110.00
9 RCP
21 00
$ 60 260.00
$ 1
10 24" RCP
" LF
LF 21
576 .
$ 45.00 ,
$ 25,920.00
11 CMP
24 00
$ 75 750.00
$ 21
" LF 290 . ,
12 CMP
36 00
$ 205 835.00
$ 17
13 84" CMP
Ri R
" LF
LS 87
1 .
$ 75,000.00 ,
$ 75,000.00
14 a
Headwalls plus
84 00
$ 200 400.00
$ 2
:- "
- EA 12 . ,
l
57 CMP End Sections
i4
16680/Traer
May 20, 2004
X%?
16 36" CMP End Sections EA 2 $ 300.00
0
00 $ 600.00
000
00
$ 4
-
17 ' Diam Storm Drain Manhole
4 EA 2 .
$ 2,00 .
,
348
00
$ 268
btotal
S .
,
u
ITE
ESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
M D
EWER
S 00 00
800
$ 46
" PVC LF 1560 $ 30. .
,
1 8 0 00
200
$ 4
rvices
" PVC S LF 140 $ 30.0 ,
.
2 e
6 000
00
$ 8
ent
E LF 100 $ 80.00 .
,
3 ncasem 0 00
700
$ 6
4 SDR 17 HDPE 100 psi LF 335 $ 20.0 .
,
l
h EA 10 $ 2,400.00 $ 24,000.00
5 e
o
Man 0 00
050
$ 4
Vid LF 1620 $ 2.5 .
,
6 eo
Sewer 750
00
$ 93
l
t
bt .
,
a
o
Su
SHALLOW UTILITIES
00
8
00
520
$ 83
hi LF 4640 .
$ 1 .
,
1 ng
Trenc 70 50
978
$ 7
2 Electric Conduit 6" install only) LF 2955 $ 2.
70 .
,
70
903
$ 44
3 Electric Conduit 4" install only) LF 16631 $ 2. .
,
.
Conduit 4"
h LF 2914 $ 3.75 $ 10,927.50
4 one
Telep 781
80
$ 10
TV Conduit 4"
bl LF 2914 $ 3.70 .
,
5 e
Ca 00 00
700
$ 35
6 Communications 4484-TCA Vault EA 7 $ 5,100.
00
5 .
,
00
825
$ 6
7 Electric UM 35L Splice Vault install only) EA 7 .
$ 97
00 .
,
00
400
$ 14
Walls
ld SF 720 $ 20. .
,
8 er
Bou 00
0 00
400
$ 2
" RCP LF 60 .
$ 4 .
,
9 12 0 90
390
$ 5
10 4" Fiber Optic Conduit LF 1457 $ 3.7
0 .
,
30
782
$ 25
nduit
C
' S LF 9549 $ 2.7 .
,
11 o
are
6 487
70
$ 34
duit
C
" LF 9321 $ 3.70 .
,
12 on
Spare
4 40
097
$ 283
Subtotal
TOTAL .
,
$
3,324,002.72
166801T'raer
May 20, 2004
EXHIBIT C
DISTRICT FUNDING RESOLUTION
16680/Traer
2004
May 20,
\V
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: May 20, 2004
Re: Resolution No. 0418, Series of 2004, A Resolution Approving a Partial Release
of Security Funds Held for Retainage on Work Completed in The Village (at Avon) Filing
1, on Improvements Installed and Constructed in Accordance with the Subdivision
Improvements Agreement.
Summary: Traer Creek Metropolitan District (District) has requested approval
for a partial release of funds reserved by the District as security to assure completion of the
public improvements being constructed in conformance to the Subdivision Improvements
Agreement (SIA). The SIA requires the District reserve funds equal to the required retainage
plus the estimated cost of all remaining improvements. The SIA requires that the retainage be
held by the District until all improvements are complete and accepted by the Town at the
completion of the Warranty Period. The SIA also allows the District to substitute collateral in
the form of a bond to provide the required security only during the Warranty Period.
Resolution 04-18 allows the District to reduce the reserved funds to 110 % of the estimated
cost of all remaining improvements with the provision of collateral satisfactory to the Town to
provide the required security throughout the stipulated warranty period.
A copy of the most recent Application for Payment approved for SEMA Construction, Inc. is
attached along with a copy of the most recent Corrective Issues List with cost estimates to
complete the corrective actions. Completed work, reserved funds, unfinished work, corrective
issues and estimated costs are summarized as follows along with projected funds available for
release with substitution of acceptable collateral to be held through the acceptance and
warranty period. Note this estimate is only for the SEMA Construction, Inc. portion of the
public improvements and does not apply to other contractors providing services to the District.
However, this demonstrates the management practice we would like to make available to the
District to apply to the remainder of The Village (at Avon) Filing 1 public improvement
construction contracts.
1:AEngineenngWvon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 04-18 Partial Release-Memo.Doc
Current Contract Amount
Total Work Complete to Date
Payments Approved to Date
Retainage Held in Reserved Funds
Minimum Warranty Period Collateral (Bond)
to be provided by District prior to release of Retainage
Balance to Finish
Corrective Issues List - Estimated Cost
Total Cost Unfinished Work & Corrective Issues List
Minimum Reserved Funds per SIA 110 % Remaining Work
Current Funds Reserved for Remaining Work & Warranty
Required Reserved Funds with Substitute Warranty Collateral
Funds Available for Release
$ 16,415,708.78
$ 16,031,104.34
$ 15,210,318.90
$ 820,785.44
$ 820,785.44
$ 384,604.44
$ 229,838.00
$ 614,442.44
$ 675,886.68
$ 1,205,389.88
$ 675,886.68
$ 529,503.20
We believe this is in conformance with the SIA and provides adequate security to assure
completion of the public improvements.
Recommendation: We recommend approval of Resolution No. 04-18,
Series of 2004, A Resolution Approving a Partial Release of Security Funds Held for Retainage
on Work Completed in The Village (at Avon) Filing 1, on Improvements Installed and Constructed
in Accordance with the Subdivision Improvements Agreement.
Proposed Motion: I move to approve Resolution No. 04-18, Series of
2004, A Resolution Approving a Partial Release of Security Funds Held for Retainage on Work
Completed in The Village (at Avon) Filing 1, on Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement.
Town Manager Comments:
. Page 2
V
TOWN OF AVON
RESOLUTION NO. 04-18
Series of 2004
A RESOLUTION APPROVING A PARTIAL RELEASE OF SECURITY FUNDS HELD
FOR RETAINAGE ON WORK COMPLETED IN THE VILLAGE (AT AVON) FILING
1, ON IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE
WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
WHEREAS, the Town of Avon (Town), Traer Creek LLC and Traer Creek Metropolitan
District (District) entered into a SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) in
connection with the approval of the Final Plat for The Village (at Avon) Filing 1 Subdivision;
and
WHEREAS, said SIA established certain public improvements to be constructed in conjunction
with said subdivision; and
WHEREAS, said SIA established requirements for the reservation of funds held by District to
assure completion of the improvements and provide for warranty work in accordance with the
SIA; and
WHEREAS, said SIA provides for the release of funds reserved by District, subject to Town
approval, to make partial payments to their contractors as construction of the improvements is
completed, and
WHEREAS, said SIA provides that funds reserved by the District for completion of public
improvements shall be no less than 110% of the estimated cost to complete all remaining
improvements, and
WHEREAS, said SIA provides that funds equal to the minimum retainage (5% of the total
contract amount) will be reserved by District pending completion of all work related to the
improvements, Town's acceptance of the improvements and expiration of the specified Warranty
Period, and
WHEREAS, said SIA provides District may substitute a bond (for District Improvements
warranty period only, and
WHEREAS, District has requested approval to substitute a bond to provide security for the
Warranty Period and to make payments for completed construction work from the funds held as
retainage, allowing a reduction in the reserved funds to 110 % of the estimated cost to complete
all remaining improvements in the scope of the corresponding construction agreement.
I:\EngineeringlAvon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 04-18 Partial
Release.doc
J
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the District, may upon the provision of a substitute security satisfactory to the
Town, in an amount equal to the total retainage stipulated in the Subdivision Improvements
Agreement, reduce funds reserved to meet the obligations of their construction agreement to
110 % of the estimated cost to complete all remaining improvements in the scope of that
construction agreement.
ADOPTED THIS DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny
Town Clerk
I:AEngineering\Avon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 04-18 Partial
Release.doc
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MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 11, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe. Mayor
Pro Tern Mac McDevitt was not present. Also present were Town Manager Larry Brooks, Town
Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny,
Town Engineer Norm Wood, Finance Director Scott Wright, Community Development Director
Ruth Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation
Director Meryl Jacobs as well as members of the press and public.
Ordinances
Finance Director Scott Wright presented on second reading Ordinance No. 04-06, Series of
2004, An Ordinance of the Town of Avon, Eagle County, Colorado, Granting by Franchise to
Public Service Company of Colorado, its affiliates, successors and assigns, the right to use the
Streets within the Town to furnish, sell, transport and distribute gas to the Town and to all
Residents of the town, granting the right to acquire, construct, install, located, maintain, operate
and extend into, within and through the Town all facilities reasonably necessary to furnish, sell,
transport, and distribute gas within and through the Town; and fixing the Terms and conditions
thereof. He noted that this was the ordinance tabled at the last meeting. He explained that this
ordinance would adopt a franchise agreement with Public Service Company of Colorado
("PSCo") and in summary it conveys the right to PSCo to provide public utility service (in this
case natural gas) within the Town of Avon boundaries and allow the use of Town rights-of-way
for the location of utility facilities and equipment, in exchange for the payment of a franchise fee.
He explained that the rights are non-exclusive and the Town reserves the right to make or grant
a similar franchise to any other company. The terms proposed is twenty years and the
franchise fee proposed is equal to three percent (3%) of revenues. Revenues generated by this
fee in 2003 were $47,404. Mayor Reynolds opened the public hearing, no comments were
made and the hearing was closed.
Councilor Wolfe moved to adopt on second reading Ordinance No. 04-06, Series of 2004,
Granting by Franchise to Public Service Company of Colorado, its affiliates, successors and
assigns, the right to use the Streets within the Town to furnish, sell, transport and distribute gas
to the Town and to all Residents of the town, granting the right to acquire, construct, install,
located, maintain, operate and extend into, within and through the Town all facilities reasonably
necessary to furnish, sell, transport, and distribute gas within and through the Town; and fixing
the Terms and conditions thereof. Councilor Sipes seconded the motion and it passed with a
four to one vote (Brown, D. Buckley, Sipes, Wolfe - yea; P. Buckley - nay based on the
duration; McDevitt absent).
Town Attorney John Dunn presented on first reading Ordinance No. 04-07, Series of 2004, An
Ordinance Amending Titles 2 and 17, Municipal Code of the Town of Avon, as it relates to
Appeals from the Decisions of the Planning and Zoning Commission. He noted that the
ordinance was drafted to clarify and consolidate the provision for appeal of decisions of the
Planning & Zoning Commission. He compared the current timeframe allotted for in the Code (at
either 30 days or 7 days from the delivery of the decision to the council and the applicant,
depending on what the Commission acted on) to the proposed timeframe per the new
Ordinance (at 15 days). The rationale behind the proposal was described, and was based on
the amount of time the Council would need to "call up" the item. Some discussion ensued about
the timing of when Council receives minutes for the Planning & Zoning Commission. Dunn
agreed that a change to "Section 2" language be included to specifically state "a person who is
entitled to have a notice". Dunn also noted that since this legislation is an amendment to the
zoning code, it is required to go before the P&Z Commission for a recommendation. Further
clarification was made regarding "Section 3" and the number of days before the notice is mailed.
Councilor D. Buckley moved to approve Ordinance No. 04-07, Series of 2004, An Ordinance
Amending Titles 2 and 17, Municipal Code of the Town of Avon, as it relates to Appeals from
the Decisions of the Planning and Zoning Commission on first reading with the change to
Section 2 as referenced above, and further moved to request that the matter be referred to P&Z
Commission for a recommendation, and that second reading and a public hearing on the
Ordinance be scheduled for June 8, 2004. Council asked staff to provide immediate notice of
action taken at the P&Z Commission meetings as the items are related to anything that might be
subject to an appeal.
Resolutions
Town Engineer Norm Wood presented Resolution No. 04-16, Series of 2004, A Resolution
Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver
Creek, Avon, Colorado. The site is located at 710 Nottingham Road and the request for the
Temporary Easement on Tract B, Benchmark at Beaver Creek is for the purpose of grading and
drainage. He noted that applicant, Steve Grow, submitted geo-technical reports by H-P
Geotech as well as a construction-grading plan. He indicated there are a number of conditions
to the request for the temporary easement. He informed the Council that staff requested that it
be a permanent easement instead of temporary and that the owner of Lot 30 be made
responsible for permanent operation, repair and maintenance of the surface grading and
drainage facilities located on the propose easement. Wood indicated that this easement would
meet a condition of Building Permit No. C-PB2002-8). This permit has already been issued and
expires June 10, 2004. He noted that the proposed resolution also contains some conditions for
the applicant. Some discussion ensued about the runoff situation that occurred two years ago
and the nature of when easements are required or granted between parties.
John Perkins, project architect, addressed the Council regarding the request for the easement.
Councilor Wolfe was interested in determining how the building can be built without the granting
of an easement. Perkins noted that the easement would allow the Town to better handle their
drainage issues and that was why the suggestion was made by staff to request the permanent
easement rather than the temporary. Councilor Wolfe noted that if the building design did not
include the construction of it to the setbacks, then an easement would not be necessary. And
Councilor Wolfe then concluded that the value of the property / easement would be worth more
to the Town than just the $10. There were some questions about who really has the problem of
the drainage, the Town, the applicant or both to some degree. Perkins reminded Council that
these types of easements have been historically granted to others and that this was a solution
that would benefit the Town. Council was also concerned that the maintenance of the drainage
would be shifted to the Town if this easement were granted. Mayor Reynolds noted that the
Town has spent money to cleanup the mess caused by extensive runoff & the cleanup was up
behind the buildings. Town Engineer Norm Wood addressed the question of how many
easements the Town has issued in the past; he named several projects where that occurred.
After some further discussion a motion was made.
Councilor Brown moved to approve Resolution No. 04-16, Series of 2004, A Resolution
Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver
Creek, Avon, Colorado. Mayor Reynolds noted that hearing no second on the motion, the
motion failed.
Regular Council Meeting Page 2 of 4
May 11, 2004
Councilor D. Buckley moved to deny Resolution No. 04-16, Series of 2004, A Resolution
Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver
Creek, Avon, Colorado. Councilor Wolfe seconded the motion and further discussion ensued.
It was confirmed that the motion was to deny the proposed permanent easement. Comments
were made regarding the value placed on the granting of the easement at $10 as not enough
benefit to the general public. Mayor Reynolds commented on the fact that this proposal was an
excellent solution to the Town's drainage issue at that location. Councilor Sipes noted that the
applicants could reduce the size of the building that would "then alleviate the applicant from
having to request an easement. Sipes then suggested that he would support a temporary
easement; other Council members did not support the idea. Some further discussion ensued
and the motion was called. The motion on the table was approved with a roll call vote and a
four to one vote (D. Buckley, Sipes, P. Buckley, Wolfe - aye; Brown - nay).
Other Business
Town Manager Larry Brooks requested that Council consider the report on the Water Rights
Analysis at this time. It was inappropriately included as a Consent Agenda item and did not
require any Council action. Town Engineer Norm Wood presented his memo outlining the
results of their water rights analysis and the results of subsequent meetings with Tom
Williamson, the Water Authorities water engineer. He spent considerable time addressing the
information provided in the Council packet, noting that a reconciliation of numbers is still
required. He noted that the next step would be to finalize the report to establish water
consumption requirements based on projected build-out in the Town and to project maximum
number of SFE's that can be served utilizing all of the Town's water rights. And then continue to
work with Gary Greer, the Town's water attorney, to propose a revised water rights lease with
the Authority to provide service to the projected SFE's at build-out as well as some revisions to
the augmentation plan. There was some discussion on the "consumptive use" calculation and if
Avon was being overcharged.
Town Attorney Report
Town Attorney John Dunn reported on the status of the District Court proceeding with regard to
Lot 61. He is scheduled for a conference call with all parties & the Judge. He also reported on
the recent article published in the Colorado Municipal League Newsletter regarding the recent
Supreme Court decision about the requirements of "open meetings notices". In summary, if the
Council is attending a meeting and it is not in a "policy-making function", a public notice is not
required.
Councilor Wolfe raised the idea of the Town discussing economic development as related to
giving incentives to attract new businesses to Avon. Most members did not support the idea of
government becoming involved in this arena.
Town Manager Report
Town Manager Larry Brooks informed the audience that Avon's cleanup week is this next week
and Public Works will be picking up trash for the residents. He also noted that Council would be
receiving a budget calendar for the 2005 budget in their mailboxes. The topic will be a
discussion item at the next meeting. Some discussion was held regarding the format of the
document
Mayors Report
Mayor Reynolds announced that the Town of Avon Battle Mountain High School Scholarship
Funds have been awarded to two students & will be presented to them this Thursday at an
awards ceremony. He also noted that he will be attending the festivities surrounding the bid for
Regular Council Meeting Page 3 of 4
May 11, 2004
the 2009 Ski Championships. He will be traveling with the Vail Valley Foundation and Vail
Resorts, Inc. group to Florida.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda-deleting item (b) from the items. Councilor Brown seconded the
motion and it passed unanimously (McDevitt absent).
a. Approval of the April 27, 2004 Regular Council Meeting Minutes
There being no further business to come before the Council, the meeting adjourned at 7:05 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 4 of 4
May 11, 2004
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: 5/18/2004
Re: Resolution No. 04 -16, Approving the Final Plat, A Resubdivision of Lot 17, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado
(5670A and 5670B Wildridge Rd East)
Summary: George Plavec, owner of Lot 17, Block 4, Wildridge, has submitted a Final Plat
to resubdivide Lot 17, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex lots 17A and 17B. The Subdivision is
in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 04 - 16, Series of
2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 17, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
CADocuments and Settings\nwood\Local Settings\Ternporary Internet Files\OLK2\L17B4WR.doc
TOWN OF AVON
RESOLUTION NO. 04 -16
Series of 2004
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 17,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, George Plavec has submitted a Final Plat for a Resubdivision of Lot 17, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for a Resubdivision of Lot 17, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
C:ADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L17B4WRres0416.doc
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town En veer
Date: May 20, 2004
Re: Nottingham Road Improvements (I-70 to Buck Creek Road)
Inter-Mountain Engineering, Ltd. Construction Document and Easement
Description Services Proposal
Summary: Inter-Mountain Engineering, Ltd., has submitted the
attached Proposal for finalization of Design, Construction Document preparation and
easement description services for the Nottingham Road Improvements (I-70 to Buck
Creek Road). The improvements include reconstruction of Nottingham Road from I-70 to
the Easterly entrance to Sherwood Meadows. Since the final design was completed in
2001, the plans need to be revised to reflect current conditions. In addition one of the
large revision in the design include extending the median from the future roundabout at
Buck Creek Road to Swift Gulch Road. The road template is already part of the design,
but the median is being recommended to be installed as part of this project. By installing
the median at this time future negotiations will be unnecessary with undeveloped sites in
this vicinity. Lastly, a public meeting is going to be held in June to re-familiarize the
public with the approved plans prior to commencing acquisition of right-of-way.
The proposed services include 1) plan revisions, 2) permitting and coordination,
3) preparation of construction documents and cost estimates, 4) public meetings,
5) easement descriptions and 6) sub-consultant charges. The design and easements are to
be completed by July 2004. A geo-technical service proposal is anticipated to be
presented to council in June. These services will re-evaluate the existing road condition
and proposed road sections for Nottingham Road. The project will be ready to go to bid
in January 2005 for construction in the summer of 2005.
I:AEngineering\CIP\Nottingham Rd (RA I To Buck Creek)A2.0 Contract Services\2.2 Designengr\2.2.3 Service Contract\Design Prpsl MemO.Doc
The proposed cost of services is not to exceed $45,100 without written approval and is
broken down as follows:
1. Plan Revisions $ 7,400
2. Permitting and Coordination 6,950
2. Construction Documents & Cost Estimate 7,600
3. Public Meetings 500
4. Easement Description 16,650
5. Sub-Consultant Charges (AEC, Terrasan) 5,000
6. Reimbursibles (not to exceed) 1,000
Total Cost - Not to Exceed $ 45,100
The current approved 5-Year Capital Improvements Fund Budget includes $304,000 in
2004 for construction documents and right-of-way acquisition and $2,210,000 in 2005 for
construction. The cost of these services is within the current Budget.
Approval of this Proposal for design revisions, construction document preparation, and
easement description services by Inter-Mountain Engineering, Ltd., for Nottingham Road
Improvements (I-70 to Buck Creek Road) at a cost not to exceed $ 45,100 is
recommended.
Recommendations:
Approve Proposal from Inter-Mountain
Engineering, Ltd. for Nottingham Road Improvements (I-70 to Buck Creek Road) design
revision, construction document preparation and easement description services at a cost
not to exceed $ 45,100.
Town Manager Comments:
1 AEngineenng\C[P\Nottingham Rd (RA I To Buck Creek)A2.0 Contract Services\2.2 Designengr\2.2.3 Service Contract\Design Prpsl Memo.Doc
2
L ater-mountdn
" ng>wa.
May 21, 2004
Ms. Ante Martens
'yawn of Avon
P.U. Box 975
Avon, CO 9,1620
Via: Delivery
Rl;: Nomngham Road Improvements - Phase 1
1-70 to Sherwood Meadows
&Wks rin$ and Ca hmA Adminis?oa
Dear Annc:
We appcocim the opportunity to submit the following ProPoso for engineering design and contract
a&WWsuw1on services in connection with the Town of Avon's Nottingham Road Phase 1 bWrOvennents
project, This proposal addresses the items in your i'Jx dated April 27, 2004, as well as our meeting on
April 23, 2004. Please be advised d w otauin requirements have cbwwd since the design plans wcro
initially prepared, and we have included these within the scope of our work.
This prnposd has been prcpara+d so thu additional costs have bode aatieipawd md included. ?his will
eliminue any -raaras", odltr than items requested fFom the Town that are outside the scope of the
proposal. This is in response to sitnilu request made by the Town for the Metcalf Basin Drainage
proposal.
IME will provide the following general services to complete the plans for construction and througb the
bidding process:
I . Combine Sigaage and Striping (NIC); New 'c'able for signs
2. IAbel all mg"Fties
3. Create Easmrn. Sheet (separate from individual easements)
4. htdicate Easemeeas on Plan
5. Review Erosion Comrol. - Prepare SWMP/ Report Rcquilvmcnts & Permit
6. Clearly III& ue "Demolition" Items
7. Begin ROW Acquisitiou (Towu of Avon task)
8. Permitting and Utility Approvals (COI, CDOT, Utilities)
9. Prepare Bid Paekage, Conum Docamenta and Speciticuim
10. Attend Public Meeting
11. Cbsock Quantities/Cost Estimate (Revise per As-Built Conditions)
12. Add "Maebok" now
13. Revise Cover Shoot Note 13
14, Revise Cover Sheet None 4 to reference CDOT Specifications
Ss00.00
N/C
$500.00
NIC
33,750,00
NIC
N/C
S3,20OX
53,200.00
$500.00
$800.00
NIC
N/C
NIC
6392 Gonunwnd Dude Road, Suite 0107 • Liiveton, Cobrado 30127 • Phone: 303/848-5220 - Fax: 303M8.6526
77 Mw=N Road, 02UU • Box 978 - Avon. GcOadO 81620 9 Phone: 970/949-5072 0 From Dwwer Dkeot: PM-1531
Ass. Am* Mw%rw
P,me$* . Nomnaftm Road Ph"@ I
Pape 2
15. Revise Sheet 9, Section 40+50, Granhail Slope N/C
16. Revise Sboet 9, Section 39+50 for Existing Guardrail NIC
17. Ruvicw X-Sections for Additional Patcbback N/C
18. R,avjjw lutc(9cction Signs at RA VI /C
19. Revise Shea 4 - Sign Locations NIC
Y0. Rcviae Sheet S - Sidewa.Wwan Conflict NIC
21. Revise Sheet 5 - Mgc-h stq to Overlap NIC
22. Revise Sheet 6 - LAdadestify+ Pipes w be Removed NIC
23. Rcvm Shea 6 - Mountain Star RA Shea NuMbe f Rdf rc rcc N/C
24. Fmparc Driveway Tis-in Detail $400.00
25. Revise Sheet 19 - Sw aut/Patchbark Conflicts N/C
26. Revise Sheet 19 - Revise Post Detail NIC
27. Revise Label,/Walls at Sta 44, 00 and 43 + 50 NIC
28. Verify Gre"a Slopes st Sts 42+75N and 44, 50N NIC
29. Revise Sheet 13 - Sts 1 +00 Sidewalk/Shoulder NIC
30. Revise StructutdPipc Schedule NIC
31. Provide Riprap Detail NIC
32. Revise Lighting Details and 5pacins - AEC $1.000.00
33. provide Powa DeWls - AEC 6500.00
34. Add CoAdi-it for Mecbdal S500.00
35. Revise PIaNSeetion Cmact at Sts 41 t 10 N/C
36. Rxvisn Sections to Show Ratomill N/C
37. Re%isc Pa%iQg Devil per IM Gootech Recommendations NIC
38. Revise Path Width OR Trad V 5800.00
39. Rcvisc Grading for Croeswa.W to add 1" 6500.00
40. Revisc Medisa w TMMd to Swift Gukb Road (Plan and SocdoM) $2,000.00
41. Revise Limit of Voting (Plan and Sections) $800.00
4.2. Prepare Topogrmac Survey and Plan for As-Buih Cooditivin 52,100.00
43. Prepm Nuwteen (19) Fiternetrt Dcscripticas $16,130.00
44. p.&=bursables (Ili) -- Not to Exceed without pxmx w dwizaAon $500.00
45. Attend Pro-Md Meg, PMare Addadums. RFI's, Review Mils $3,600.00
46. Ro vise and Complete Landscape/ T699 ion Dwgs, Spteo, Qusatities $3,000.00
47. Reimbwublos (Landscape Architect) - NTE w/o Prior autbonzwon S500.00
LM
The estimated fee for the pfoposed scope of services is $45,100.00. A copy of our Fee Schedule
is enclosed. This amount will not be ended without prior authorization from the Town.
We understand that LP Geotech will investigate the current condition of the rte and may
update the recommendation: made in their report from July 2000. Plesse be advised heat
additional costa may be incurred if m-Asions to the construction drawings are required based on
the updated report.
Note that you will be billed monthly for Services tO die. Xavaicea art due upon t+aceipt. If invoices fain
WV&id afbx 30 days, you will be chaged a service charge of 1.75% per month. If it should bccoms necessary to
M*rce collection, how-Mountain Engineering will bo entitled to recover its collection cots, iucluding albo ay's
fees.
Ma. Amn Mwlani
PSI - Natlirlptitm R"d Phase
Pogo 3
Also note a, the 0* y or gnar-atae mode by InWMo+Mt= Wrecring„ Ltd- in cogz=don
wish the serviced performed bcrounder is that we will use that degr" of care and skill ordinarily exoroiscd
under simile oondWons by reputable nl mbera of the engineering profenion practicing in this stns. No
other warmuty, express or implied, is made or inftWed by this P for eomulting services or by
furmshmg 0n1 or written repam.
We look fo+ward to woddn with the Town toward a successfirt ProJCCL
9inoerely.
Tatar.MmWtaia Eoocerin& Ltd.
Frederick E, Tobi", P,E.
Ante M, arte"
Date
kt+?Mam?t,e?n
?tginaer3?ua.
March 1, 2001
$120.00/hr
Prhidpd Engineer StUO.??i?ihr
krolcciM S 90.OO/hr
se:?r En &W s 80.00ft
Projea. En inn s 70.00/hr
Design Erngineer $ 75. w r
Field Engineer S 90 00lhr
Swvt7or
S,ur„eg crew without GPS S115.00/hr
50/hr
5137
2 Man Survey Crew with GPS ,
cxu?
$115
1 Man survey crew with m .
S 7o.00/hr
C,ADD Tedmiaan S 60.OQIkxr
T'ecte?iaat? S 3s.oolhr
Tochnical Tgpist t E5.OOihr
Co?wPtrB
S 0.15/cash
Photowpies S 3.OOlSil?eet
Bluttg -Paper 510.00/Sl?oet
Bblepri nt"?-?? Aetual Cost
Outside Sa vices +15%
mAcage @ 50.40 per mile
Scheduled aver i c (oft 6:00 p.m. rand weeksads) 1.5 x base rata. Overtime nwm be achedWed 24
hours in advance on weekdays and on Thou sday for weekends, -A220 0 Fay- 8392 CaKinental oivide nn Road, SLft # Avar+• Cplorado 81620 0' Pnor*s o7tu0d9-5072 . Vrom Oerwer Mlwt: 891531
ipi200 9o?c 978
77 NW..Cap Rpad.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: May 19, 2004
Re: Parking Agreement with ECO
Summary:
Attached is an agreement with ECO Transit to allow them to park a bus at the Swift Gulch
Maintenance Facility through November 2004, at a cost of $100.00 per month.
Discussion:
If you recall, the Town of Avon and ECO Transit worked under a similar agreement through
the winter season that allowed parking up to ten buses. ECO's summer demands are such that
only one bus is needed for emergencies.
Recommendation:
Staff recommends approval of the agreement.
Town Manager Comments:
Documents
transit
eagle county regional transportation authority
May 14, 2004
Larry Brooks
Avon Town Manager
PO Box 975
Avon, CO 81620
Dear Larry:
Attached you will find two copies of the Service Agreement requesting to park one ECO bus at
the Swift Gulch Facility from May 1, 2004 through December 1, 2004. We will utilize this bus
for emergencies (switch outs) should they occur over the summer months. This request
represents an extension of the Service Agreement between the Town of Avon and ECO Transit
over the past winter season. We feel the past service agreement was a success and look forward
to discussing this service for the coming winter. Thank You.
Sincerely,
Harry N. Taylor,
ECO Transit Director
/am
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 Phone: 970-328-3520 Fax: 970-328-3539
ecoAeaglecounty. us
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel. 9701328-3520 fax: 9701328-3539 eco@eagle-county.com
SERVICE AGREEMENT
THIS AGREEMENT is entered into the day of , 2004,
between the Eagle County Regional Transportation Authority doing business as ECO
Transit (` ECO") and the Town of Avon ("Avon"):
IT IS AGREED as follows:
Services: During the term of this Agreement, Avon will provide the following
services:
(a) Parking of one bus (in a plug-in space) at a charge of $100.00 per month
per bus.
(b) Fuel at its budgeted cost including $0.10 (ten cent) mark-up.
(c) Repair and maintenance, as requested by ECO, at a charge of $80.00 per
man hour. No payment for any repair or maintenance shall be due unless
ECO has approved of the work. Services may be commenced with verbal
approval by ECO of a written estimate submitted by Avon.
Subcontractors may perform certain repair work, for which cost of the
work will be charged. Avon shall be responsible for assuring that
subcontracted work is performed promptly and in accordance with this
Agreement.
2. Facilities: Avon represents that its facilities are in good condition and adequately
equipped and that it has a sufficient staff to perform all work in a timely manner.
3. Billing for Services: An invoice will be issued by the tenth day of each month for
services performed during the previous month. Payment is due within thirty days
of receipt of the invoice.
4. Term and Termination: The term of this Agreement will run from May 1, 2004,
through December 1, 2004, unless sooner terminated in accordance with this
Agreement. The parties desire to implement this Agreement as soon as possible.
The signatories have the authority to bind Avon and ECO to the terms and
conditions of this Agreement. However, continuation of this Agreement is
contingent upon the subsequent ratification of the same by Avon council action
and by board action of both the ECO Board and the Board of County
Commissioners of Eagle County at their next regularly scheduled meetings. In
the event of breach of this Agreement by either party, the other party may
terminate this Agreement upon seven days written notice unless the breach is
cured within the seven day period. Either party may terminate this Agreement
without cause on thirty days written notice.
5. Relationship of the Parties: The relationship between the parties is that of
independent contractor, and nothing herein shall be deemed or construed as
creating a relationship of principal and agent, partnership or joint venture. Avon
shall be solely responsible for payroll withholding and payment of taxes as well
as payment of unemployment compensation and other employment related
benefits.
6. Warranty: Avon will promptly correct any defective work appearing within one
year after services are performed. This warranty shall be in lieu of all other
warranties, express or implied. Avon's sole liability hereunder, whether in tort in
contract, is expressly limited to the warranty provided for herein.
SIGNED the day of , 2004.
TOWN OF AVON
By:
Town Manager
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By:
Chairman