TC Council Packet 04-25-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 25 2006
AvON00UNuCxPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT 5:30 PM
1. CALL TO ORDER AND ROLL CALL
2- APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST
4. CITIZEN AND COMMUNITY INPUT
a. Mike Bennett, Beaver Creek West, Book Presentation to Mayor Wolfe
b. Me|iSaReVVO|d-ThUOn. New Avon Elementary School Principal
12
5. ORDINANCES
G. Public Bearing on Ordinance No. 00-05. Series of 2006, Second Reading, An Ordinance
Amending Ch2oba[ 8.32'T0e 8, Avon Municipal Code, Relating To The Protection Of Wildlife
And Providing PeO@|UeS For The Violation Hereof (John Dunn, Town Attorney) Proposed revisions to
the existing ordinance intended to help with enforcement of this legislation
b. Ordinance N0. 00-00' Ge[keS of 2006, First Reading, An Ordinance Amending Title 8, K8UOiCip8|
Code of the Town of Avon, Defining Building Activity, Declaring Abandoned Building Activity G
Public Nuisance, and Providing Penalties For Abandonment (T@rnbi Katieb. Community
Development Director) the proposed amendment is intended to expand the ability of the Town to
provide abatement for abandoned construction activity
c. C)PdiOanCB No. 00-07. Ge[keS of 2006, First Reading, An Ordinance Amending Titles 12 And 10,
Municipal Code Of The Town Of Avon, To Increase Any Guarantee Cf Public Improvements To
Two Years (John Dunn. Town Attorney) Revision to extend the warranty period from one year to two
years; a clause included in subdivision improvements agreements
6' RESOLUTIONS
o. Resolution N0. 08-18. Series Of 2006, F{8GO|Vti0n Approving 8 K8e0Or@Odu0 Of Understanding
/"K8{)U"> and the Form of Subdivision Improvements Agreement /"8|/\^> Relating to RiverhoOt
Subdivision (John Dunn. Town Attorney) Proposed ^yWOU" (permits applicant to begin construction
activity during period of time between c|osinQ, funding of project and approval of ''S|A'') and ''G|A^
(agreement which provides for the construction and funding of public improvements) addressing the
Rivarfront8ubdiviaion
b. R8So|VdOO N0. 08-10. Series Of 2000' Resolution approving the Final Plat, 8 KeSUbdivisi0n of
Lot 42A, Block 4, Wi|dhdge, TOVVD of Avon, Eagle County, CO|Or8dO (Norm VVuod. Town Engineer)
Owners of the |cd have submitted a final plat to resubdivide Lot 42 A. Block 4, creating duplex lots with
street addresses nf51O5-VV and 51O1-ELongsunLane
7. NEW BUSINESS
@. Planning & Zoning Commission Appointments (Ron Wolfe, Mayor) Selection of six members to serve
on the seven member Commission will be made at this time
8. OTHER BUSINESS
9' UNFINISHED BUSINESS
1D' TOWN MANAGER REPORT
11. TOWN ATTORNEY REPORT
12' MAYOR REPORT
Avon Council Meeting. o6.O42o
Page 4m5
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 25 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT 5:30 PM
13. FUTURE AGENDA ITEMS: DESIGN WORKSHOP ECONOMIC ANALYSIS OF PROPOSED MAIN STREET
IMPROVEMENTS, TOWN CENTER WEST DESIGN PLAN, TRANSPORTATION CENTER FINAL DESIGN
14. CONSENT AGENDA
a. Minutes from April 11, 2006 Meetings
15. ADJOURNMENT
Avon Council Meeting, 06.04.25
Page 5 of 5
10 19
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
17 :1►4 10113 1304 ISO
DATE: April 17, 2006
The following changes have been made to the wildlife ordinance for
consideration on second reading:
1. References to "curb" or other specific location has been removed and the
language "put out for pick up" used instead.
2. 8.32.050(a) has been repealed. This section, part of "Construction Site
Refuse Disposal," is a "First Violation" paragraph and duplicates 8.32.070(1), the "First
Violation" paragraph of the general violations section. I had not notice the duplication
before.
3. 8.32.070(1) is amended to include marking containers with an address as
part of the warning-and-informing language.
A copy of the ordinance, marked to show all changes, is included with this
memorandum.
Jwd:ipse
ORDINANCE NO. 06-05
SERIES 2006
AN ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE PROTECTION OF
WILDLIFE AND PROVIDING PENALTIES FOR THE
VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Amendment. The definition of "Wildlife -proof refuse container"
contained in Section 8.32.020, Chapter 8.32, Title 8, Avon Municipal Code, is amended
to provide as follows:
Wildlife -Proof Refuse Container means any refuse container which has been
certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park
Service or the U.S. Forest Service. '['he container ��ust be secured by the
.... _ _....._ ...... ..._... .....
actuation of a z ecliaiijc not
be deemed iid life proof. ^�
Section 2. Amendment. Paragraph (b) of Section 8.32.030, Chapter 8.32, Title 8,
Avon Municipal Code, is amended to provide as follows:
(a) Residents -iih- = °1 sici - pi-elc p shall place their refuse containers q'ut
�C14 a at or after 6:00 a.m. of the
morning of the pickup; provided, if wildlife resistant or wildlife -proof containers
are used, they may be placed out for pic wLII)eti bs -i-dek after 6:00 a.m. of the day
before. After pickup, the containers must be re- secured in an appropriate manner
before the end of the same day.
Section 3. Amendment. Section 8.32.030, Chapter 8.32, Title 8, Avon Municipal
Code, is amended by the addition of a paragraph (c) to provide as follows:
c All residential refuse containers Y - shall
have the premises address and unit designation permanently affixed thereon and
clearly visible when the container is in an upright position. The digits and letters
shall be no smaller than two inches in height.
Section. Repeal. Paragraph (a) of Section 8.32.050, Chapter 8.32, Title 8,
Avon Municipal Code, is repealed.
Section 54. Amendment. Paragraph (1) of Section 8.32.070, Chapter 8.32, Title
8, Avon Municipal Code, is amended to provide as follows:
(1) First Violation: The first violation of the Chapter will result in a
notice of violation to an afleoeci offender. The offender will be warned
and informed of the proper precautions necessary to prevent the feeding of
wildlife and the necessary actions to meet the provisions of this Chapter, which
may include but are not limited to: removal of wildlife attractants, time limits
for the placement of refuse containers, inark'ng of'conlainers will) address and
-1-1--l- ....... . will) ....... . .. .............
unit inibrination and use of bear resistant containers. Said notice shall include a
................. ...................
reasonable time schedule for compliance. An al4eged-offended who timely
complies with the first Notice of Violation will not be subject to the penalty
provisions of this Chapter.
Section 65. Penalties. It is unlawful for any person to violate any of the
provisions of this Ordinance. Every person convicted of a violation of any of the
provisions of this Ordinance 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.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this I Ith day
of April, 2006 and a public hearing shall be held on this Ordinance on the day of
12006 at 5:30 p.m. in the Council Chambers of the Avon Municipal
Building, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
the day of , 2006
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
TOWN OF AVON, COLORADO
ORDINANCE NO. 06 -05
Series of 2006
AN ORDINANCE AMENDING CHAPTER 8.32,TITLE 8, AVON MUNICIPAL CODE,
RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES
FOR THE VIOLATION HEROF
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows:
Section 1. Amendment. The definition of "Wildlife -proof refuse container" contained in
Section 8.32.020, Chapter 832, Title 8, Avon Municipal Code, is amended to provide as follows:
Wildlife -Proof Refuse Container means any refuse container which has been certified to
be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S.
Forest Service. The container must be secured by the actuation of a mechanical latching
device; any container not so secured shall not be deemed wild -life proof.
Section 2. Amendment. Paragraph (b) of Section 8.32.030, Chapter 8.32, Title 8, Avon
Municipal Code, is amended to provide as follows:
(a) Residents shall place their refuse containers out for pick -up at or after 6:00
a.m. of the morning of the pickup; provided, if wildlife resistant or wildlife -proof
containers are used, they may be placed out for pick -up after 6:00 a.m. of the day before.
After pickup, the containers must be re- secured in an appropriate manner before the end
of the same day.
Section 3. Amendment. Section 8.32.030, Chapter 8.32, Title 8, Avon Municipal Code,
is amended by the addition of a paragraph (c) to provide as follows:
(c) All residential refuse containers shall have the premises address and unit
designation permanently affixed thereon and clearly visible when the container is in an
upright position. The digits and letters shall be no smaller than two inches in height.
Section 4. Repeal. Paragraph (a) of Section 8.32.050, Chapter 8.32, Title 8, Avon
Municipal Code, is repealed.
Section 5. Amendment. Paragraph (1) of Section 8.32.070, Chapter 832, Title 8, Avon
Municipal Code, is amended to provide as follows:
(1) First Violation: The first violation of the Chapter will result in a notice of
violation to an offender. The offender will be warned and informed of the proper
precautions necessary to prevent the feeding of wildlife and the necessary actions to
meet the provisions of this Chapter, which may include but are not limited to: removal
of wildlife attractants, time limits for the placement of refuse containers, marking of
containers with address and unit information and use of bear resistant containers. Said
notice shall include a reasonable time schedule for compliance. An offended who
timely complies with the first Notice of Violation will not be subject to the penalty
provisions of this Chapter.
Section 6. Penalties. It is unlawful for any person to violate any of the provisions of this
Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance
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.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 11th day of
April, 2006 and a public hearing shall be held on this Ordinance on the 25th day of April, 2006
at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado.
Town of Avon, Colorado
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
the day of , 2006
Town of Avon, Colorado
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 06 -05 Wildlife Amendments
Page 2 of 2
STATE OF COLORADO )
COUNTY OF EAGLE )
TOWN OF AVON )
SS
i
v� s
NOTICE OF .- ING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON APRIL
006 AT THE TOWN OF • FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING
•-D .
ORDINANCE NO. 06 -05, Series of 2006, AN ORDINANCE AMENDING
CHAPTER 8.32,TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE
PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE
VIOLATION HEROF
A copy of said Ordinances are attached hereto, and is also on file at the office of the Town
Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM
— 5 PM.
Following this hearing, the Council may consider final passage of this Ordinance. This
notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON APRIL 14, 2006.
AVON MUNICIPAL BUILDING, MAIN LOBBY
LOBBY v/ ALPINE BANK, MAIN
AVON RECREATION LOBBY
LOBBY CITY MARKET, MAIN
J� L:4 11
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Di
zz
Date: April 18, 2006
Re: First Reading of Ordinance 06-06, amendment to the Avon Municipal
Code, Title 8, Chapter 8.30 Abandoned Buildings and Activity
Summary:
Attached to this memo is an ordinance being forwarded to you for review,
discussion, and approval on first reading that proposes amendments to the Town
Municipal Code.
The proposed amendment is intended to expand the ability of the Town to provide
abatement for abandoned construction activity. As currently outlined, the Chapter is
limited to abandoned buildings (where construction has actually begun and not
completed). This is a staff-initiated amendment, and we view this as necessary
`housekeeping' of the Municipal Code as the Town continues to experience rapid
growth.
By including building activity as a defined term subject to the same abatement
procedures and also defined as a public nuisance, the power of the Building Official
and the Town is expanded to protect the community from construction projects that
are abandoned.
This ordinance was referred to the Legal Subcommittee and the Town Attorney for
review and comments have been incorporated into the ordinance. The Planning &
Zoning Commission was also informed about the goals of this ordinance and
generally supported the expansion of Town authority to include abandoned
construction activity in addition to abandoned buildings.
Recommendation:
We recommend that you deliberate on the proposed revisions to Chapter 8.30 as
underlined in the attached Ordinance, providing staff with any recommended
changes. The public hearing for this Ordinance will be held on May 9, 2006.
Alternatives:
The following options are available for action on this ordinance:
- Approve on First Reading, setting the Second Reading and public hearing
date to May 9, 2006.
- Deny on First Reading
- Table on First Reading.
Proposed Motion:
I move to approve Ordinance 06-06 on first reading, establishing May 9, 2006 as
the Public Hearing and Second Reading."
Town Manager Comments:
Attachments:
A. Ordinance 06-06, An ordinance amending Title 8 of the AMC, Defining Building Activity,
Declaring Abandoned Building Activity a Public Nuisance and providing penalties for
abandonment.
Page 2 April 25 Town Council Meeting / First Reading Ordinance 06-06
Chapter 8.30 Avon Municipal Code Amendment to Abandoned Buildings and Building Activity
ORDINANCE NO. 06-06
AN ORDINANCE AMENDING TITLE 8, MUNICIPAL CODE
OF THE TOWN OF AVON, DEFINING BUILDING ACTIVITY,
DECLARING ABANDONED BUILDING ACTIVITY A
PUBLIC NUISANCE, AND PROVINDING PENALTIES FOR
ABANDONMENT.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 8.30, Chapter 8 of Title 8, Avon Municipal
Code, is as follows:
CHAPTER 8.30
Abandoned Buildings & Building Activit
8.30.010 Definitions.
For the purposes of this Chapter:
Abandoned building means a building which the owner or lessee thereof has not occupied, for at
least six (6) consecutive months. Without limiting the generality of the foregoing, any building for
which the building permit has expired and for which no certificate of occupancy has been issued shall
be presumed to be abandoned.
Abandoned btdldin F activity means a PrODCrty or premises on which the owner or developer thereof
has not denonstrated�eoratinUe-1 alaterial progress for at least six (6) CQIISMItt����morgths or has
allowed a building- permit and/or s°i�-Yht of way permit to expire as a result of significant construction
a� tvtx l�eir� spcndeci or abandoned for at least six�b) consecttive
111011ths.
Building means any aboveground improvement or structure or excavation and radii activity,
finished or unfinished, which is intended, designed, built or adapted for eventual use to be occupied
for residential or commercial purposes.
Building Official means the person charged with the administration and enforcement of Chapter
15.04 of this Code. (Ord. 86 -18 § 1(part))
8.30.020 Abatement of nuisance authorized.
(a) Any abandoned building or abandoned building activity is declared to be a public nuisance.
(b) Upon discovery of facts that there exist conditions constituting a public nuisance, the Building
Official is authorized to immediately commence proceedings to cause the abatement of such public
nuisance in the manner herein prescribed.
(c) Abatement may be accomplished either by:
(1) Reoccupation by the owner, or any tenant, lessee or other party entitled to possession after a
determination by the Building Official that the building complies with all applicable requirements of
this Code;
(2) Demolition and removal of the building and filling of all excavations of.abandone — .b lildin
activit : in compliance with all applicable requirements of this Code; or
(3) In the case of any building for which no final certificate of occupancy was issued, completion
of the building in compliance with all applicable requirements of this Code and issuance of a
certificate of occupancy. (Ord. 86 -18 §I(part))
8.30.030 Abatement procedure.
Upon discovery of conditions constituting a public nuisance, the Building Official shall give notice to
cause abatement. Notification shall be personally served or sent by certified mail to all persons, firms,
corporations and other entities which the records of the County disclose claim an interest in the building.
The notification shall be in the following form:
NOTICE OF VIOLATION
DECLARATION OF VIOLATION OF CHAPTER 8.30 OF MUNICIPAL CODE RELATING TO THE
ABANDONMENT OF A BUILDING AND /OR BUILDING ACTIVITY.
NOTICE IS HEREBY GIVEN that as of the day of , 20_ the Town of Avon, has found
and determined that conditions exist on the real property described as:
which constitute a public nuisance and a violation of the provisions of Chapter 8.30, of the Avon Municipal
Code, in that the building on said real property is abandoned, as defined in Section 8.3- 0.010(a).
That failure to abate the nuisance by reoccupation, demolition or completion of the building and /or 1?! i
�cti.vity, according to the provisions of Section 8.30.020 of the Municipal Code within sixty (60) days from the
date of delivery of this Notice, or within such additional time as may for good cause be permitted by the
Building Official, shall result in the commencement of enforcement proceedings for the abatement of said public
nuisance pursuant to the provisions of Chapter 8.30.
That if any completion, demolition, dismantling, moving, removal, additions to, or restoration or repair of
any buildings, or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be
performed by persons or entities affected by this notice, other than Town officials, agents or employees,
appropriate permits must be obtained prior to the commencement of any such work.
NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the
determination of the Building Official to the Town Council by giving written notice of such appeal to the Town
Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice.
(Ord. 86 -18 § 1(part))
8.30.040 Effect of voluntary abatement.
If the public nuisance is abated by the owner of any building or buildiii activity which is in a
condition of abandonment within the sixty -day period allowed in the notice of violation, the Building
Official shall cease further abatement proceedings. (Ord. 86 -18 § 1(part))
8.30.050 Abatement hearing – Town action – lien.
(a) Further abatement proceedings sha# may be pursued by the Town when the notice of violation as
provided in Section 8.30.030 has been served and abatement of the public nuisance has not been
accomplished within the sixty -day period. However, if abatement of the public nuisance has been
commenced within the sixty -day period, the Building Official may grant a single extension of time for
sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties.
(b) In the event the owner of an abandoned building zlridlcjr !jUildini..gi ti,vity fails to abate the public
nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by
demolition and removal of the building or by causing the building to be completed to such a degree as, in
the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of
such abatement shall be assessed against such property as a lien which may be foreclosed upon in the
manner provided for the foreclosure of mechanics liens. The amount of such lien shall bear interest at the
rate of eighteen percent (18 %) per annum from the date of - assessment until the same has been paid. (Ord.
89 -11 §l; Ord. 86 -18 §l(part))
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the _ day of April, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the — day of April, 2006, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
"' 6 � • •'
John W. Dunn, Town Attorney
F: \Council \Ordinances\2006 \06 -06 Chapter8 Amend.doc
FROM: TOWN ATTORNEY
TO: TOWN COUNCIL
SUBJECT: WARRANTY FOR SUBDIVISION IMPROVEMENTS
DATE: April 19, 2006
In connection with the negotiation of the subdivision improvements agreement for
The Confluence, the Town asked, and the developer agreed, that there would be a two -year
warranty on subdivision improvements. In the past only a one -year warranty has been required,
which warranty period is reflected in the Town's municipal code.
There is therefore included on your agenda an ordinance which accomplishes a two -
year warranty requirement. The only change in the three code sections is amending "one- year" to
"two year." The remainder of the language is the existing language which establishes the warranty
period, among other things.
JWD:ipse
ORDINANCE NO. 06 -07
AN ORDINANCE AMENDING TITLES 12 AND 16,
MUNICIPAL CODE OF THE TOWN OF AVON, TO
INCREASE ANY GUARANTEE OF PUBLIC
IMPROVEMENTS TO TWO YEARS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 12.04.450, Chapter 12.04 of Title 12, Avon
Municipal Code, is amended to provide as follows:
If any settlement in a restored area occurs within a period of two (2) years
from the date of completion of the permanent restoration, any expense incurred by
the Town in correcting such settlement shall be paid by the permittee, unless
proof is submitted by the permittee satisfactory to the Director of Public Works
that the settlement was not due to defective backfilling. Failure to backfill
properly may be grounds for revocation of permittee's contractor's license.
Section 2. Amendment. Section 16.24.110, Chapter 16.24 of Title 16, Avon
Municipal Code, is amended to provide as follows:
After a two -year performance period, upon improvement completion or a
required improvement revision, the subdivider may apply to the Town Council for
release of part or all of the collateral deposited with the Town Council. Upon
inspection and approval, the Town Council may authorize release of said
collateral. If the Town Council determines that any of such improvements are not
constructed in substantial compliance with specifications, it shall furnish the
subdivider a list of specific deficiencies and shall be entitled to retain collateral
sufficient to ensure such substantial compliance. If the Town Council determines
that the subdivider will not construct any or all of the improvements in
accordance with all of the specifications, the Town Council may withdraw and
employ from the deposit of collateral such funds as may be necessary to construct
the improvements in accordance with the specifications or return the land to its
previous condition.
Section 3. Amendment. Subsection c. of Paragraph (5) of Section 16.24.140,
Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows:
All required subdivision improvements, as specified in this Title and other
applicable Town ordinances and regulations shall be fully constructed and be
approved by the Town, and a written notice of approval shall be transmitted to the
subdivider. The approval of the improvements by the Town shall be contingent
upon the subdivider guaranteeing and being responsible for any defaults with said
improvements for a two-year period.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 25th day of April, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 9th day of May, 2006, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 9th day of May, 2006.
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: RIVERFRONT SUBDIVISION SIA/MOU
DATE: April 20, 2006
Staff has negotiated the form of a subdivision improvements agreement between the
Town and Confluence Metropolitan District which is on the Council agenda and recommended for
approval with the exception of the highlighted language. Staff does not recommend against that
language, but we do feel that Council needs to be convinced of the necessity of it by East West.
The author of that language, Bill Ankele, who represents Confluence Metro, will be present to
provide Council with an explanation of it.
To state the matter succinctly, the first draft of the SIA was modeled on the
agreement with Traer Creek Metropolitan District. The Town's subdivision regulations require a
cash or equivalent guarantee of completion of public improvements. The agreement with Traer
Creek Metro provided that the District would adopt a "funding resolution" which would earmark
sufficient funds to guarantee completion. That same concept was imported into the initial draft of
this SIA.
Bill Ankele has now requested different language based upon the structure of the
bond funding of the Confluence District. My basic understanding is that the construction funds
will be escrowed with a trustee bank. Confluence Metro will not be able to adopt a funding
resolution for the simple reason that it will not have control of the construction money. This
information has been confirmed with the District's bond attorney, Jack Gardner, and we have
received a copy of the portion of the escrow agreement describing the process for payment. As part
of that process, the Town will have the ability to review and object to any disbursement requests
and, upon declaration of a default, gain access to the funds to complete the improvements.
Along with the SIA is a Memorandum of Understanding which reflects the fact that
Confluence Metro will not close on its bond issue until June and which bridges the gap between
approval of the SIA and the issuance of the bonds. This MOU will permit East West to begin
grading, utility relocation and similar activity during the gap period. It will also provide a means
for East West to obtain a building permit for a temporary sales office so that work on that facility
can begin. A certificate of occupancy will not be issued until the final plat is approved and
recorded (a requirement of which will be funding of the SIA guarantee). The MOU requires a
$500,000 deposit to guarantee restoration of the property in the event the SIA is not entered into.
The language of the SIA otherwise generally follows the form generated by the
Legal Subcommittee. The document does not at this time have exhibits attached to it describing
the public improvements and their cost. At the time the final plat is brought before Council for
approval, the SIA including the exhibits will be part of that package and will be given final
approval at that time.
Staff recommends approval of the form of the SIA provided Council is satisfied
with the language added by Bill Ankele. If the form of the SIA is approved, staff recommends
approval of the MOU.
JWD:ipse
RESOLUTION 06-
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING AND THE FORM OF A SUBDIVISION
IMPROVEMENTS AGREEMENT RELATING TO
RIVERFRONT SUBDIVISION
WHEREAS, On March 14, 2006, the Town Council approved an Amended and
Restated Development Agreement for The Confluence between the Town and East West Resort
Development XIV, L.P., L.L.L.P. ( "EWRD ") ( "the Development Agreement "), which will now be
replatted as Riverfront Subdivision; and
WHEREAS, attached hereto is a form of Subdivision Improvements Agreement
( "SIA ") between the Town and the Confluence Metropolitan District ( "the District "), which
provides in part that the construction of public improvements will be guaranteed by the adoption of
a Funding Resolution by the District; and
WHEREAS, the District will lack the financial ability to adopt a Funding Resolution
prior to the issuance of general obligation bonds on or about June 15, 2006, the proceeds of which
will be used in part to pay for the public improvements; and
WHEREAS, EWRD desires to commence construction of public improvements
prior to that date and will be reimbursed by the District for the expenses incurred by it; and
WHEREAS, the preliminary plat for Riverfront Subdivision was approved by the
Town Council on March 14, 2006, but Avon Municipal Code § 16.24. 100 provides that no final
plat may be recorded until the Council has approved a subdivision improvements agreement,
including a guarantee of the completion of the public improvements; and
WHEREAS, the attached Memorandum of Understanding will bridge the gap
between approval of the form of the SIA and the adoption of the Funding Resolution by the
District, the mutual execution of the SIA and recording of the final plat.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
approved.
Section 1. The form of the attached Subdivision Improvements Agreement is
Section 2. The attached Memorandum of Understanding is approved.
Sectiion 3. The Subdivision Improvements Agreement, together with the necessary
exhibits, shall be presented to the Council as part of final plat approval.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 25th
day of April, 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
RIVERFRONT SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2006, is
by and among Confluence Metropolitan District, a Colorado 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 ").
1:7
WHEREAS, the District, in connection with the approval of the final plat for the
Riverfront Subdivision, consisting of 18.893 acres in the Town of Avon, Eagle County,
Colorado (the "Subdivision "), desires to enter into a Subdivision Improvements
Agreement ( "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 ( "Improvements ") as depicted
on the plans approved by the Town for the Subdivision dated
( "Approved Plans ") and as identified in Exhibit A' attached hereto and incorporated
herein by reference, together with minor changes approved by the Town Engineer; and
WHEREAS, the District is responsible for the completion of the Improvements;
provided, nothing herein shall be construed as relieving the obligations of the Owner (as
defined therein) pursuant to the Amended and Restated Development Agreement dated
March 14, 2006.
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 Riverfront Subdivision ( "Subdivision ") shall be promptly filed for recording
with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. The 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 ( "the Work ") as depicted on the Approved
WP A: W need o be sere Ii.e } xhibi_,s esc bc,, only the i����� €overnen is fly [__Hic District ii.sel is f= ndin�
..._._. .
thrum -fli bonds. Him, al -C some_oubli€, irp rovern nts, that Nvill no, be fun 3c� !��� ��� � ?istr��t U ti= �u d 1
Hmilaf iow,.
SIA- Riverfront -I cln
Plans. The District further agrees that it will be responsible for all costs of the
Improvements as itemized on Exhibit B attached hereto and incorporated herein. All said
Work shall be performed in accordance with the Approved Plans. The District agrees to
commence construction of Improvements prior to the issuance of a building permit for
any improvements in the Subdivision and to complete the Improvements prior to the
issuance of a Certificate of Occupancy for any building on any lot in the Subdivision
served by the Improvements. Commencement of construction of Improvements shall be
deemed to mean the award and execution of contracts for the construction of the
Improvements as depicted on the Approved Plans
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town and Holy Cross Energy, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comeast or any other utility
("Utilities"), as applicable and shall be subject to the reasonable satisfaction of the Town
and applicable Utilities. All work shall not be deemed complete until the reasonable
approval and acceptance of the Improvements by the Town and/or the Utilities. Such
inspections by the Town and Utilities shall not relieve the District or its agents from any
responsibility or obligation to assure that all Work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town
and Utilities. The Town will forward copies of observation reports to the District and the
District's engineers (who shall be registered in the State of Colorado) responsible for
providing the opinion required by Section 6 hereof.
(2) Designation of Inspectors. Prior to commencement of
construction work on the Improvements, the Town will designate the individuals and/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, by Town
employees or an independent third party inspector, shall be paid by the District, subject to
the limitations set forth in paragraph 7 below.
(4) Notice of Non-Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements are not in compliance
with the Approved Plans, 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 the District's engineers 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
SIA-Riverfront- I chi
to the District's engineers and the District within two (2) working days of the date of the
observation. The notice may be provided in an informal manner agreed upon by the
parties and without compliance with Section 15 hereof.
3. Security for Completion of Improvements and Obligations. To secure
completion of the Improvements and the District's obligations to the Town hereunder, the
District hereby agrees to secure the respective obligations under this Agreement as
provided in this Agreement and in accordance with Section 16.24. 100 of the Code.
4. District 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 as set forth on the
Approved Plans. The estimated costs of completion of the Improvements are set forth on
Exhibit B.
he.... o - ,tin ....a.c.....k......r.i.o...... w. ........e......d. ...Le. s and a�-)re es 1h...a......t ........1.. undiiwy ]'() die I.n..i ,12r venlen, t S is s
ubi..e... ct
..........
to the issuaiice ofboiids bv the District for such purposes. hl accordancl- with tile tennis
-- .. ..... .... ......................... .
of the hidenture of Trust bv wh'ch the botids \,Nill be issued, the Bond Triistee will ser\%e
..... . ...... - ............. - ................... ....................... ... . ................... I- -1---t- .............................. .............
as custodiaii of' the boil d m-ocoeds to eiisure that such _jLroceeds are a plied for tile
Purp.o.......s.... es of fundirig, ...th..... l. i.n... f: igyy q-ip- e I ...t...s.... I.. .............. ......h..... e pKqccIqK by which flinds ar released
.............
involves [lie filhie of -`Qra-vN . Request, gether �Nyith related invqices with file Bond'
TYUSWC, The indelmire ol'Trtisl shall auth.orizing, the to submit
- ................. -- ........................ ................. .............. .......... --- ....................... ............ .............. --- ..........
1)ra�A Recf_qests to the Bond Trustee. it-, order to effectuate the Toy,-p's remedies to drayy
--- -- --- - I V1-
fwids f'or copsirtictifig the hilorovernents. hi the event of' a defaillt bV the 1)isirict
---- ............. I .......... ................... ---- . . .. . .......................... .. - ............. ............ ............ ............... - .................... -1-1--1111 -111--- 1 .... ............ - ............
heivwider, The TL)N o of tj
-v-ii aeFCCS 10 Use the -pL��eecj�j he Qit s - orily f'or the
tile costs of the �,,,,ements. and not to appk,, such ftaids I
......... . - .................. .............................. 1--- .. . ...... . ..... ..... .............. - ........... - ............. -
DUITOSCS not authorized in the Indenture ofTi-List.
The Funding Resolution specifically provides that. -sLflject to the t ruts of tine
hidenture of I' 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 interest bearing 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
SIA-Riverfront-I cin 3
the partial completion of itemized Improvements and upon fifteen (15) days' prior written
notice, which notice will include an itemized statement of the monthly payment, 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 ten percent (10%)
retainage of the value of the work completed may be reinstated if in the Town's opinion
the lack of progress or other substantial reasons exist. Subject to 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 as set forth in
paragraph 5 below the Town shall release any further interest in the Security Account.
(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 er
mde-i-after providing thirty (3 0) days' advance
written notice of default and providing a opportunity during such period for the District 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-e&4,-o--o4i.&Fv �e.
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.
Section 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 two (2) years 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. Five percent (5%) of the total actual cost
of completion of all Improvements shall be retained in the Security Account, or such
amount shall otherwise be secured by a letter of credit or other collateral acceptable to the
Town during such two (2) year period as a guaranty of performance of any work required
pursuant to the above described warranty. In the event any corrective work is performed
during the two-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 and an amount equal to
125% of the cost of any corrected work, as estimated by the Town, shall during such one-
year extension period be retained in the Security Account, or such amount shall otherwise
be secured by a letter of credit or other collateral acceptable to the Town, if sufficient
funds are not held in the Security Account or otherwise secured as provided in this
paragraph 4 above.
, <µ e niade in yht of wse re trjctiops on bond Ti
n the Indenture of -ust,
......... ..
SIA-Riverfront-I cIn
6. Engineering Opinion. Upon completion of portions of the Improvements,
the District will cause its engineers (who shall have been actively engaged in observing
the construction of the Improvements and be registered in the State of Colorado) to
provide a written opinion, in a form satisfactory to the Town Engineer, that based upon
on -site observation, review of sufficient construction - observation reports, field test
reports and material test reports and certifications by qualified personnel, the installation
of the Improvements, or portions thereof as may be completed from time to time, have
been completed, to the best of their knowledge and professional judgment, in
conformance with all standards, plans and specifications as submitted to and previously
approved by the Town, or the pertinent utility supplier, as depicted on the Approved
Plans, as such Approved Plans may be revised and subsequently approved. 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 engineer were addressed to their satisfaction prior to issuance of
engineer's opinion. Inspection reports, test results, as- constructed plans and other
supporting documentation shall be submitted with the engineer's opinion.
7. 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, if any, 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.
8. No Obligation of Town to Complete Improvements. The District agrees
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 any of the said Improvements or to issue
permits for development within the Subdivision and that thy- � I, its the ;�acf ise of
P d
Linder at -�
9. 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
a
Deleted lainuiage is already covered in P i a'1ri} h s 0 and 10, Hie 'District cannot IUt all, ar5zec to `allo,,v"
bond a., oce ds to b "plied for costs t1[_( L7 t Ictt,_ [d i €f:... 17 V _
SIA- Riverfront -I cln 5
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.
10. 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 the District of such default, during which
period of time the District fails to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
the Approved Plans. All such costs paid by the Town for such Improvements, together
with an administrative fee in the amount of fifteen percent (15 %) of total direct costs
including cost of personnel, equipment and other amounts expended by the Town in
furtherance of the construction responsibilities of the District, shall be paid by the
District 4. t1 1 1 re v mints hi-eh hn-A -/e
,;.
a o rneys' 6 es i -)r of ---In �o t:fie,.
4:6r o �he Town may bring a mandatory injunction action against the District to
require installation and construction of the Improvements. If any such action is brought
by the Town and the Town prevails in its legal action against the District, the Town shall
be awarded its court costs, attorneys' fees and an amount to compensate the Town for the
time of its employees in the preparation of and participation in such action.
11. Town Acceptance of Improvements.
(a) Procedures for Acceptance. Upon completion of all construction by the
District, the District's engineers shall submit a written request to the Town Engineer
stating that to the best of their knowledge the installation of all Improvements are
complete in accordance with the Approved Plans and requesting a joint inspection. Upon
receipt of such request the Town Engineer will schedule and perform a joint inspection
with the District's engineer. Following the joint inspection and review of all field
observation reports, test reports, material certifications and other documentation, the
Town Engineer will prepare a written Final Acceptance Punch List. The District shall
make all corrections as so itemized and upon completion of the Final Acceptance Punch
List work, the District's engineer shall submit to the Town Engineer a written request for
a joint inspection and final acceptance. Following a joint inspection with the District's
engineer and review of supporting documentation the Town Engineer will issue a revised
written Final Acceptance Punch List to the District and the same procedures as described
herein shall apply to such revised Final Acceptance Punch List. When the Town
Engineer finds the Final Acceptance Punch List Work has been satisfactorily completed a
Kh obli, Acion..cx cannot b called cat F a . the
Mortgaging of.& ublic p ..., and may not bt:..enforc.ea "Ifle fhis )n-- g ts the ...............
Gonte, t. but, t does 1 t fit J n the uis .o <a_L>o rl n1 ti 1 grit tt'.-
_..._ .... -I.
SIA- Riverfront -I cln
Resolution will be prepared for Town Council action making a determination that the
Improvements are complete and establishing the start of the warranty period. The
warranty period set forth in paragraph 5 above with respect to the Improvements shall
commence upon the date as set forth in the Town's Resolution making the determination
that the Final Acceptance Punch List has been satisfactorily completed.
(b) Letter Certifying Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired and provided that the District is not
in default under any of its other obligations to the Town, the Town agrees that it will
issue a letter, after consultation with the pertinent utility supplier if necessary, in
recordable form, certifying that all obligations of the District under this Agreement have
been satisfied.
12. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
13. 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.
14. Venue. Venue for any litigation arising out of this Agreement shall be in
the District Court for Eagle County, Colorado.
15. Notices. All notices, demands or other communications required or
permitted to be given hereunder shall be in writing and any and all such items shall be
deemed to have been duly delivered upon personal delivery; or as of the third business
day after mailing by United States mail, certified, return receipt requested, postage
prepaid, to the address set forth below; or as of 12:00 noon on the immediately following
business day after deposit with Federal Express or a similar overnight courier service, to
the address set forth below; or as of the third business hour (a business hour being one of
the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after
transmitting by facsimile to the number set forth below and evidenced by an electronic
delivery receipt:
If to the District:
White Bear and Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Jr., Esq.
District Counsel
Telephone: (303) 858-1800
Facsimile: (303) 858-1801
with a copy to:
SIA-Riverfrojit- I chi 7
If to the Town:
Wear, Travers & Perkins, P.C.
1000 South Frontage Road West
Suite 200
Vail, Colorado 81657
Attn: Richard D. Travers, Esq.
Telephone: (970) 476-7646
Facsimile: (970) 476-7118
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: John W. Dunn, Town Attorney
Telephone: (970) 748-6400
Facsimile: (970) 748-8881
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
ATTEST:
By:
Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
DISTRICT:
CONFLUENCE METROPOLITAN
DISTRICT
Eagle County, Colorado
By: _
Name:
Title:
S IA-Riverfront- I c1n
SIA- Riverfront -I cin
I�.'41it
Subdivision Improvements Agreement
APPROVED PLANS:
Construction Drawings
, Town of Avon, Colorado
,20
Sheets 1 through _
Release Date: , 20
Prepared by:
Technical Specifications
, Town of Avon, Colorado
, 20
Sheets 1 through
Release Date: 20
Prepared by:
sIA- Riverfront -Icln 10
EXHIBIT B
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
SIA- Riverfront -1 cln 1 1
EXHIBIT C
Subdivision Improvements Agreement
DISTRICT FUNDING RESOLUTION
SIA- Riverfront -I cJn 12
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into
between TOWN OF AVON (``the Town "), a municipal corporation, and EAST WEST RESORT
DEVELOPMENT XIV, L.P., L.L.L.P. (EWRD "), a Delaware limited partnership registered as a
limited liability limited partnership.
IffKayr.1m
EWRD has purchased from Vail Associates Investments, Inc. ( "VAI ") a parcel of
real property located in the south �/2 of the northwest '/4 of Section 12, Township 5 South, Range 82
West of the 6th Principal Meridian, Eagle County, Colorado, commonly known as "The
Confluence" ( "the Property "). On March 14, 2006, the Town Council of the Town approved an
Amended and Restated Development Agreement for The Confluence ( "the Development
Agreement "), which will now be replatted as Riverfront Subdivision.
Attached as Exhibit A is a Subdivision Improvements Agreement ( "SIA ") which has
been negotiated between the Town and the Confluence Metropolitan District ( "the District "), which
District shall be controlled by EWRD upon its acquisition of the Property. The SIA provides in
part that the construction of public improvements will be guaranteed by the adoption of a Funding
Resolution by the District. However, the District will lack the financial ability to do that prior to
the issuance of general obligation bonds, the proceeds of which will be used in part to pay for the
public improvements. The anticipated date for issuance of the bonds is approximately June 15,
2006.
EWRD desires to commence construction of public improvements prior to that date
and will be reimbursed by the District for the expenses incurred by it. The public improvements to
be constructed by it will include permitted demolition, excavation, grading and utility relocation
and installation. EWRD also desires to commence construction of a temporary sales office.
The preliminary plat for Riverfront Subdivision was approved by the Town Council
on March 14, 2006. AMC 16.24. 100 provides that no final plat may be recorded until the Council
has approved a subdivision improvements agreement, including a guarantee of the completion of
the public improvements. It is anticipated that Council will also approve the form of the SIA on
April 25, 2006 as part of its approval of this MOU. The Town will thereby agree that the adoption
of a Funding Resolution by the District will satisfy the security requirement of the SIA.
The purpose of this MOU is to bridge the gap between (a) the action of the Town
Council on April 25, 2006, and (b) the adoption of the Funding Resolution by the District, the
mutual execution of the SIA and recording of the final plat as described in this MOU below.
AGREEMENT OF THE PARTIES
1. Upon approval of this MOU by the Town Council, the Town will issue a grading
and excavation permit to EWRD, contingent upon compliance with Title 15, Avon Municipal
Code, and based upon the plans submitted with the preliminary plat, as approved by the Council as
part of the preliminary plat approval. The permit by its terms will be limited to excavation,
grading,utility relocation and installation and demolition of asphalt, guardrails, curb and gutter and
fencing, subject to all conditions of the permit. Upon issuance of this permit, EWRD may proceed
with the work authorized by the permit at its own risk, pending final approval of the plans for
public improvements as part of final plat approval, but no later July 15, 2006.
2. Upon approval of this MOU by the Town Council, the Town will issue a
building permit to EWRD for construction of a temporary sales office, contingent upon compliance
with Title 15, Avon Municipal Code; provided, however, (a) that no building permit will be issued
with respect to same until EWRD has satisfied its obligations to the Town with respect to water as
contained in Section 3.5(g) of the Development Agreement, and (b) that no certificate of occupancy
will be issued with respect to such office until the requirements of Paragraph 3 below are met and
the final plat has been recorded. The permit by its terms will be limited to a temporary sales office
and shall be subject to all conditions of the permit. Upon issuance of this permit, EWRD may
proceed with the work authorized by the permit at its own risk, pending final approval of the plat,
but no later July 15, 2006.
3. EWRD will cause the District to approve the SIA and adopt the Funding
Resolution promptly after the District's issuance of its general obligation bonds. Upon such
adoption of the Funding Resolution and approval of the SIA by the District, the District and the
Town shall mutually execute the SIA in the form attached hereto as Exhibit A. The parties
acknowledge and agree that the gondola to be constructed is not to be part of the "Improvements"
as defined in the SIA and, as such, will not be secured under the SIA and that the Town will issue
permits, if any, as required for the installation of same.
4. No further building permits will be issued until the requirements of Paragraph 2
hereof are met and the final plat has been recorded.
5. Pending the District's approval and signing of the SIA, EWRD will provide to
the Town a cash restoration bond in the amount of $500,000 to guarantee restoration of the
Property in the event the SIA is not entered into by the District by July 15, 2006. Upon signing of
the SIA,adoption of the Funding Resolution and recording of the final plat, the cash restoration
bond shall be released to EWRD.
6. This MOU shall not be effective until closing of EWRD's purchase of the
Property from VAI or EWRD has otherwise been granted written authorization from VAI to
commence construction of the public improvements on the Property.
7. Nothing contained herein shall be interpreted as relieving EWRD of any of its
obligations pursuant to the Development Agreement including, without limitation, its obligation
with respect to the dedication of water rights.
TOWN OF AVON
IN
Date
EAST WEST RESORT DEVELOPMENT XIV,
L.P., L.L.L.P., a Delaware limited partnership
registered as a limited liability limited partnership
By: HF HOLDING CORP.
a Colorado corporation,
its General Partner
By:
Date
I J� L:41 I me
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Norman Wood, Town Engineer�
r
Jeffrey Schneider, Engineer II
Date:
April 19, 2006
Re: Resolution No. 06 -19, Approving the Final Plat, A Resubdivision of Lot 42A,
Block 4, Wildridge, Town of Avon, Eagle County, Colorado
(5101 Longsun Lane)
Summary: Andy Schifanelli, owner of Lot 42A, Block 4, Wildridge Subdivision, has
submitted a Final Plat to resubdivide Lot 42A, Block 4, Wildridge Subdivision, Town of
Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating
Duplex lots '42A -W' and '42A -E,' with street addresses of 5105 -W and 5101 -E Longsun
Lane, respectively. The Subdivision is in general conformance with Title 16 of the Avon
Municipal Code, Subdivisions.
Recommendation: Staff recommends approval of Resolution No. 06 -19, Series of
2006, A Resolution Approving the Final Plat, a Resubdivision of Lot 42A, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado, subject to technical corrections as
identified by Staff.
Recommended Motion: I move to approve Resolution No. 06 -19, Series of
2006, A Resolution Approving the Final Plat, a Resubdivision of Lot 42A, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado, subject to technical corrections as
identified by Staff.
Town Manager Comments:
Attachments:
Exhibit 1: Resolution No. 06 -19
Exhibit 2: Final Plat
Exhibit 3: Aerial Photo - Lot 42A, Block 4, Wildridge
I: iEno �ineer •ingisubdivision�Wildridgcl 42A 134 WR Final Plat Memo.doc
• Page 2
RESOLUTION NO. 06 -19
SERIES OF 2006
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 42A,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Andy Schifanelli has submitted a Final Plat for a Resubdivision of Lot 42A, Block
4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; 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, COLORADO that the Final Plat for a Resubdivision of Lot 42A, 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 staff.
ADOPTED THIS DAY OF , 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
C: iDocuments and Settings inwoodlLocal Settings�Temporary Internet FilesIOLK231L42A B4 6VR Res 06 -19 Final Plardoc
FOUND No. 5 REBAR
WITH A 1" RED PLASTIC CAP
L.S. No. 25626
RADIUS - 175.00'
DELTA = 24'44'32"
ARC 75.57'
TANGENT = 38.38'
CHORD = 74.98'
BRG = N53'12'48 "E
FOUND No. 5 REBAR
WITH A 1 1/2' ALUMINUM CAP
L.S. N. 30091
1T� S
L�'0. 16.25
T 3
R� '
' EASEMENT
(RED
N. 802643)
f
1
T34j52w'/ 1
5/ o
0
BUILDING SETBACK
FOUND N. 5 RE13AR
NTH A 1 1/2" ALUMINUM CAP
LS. No. 30091
LOT 42B —E
FINAL PLAT
A RESUBDIVISION OF LOT 42A
A RESUBDI VI SI ON OF LOTS 42 AND 43, BLOCK 4, W I LDRI DGE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
LE: 1' - 1000'
LAITY MAP
GG RADIUS = 123.84'
..,v DELTA 47'48'14"
P\ ARC = 103,32'
�.` TANGENT = 54.68'
CHORD - 100.35'
G�J �Ov BRG = N64'38'20 "E
LAND USE SUMMARY
PARCEL AREA USE ADDRESS
LOT 42AE 0.373 AC. RESIDENTIAL -1.2 DUPLEX UNIT 5101 -E LONGSUN LANE
LOT 42A-W 0,237 AC. RESIDENTIAL - 12 DUPLEX UNIT Stm- WLONGSUN LANE
.610 AC.
$�i -� I
/ \11' ! i
' LOT 42A —E !
0.373 ACRES I
/'/ 5101E
\ i
Gore Range
Surveying,LLC
- R06ax 15
A—, ,co, 61.00
;g10) 479.,598 > fax 14701 479 -0455
FINAL PLAT
A RESUBDIVISION OF LOT 42A
A RESUBDI VI SI ON OF LOTS 42 AND 43, BLOCK 4, W I LDRI DGE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
LE: 1' - 1000'
LAITY MAP
GG RADIUS = 123.84'
..,v DELTA 47'48'14"
P\ ARC = 103,32'
�.` TANGENT = 54.68'
CHORD - 100.35'
G�J �Ov BRG = N64'38'20 "E
LAND USE SUMMARY
PARCEL AREA USE ADDRESS
LOT 42AE 0.373 AC. RESIDENTIAL -1.2 DUPLEX UNIT 5101 -E LONGSUN LANE
LOT 42A-W 0,237 AC. RESIDENTIAL - 12 DUPLEX UNIT Stm- WLONGSUN LANE
.610 AC.
$�i -� I
/ \11' ! i
' LOT 42A —E !
0.373 ACRES I
/'/ 5101E
\ i
i
REAC7EDD'RY RNE S PLAT)
28.40' I
I
1 / j
$�i -� I
/ \11' ! i
' LOT 42A —E !
0.373 ACRES I
/'/ 5101E
\ i
i
REAC7EDD'RY RNE S PLAT)
28.40' I
I
1 / j
j
11.1Ir '
Ci. 1
'
- P
1 1 -
PROPERTY LINE FOLLOWS
CENTER OF PARTY WALL
10.00 -
�9^ ;) \ DUPLEX SSTRUCTURE
1
LOT 42A —W
�S94if, \��`\ `
` 0
1)
If
FOUND No. 5 REBAR \;.\
WITH A 1 1/2" ALUMINUM CAP w /
L.S. No. 30091
\ \ /
UTILITY & DRAINAGE EASEMENT \ '\
FOUND No. 5 REBAR
WITH A 1 1/2" ALUMINUM CAP
LS No. 30091
FOUND N. 5 REBAR
WITH A11/2' 1/2" ALUMINUM CAP
LS, No. 5447
SLOPE MAINTENANCE, DRAINAGE AND
SNOW STORAGE EASEMENT
V A
Q
W
r •
0,.t
•
FOUND No. 5 REBAR
WITH A 1" RED PLASTIC CAP
L.S. No. 26626
RADIUS = 325.00'
DELTA = 2913'34"
ARC = 165.78'
TANGENT = 84.74'
CHORD = 163.99'
BRG S13'05'16 "W
GRAPHIC SCALE
o
e m
( IN FEET )
1 inch = 20 ft
Certificate of Dedication and Ownership
Know, all men by these presents that TS Properties, Inc., a Colorado corporation, being sole owner in fee
simple of all that teat property described as follows:
Lot 42A, A Resubdivision of Lots 42 and 43, Block 4, Wildridge, per the plat thereof recorded July 26, 2002
at Reception Number 802643 in the office of the Eagle County Clerk and Recorder,
and containing 0.610 acres more or less; has by these presents laid -out, platted and subdivided the same
into Lots and Blocks as shown hereon and designate the same as A Resubdivieron of Lot42A, Block 4,
Widridge, Town of Avon, County of Eagle, State of Colorado and dedicate for pti)[ic use the streets shown
herein including avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon; and the utility
and drainage easements shown hereon for utility and drainage purposes only; and do further state that this
subdivision shall be subject to the Protective Covenants filed and recorded for this Subdivision in the office
of the Clerk and Recorder of Eagle County, Colorado, as Document Number
EXECUTED this day of . A.D., 20 .
Owner. TS Properties, Inc. Address: PO Box 4443
a Colorado corporation Eagle. CO 81631
By:
Title:
STATE OF )
COUNTY OF )
The foregoing Certificate of Dedication and Ownership was acknowledged before me this By of
A.D., 20 by as of TS
Properties, Inc., a Colorado corporation.
My Commission expires:
Witness my hand and official seal.
Notary Public
Title Certificate
First American Heritage Title Company does hereby certify that It has examined the title to all lands shown
upon this plat and that title to such lands is vested in TS Properties, Inc., a Colorado corporation free and
clear of all liens, encumbrances, taxes and assessments except as follows:
Dated this day of A.D., 20
Agent signature
=61=10
Community Development
Surveyor's Certificate
I, Samuel H. Ecker, do hereby certify that 1 am a Registered land Sulwyor licensed under the
laws of the State of Colorado, that this Plat is a true, correct and complete Plat of A ResubdMision of Lot
42B, Block 4, Wildridge, Town of Avon, County of Eagle, State of Colorado, as laid out platted, dedicated
and shown hereon, that such plat was made from an accurate survey of said property by me and under my
supervision and correctly shows the location and dimensions of the lots, easements and sheets of said
subdivision as the same are staked upon the ground in compliance with applicable regulations govemirg
the subdivision of land. All monuments are set as required by the Subdivision Regulations of the Town of
Avon.
In Witness Whereof, I have set my hand and seat this _ day of A.D., 20_
Samuel H. Edw
Colorado P.L.S. No. 30091
GENERALNOTES
1) DATE OF SURVEY: JANUARY, 2006
2) BEARMOS BASED UPON THE LINE CONNECTING THE MONUMENTS FOUND MARIONG THE WESTERNMOST
BOUNDARY OF SAID LOT 42A. BEING NOS"B93'W (SEE DRAWING).
3) MONUMENTATION AS INDICATED HEREON.
4) THE SOLE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOT 42A, TO CREATE LOTS 42r+•E AND 42A-W, AND THE ACCESS
EASEMENT SHOWN HEREON.
5) THE ACCESS EASEMENT CREATED BY THIS PLAT IS EXCLUSIVELY FOR THE BENEFITOF LOTS 4 E AND 42r W.
6) GORE RANGE SURVEYING LLC DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESrABL19H
OWNERSHIP, EASEMENTS OR RIGHTS OF WAY OF RECORD. RECORD DOCUMENTS UTk2ED IN THE PREPARATION OF
THIS PLAT WERE PROVIDED BY FIRST AMERICAN HERITAGE TITLE COMPANY, COMMITMENT No.615-HOO449104/PETO,
DATED MARCH 25, 2005.
7) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTON
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
8) LOTS 42A-E AND 42A-01 ARE SUBJECT TO PROTECTIVE COVENANTS OF W6.DRIDGE SUBDIVISION RECORDED JULY
12, 1979 M BOOK 288 AT PAGE 123 AND THE FIRST AMENDMENT THERETO RECORDED JUNE 2. 19BO IN BOOK 30,3 AT
PAGE 465 AND AMENDMENT RECORDED OCTOBER 8, 1981 IN BOOK 330 AT PAGE 77 AND AMENDMENT RECORDED
SEPTEMBER 4,19U IN BOOK 345 AT PAGE 844.
9) THE LOTS CREATED BY THIS PLAT ARE SUBJECT TO THE PARTY WALL AGREEMENT AND DECLARATION OF
COVENANTS, CONDITIONS FOR RESERVATIONS FOP A RESUBDIVISOi OFLOT 42A. BLO[:K4, WIDRIDGE, TOWN OF
AVON, EAGLE COUNTY, STATE OF COLORADO RECORDED AT RECEPTION NUMBER_,
10) THE LOTS CREATED BY THIS PLAT MAY NOT BE CONVERTED INTO TIMESHARING UNITS
Town Certificate
This Plat, uses, densities, standards and definitions are approved by the Town Council of the Town of
Avon, County of Eagle, State of Colorado this _ day of A.D. °n_ for Ming
with the Clerk and Recorder of the County of Eagle and for conveyance to the Town of Avon of the public
dedications shown hereon subject to the provision that approval in no way obligates the To— of Avon for
financing or constructing of improvements on lands, streets, or easements dedicated except as specifically
agreed to by the Town Council and further that said approval shall in no way obligate the Town of Awn for
maintenance of streets unfit construction of improvements thereon shall have been completed to the
satisfaction of the' own Council. Approval of this plat by the Town is a consent only and h not to be
wnstrued as an approval of the technical correctness of this plat or any documentation rela8ng thereto.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON
TOWN COUNCIL OF THE TOWN OF AVON
Mayor
Town Clerk
Certificate of Taxes Paid
I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as
of upon all parcels of real estate described on this plat are paid in full. Dated this
day of A.D., 20_
Eagle County Treasurer
Clerk and Recorder's Certificate
This Plat was filed for record in the Office of the Clark and Recorder at_ o'clock_, on this
day of .20,___ and is duly recorded at Reception No.
Clark and Recorder
D
DKArT
eputy
SE are 01/26/2005
SE , - ,04- 2lfkesub
.ate �: 04 -2f0 sNrr 1 a 1
Wildridge - Lot 42A �Itl-m;vlr 3
�C
Feet
0 75 150
Lot 42A
Property Boundaries
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 11, 2006
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road' Avon,
Colorado in the Council Chambers.
K48yO[ Ron Wolfe C@|hed the meeting b} order Ed5:3O PM. /\ Rd| C8U was taken and Council
members present were Debbie Buokey, Khsti Fernaro, Mac McDevitt, /\nly Phillips, Brian Sipes,
and Tamng Nottingham Underwood. Also present were Town Manager Lorry Broohe, Town
Attorney John [>UOO' Asst. TOVVO &4aOgge[ J@CqUie Ha|bU[Ot, T0VvO Clerk Patty MCKeOOy,
Finance Director Scott Wright, TOVVD Engineer N0[OO VVOOd, Pub|iCVVOrhS/Tn3DSit Director Bob
Reed and Community Development Dinac[or-Fmmbi Katieb, as well as members of the press
and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST
Mayor Wolfe noted one addition tothe agenda; the summer bus service discussion would be
added to {}[her Business. l[oxvn Attorney John Dunn asked if there were any conflicts to the
PUD hearing on Lot 44 & Lot 45 or any ex porte contact with respect to the Village at Avon
8pp|ic8dOO On the preliminary subdivision plat. Councilor Sipes Doted that in the past he had a
conflict Of interest with the Village at Avon; however his firm is no /OOge[ under contract with
TnoerCnsek. RP LLC.
CITIZEN AND COMMUNITY INPUT
Drew Dodd, President of American National Bank, presented 8 check for the Title Sponsor to
Salute to the U.S.A. Debbie Comerford with the Eagle Valley High School 2006 project
graduation made a request for bus service for this event. Meryl Jacobs, Recreation Director,
outlined what the town does for Battle Mountain's project graduation. There was consensus to
provide the service tOthe group at cost. COUOCi| 8Uih0[iZ8d this expenditure in the G0OUnt Of
the COS[ of providing the service. Jeremy with ABA thanked council for their support with the
confluence project &hOpes business climate will continue to improve. He also asked Council tD
continue researching the cluster box mail delivery.
ORDINANCES
Mayor Wolfe noted the process for decision making on this subject Dl8ttO[, noting the business
actions that address the topic. Matt Pie|StiCk8r' TOVVD Planner, presented {}nd/n8OCB 08-01,
Series of 2006, on First Reading, An Ordinance Approving An Amendment To lFheVVi|dridg8
Planned Unit Development (PUD) For Lot 44And Lot 45, Block 4, VVi|d[idg8 Subdivision, T-OVvD
of Avon, Eagle County, Colorado. He noted that this PUD amendment is m request to a||oxv for
three (detached) single-family residences in place ofatwo duplex structures at the location of
5123 & 5128 Long Gun Lane. This application was remanded back tothe Planning & Zoning
CODl0iSSi0n VO January 24, 2006. He explained the application in detail and noted that the
P&Z Commission voted [O deny the application OO April 4.2OOO. They noted that the application
was in conflict with 8 number nfpolicies and guidelines outlined in Avon's Comprehensive P|8O
and Zoning Code (see memo for exp|onodona). Applicant 8enn Eokert, representing owners of
Lots 44 &45. addressed the COUOCi| with regard to the 8pp|iC8U0D. He spoke about the d0xvD
zoning app|iC@bOOG approved by the Town. Mayor Wolfe opened the public hearing and the
following people spoke:
,/ Chris Green made several comments about the application related to developable rights,
precedence of the decisions, and public benefit aspect of the request
`/
Sam Eckert spoke again on the topics Vf public benefit, the buildings, height
Mayor Wolfe closed the public hearing. Council comments were made addressing some of the
fOUOxViDg topics:
�
If the design review criteria were followed closely when evaluating the 8pplicatiOD, it
does not comply with some Of that criteria
/ Concerned about building 0O lower side Of the property
No DlObOO was made OO Ordinance 06-01' Series of 2006, on First Reading, An Ordinance
Approving An Amendment l-O The VVi|dridge P|@OOgd Unit [}eVe|opnneD[ (PUD) For Lot 44And
Lot 45, Block 4' VVi|dridge Subdivision, Town of Avon, Eagle County, Colorado.
COUDCi|O[ Sipes moved to approve Resolution NO. 08-08. Series of 2006, Resolution Denying
the Amendment to the VVi|dridge Planned Unit Development for Lot 44 & Lot 45, Block 4'
VVi|d[idQe Subdivision, Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion
and it passed with 8 five tO one vote (Buckley O@y).
Councilor Sipes moved to approve F7eSO|UtiVO NO. 08-05' Series of 2006, A F<eS0|uUon [)8Dy|Dg
Preliminary Subdivision Plan For FleSUbdivisiOO Of Lots 44 & 45. Block 4, VVi|dhdge, Town Of
Avon, Eagle {|OUOty. Colorado. Councilor Ferraro seconded the motion and it passed with 8
five tO one vote (Buckley n8«).
John C}UDO' TOVVD Attorney, presented Ordinance No. 06-05' Series of 2008' VD first reading, An
Ordinance Amending Chaote[8.32'7-b|e 8, Avon MUOiC/p8/ C0d8, Relating TO The Protection Of
Wildlife And Providing Penalties For The Violation Hereof. He explained the proposed revisions
to the existing ordinance that were suggested by the Police Department in hopes of helping with
enforcement 0f this legislation. After some discussion, it was noted that for second reading staff
present a redraft of the entire section that addresses the curbside aspect of the legislation,
adopt with direction tOtown attorney to make the corrections.
CVuOCi|O[ F8rn3nJ moved to approve C}PdiD8nCe N0. 06-05' Series of 2006, On first reading, An
Ordinance Amending Ch8oter8.32'TiUe 8, AVOO Municipal COd8, Relating T0 The Protection Of
Wildlife And Providing Penalties For The Violation Hereof with suggested amendments
addressing the curbside issue. Mayor Pro Tern Underwood seconded the motion and i[passed
unanimously.
RESOLUTIONS
Norm Wood, Town Engineer, presented ReSO|UbOA 06-14, A Resolution Approving Preliminary
Subdivision Plan for The Village (@t Avon) Filing 4. TOvxO of Avon, Eagle C0UO[y, Colorado. He
noted that T[Ger Creek RP LLC'S application will create G right-of-way for the inst@|/8UOO Of @
water service OO8iO and fUtUPB public road, a Site for @ two nli||iOO gallon potable vx8t8[ storage
tank and drainage easements for natural steam flow & wetland mitigation. After 8 review ofthe
application by staff, Dominic yN@u[ie||o. representing Tr8er Creek RP LL{| reviewed the
8pp|iC8bOD, noting that this application establishes 8 water tank OO the hillside. He F8v(8VVed the
history on the project, original PU[} map, proposed water tank gpeoe, proposed road specs,
grading aspects of road & [@Dk 8nB8. retaining VVGUS surrounding water tank, PU[J build Out area
with emergency service district sites, park area, etc. Council asked numerous questions related
tO the following topics:
~/ VVeU@OdS mitigation !oC@iiOOS — current |0C@tiOD was chosen b8C@USe of the least
amount Df disturbance required
/
Explained the premise for the design 0f the tank, tOspread
/ AddnaesedduotmiUgaiionp|anaforiheaneo — provieioneareinc|uded
Procedure OD the subdivision application —Vxhy SiOp OO showing where the road is
propoeed —
Regu|arCvunci|Meedng Page 2m4
April 11, 2006
V The parcel will need tobe[esubdivided before any development occurs
,/ Why is a road being Subdivided only, why are not other areas being addressed in this
subdivision
why not identify what is taking place iOthe other areas /8 piecemeal approach
/
Difficult tO evaluate without having more Ofthe areas proposed
Would like more information because of the public benefit and impact of those parcels in
that area
Concern about losing some Of the park —8[ the time Of subdividing filing 3
,/ Design of the tank in not appealing to the public & inconsistent with the level Of design
the village has showed with other projects, why not bury the tank, were other locations
for the tank identified — behind buffalo ridge
Mayor opened the public hearing and the following people commented:
�
Lynn Schorer, Engineering Manager for Eagle Rive[ Water & Sanitation District
commented on the water tank noting that it has met the district's requirements and does
provide a public benefit. ER\8/QD vv0U/d like to get the tank CODStnJ{ted and is not
concerned with the visual impacts Ofit.
Mayor Wolfe dOSBd the public hearing. He asked for either 8 DlVtinO to approve Or nnOtiOD to
table the application. K8@yOr Fzn} Tern Underwood moved to deny Resolution 00-14. a
ReSO|UUOD Approving Preliminary Subdivision Plan for The Village (Et Avon) Filing 4' Town of
Avon, Eagle County, Colorado for the following reasons:
Violates the comprehensive Plan
v'
Filing 4 not suitable for the described use
No information provided regarding surrounding land use compatibility
{|oUnCi|OF Underwood noted that she vvOU|d entertain "tabling the motion" if the applicant would
request such tabling. [>OrniniC M@Urie||o' representing the applicant, requested 8 table Of this
resolution. Councilor Phillips moved to table Resolution 08-14. 3 Resolution Approving
Preliminary Subdivision F'/@D for The Village (3t Avon) Filing 4, TVvxO Of AvOn, Eagle County,
Colorado noting some of the following reasons for denial and requests of information for further
consideration Of this application:
~/ Not supportive of the constructed Wetlands FDiUg8d0n; could be improved Upon;
requested Depiction Of what the wetlands ponds would look like
"' Not supportive of aesthetics /ViSu8| impact of the large water tank; requested better
depiction of what the tank will look with landscape, what does the tank |O0h like Gcn]G9
the valley; what is the future n7Gd alignment of road CODliOQ down that area
Concerned with grading & level Vf cuts adjacent to the parks
,/ {|OOCe[ned with aCiU@| acreage of the park; requested documentation with final size of
p@[hS
`/ The analysis made with Avon's Comprehensive Plan was not adequate
/ Need more information OOthe compatibility with surrounding land uses
Provide a landscape plan for the area
P|8O more of Filing 4' not just the right-Of-vv8y, the water t8Dh and vvet|GOdS; show the
road & subdivide filing 4; show hOxv the parcels interact with each Other; need G big
picture of this project
Councilor McDevitt seconded the motion and it passed unanimously. Clarification was made On
the road right Of way measurement.
NBw BUSINESS
Gerry Flynn, President, Eag|ebeDdAffO[d8b|e Housing Corporation "EB/\HC" and part owner of
Polar Star Properties (manager of the property) addressed the Council with regard to the current
status of the Emg(ebend housing project; he provided a fiD@DCi8| update as well. He noted that
Regular Council Meeting Page a«r^
April 11, 2006
there might be an opportunity to refund some bonds in the near future. He spoke of the capital
projects the reserves have been able to fund. He requested Council to consider using the
affordable housing funds provided for by the Gates Project [nbeUSedOOi0pn]viDgtheUDitSat
Eag|eBeDd. After COuOCU deliberation and in light of the earlier work SeSSiOO diSCUSSiVn on
8ffOPd@b|e housing, the Council agreed they should wait to Dl8hB any decisions until further
study has been made of all OD1iODS for funding @ffOnd@b|e housing for residents of Avon and
Eagle County.
OTHER BUSINESS
Transit Director Bob Reed presented the proposed bus routes that included service to the
Village at Avon area. DiSCUSSi0D ensued on v8hoUS ideas for routes and COUnCj/ noted their
support of extending the service. Councilor Buckley moved to direct staff to COrne back with 8
budget amendment addressing the new bus service. Councilor Sipes seconded the motion and
/t passed unanimously. Councilor McDevitt directed staff to talk to Traer Creek immediately and
give them the option Of joining the T0vvO of Avon in funding this service. Town Manager Larry
Brooks stated for the record his support Df Council's action on this topic.
Councilor McDevitt raised the topic Of recent odor problems in Avon. H spoke with several
people at Eagle River Water & Sanitation Disthct, who have noted that there have been staff
tr@OSiUOOS and in summary they have lost the recipe to solving this odor problem. Discussion
ensued about how the town needs [obe more diligent iO reporting this problem.
TOWN ATTORNEY REPORT
A brief discussion was held regarding whether or not that there has been any response from
Tr2er Creek Metro District OD the Town's request for financial iOfOOn@UDO; Finance Director
Scott Wright noted that there has been noresponse.
CONSENT AGENDA
Mayor Wolfe asked for a DlOtiOD OO the [}nnSeDt Agenda below. COuOCi/O[ Buckley moved to
adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from March 14. 2006 Meeting
b. Service Agreement with Beaver Creek Metro District (Bob Reed, Transit Director)
c Presenting Sponsorship Agreement for American National Bank - Salute to U.S.A.
There being no further business to come before the Council, the regular meeting adjourned at
S PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
KriSbFeDra0
Mac McDevitt
Amy Phillips
Brian Sipes
T80[8Und9nw0od
Ron Wolfe
Regular Council Meeting
April 11, 2006
Page 4nf4
TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD APRIL 11, 2006
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5:15 PM at the Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado. A roll call was taken and Board members of the Authority present were Ron Wolfe as
Chairperson, and Board members Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips,
Brian Sipes and Tamra Underwood.
RENEWAL OF HOTEL I RESTAURANT LIQUOR LICENSE
a. Applicant: Masato's Inc. d/b/a Masato's Restaurant
Manager: Masato Okamato
Location: 240 Chapel Place, Bldg C., Avon, CO
Staff noted that the renewal application materials were in order. The applicant was not present.
The form addressing any smoking ban problems was completed with the materials and noted
there have not been any problems at the establishment. Board member Ferraro moved to
approve the Hotel / Restaurant Liquor License for Masato's Inc. d/b/a Masato's Restaurant.
Board member Sipes seconded and the motion passed unanimously.
There being no further business to come before the Board, the meeting adjourned at 5:20 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny
Recording Secretary for the Local Liquor Licensing Authority
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 25 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEBBIE BUCKLEY
KRIS'n FERRARO
MAC McDEVITT
Amy PHILLIPS
BRIAN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY McKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT
THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
WORK SESSION AGENDA
MEETING BEGINS AT 11:15 AM
11:15AM-1:15PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) pursuant to CRS 24-6 -
402(4)(b) conference with attorney for the local public body for the purpose of
receiving legal advice on specific legal questions, specifically further
discussion of Confluence Water Rights Negotiation, Legal Subcommittee
Update, including recommendations regarding criteria and conditions for PUD
Amendments; discussion of pending Traer Creek application for subdivision
approval; and possible Traer Creek application for relocation of school site
1:15 PM — 1:45 PM 2. APPROVAL OF WORK SESSION AGENDA& COUNCIL ASSIGNMENT UPDATES
a. Battle Mountain Scholarship Awards (Mayor Wolfe) Review of Battle
Mountain Senior Student's application for Town of Avon award
1:45 PM — 4:00 PM 3.
Planning & Zoning Commission Interviews
Six Planning & Zoning Commission positions
applications
were received and interviews will
will be made at the Regular Meeting
1:50 PM
Paul Anderson
2:00 PM
Bob Bloczynski
2:10 PM
Jim Buckner
2:20 PM
Dave Dantas
2:30 PM
Jason Denhart
2:40 PM
Chris Evans
2:50 PM
Julia Foster
3:00 PM
Todd Goulding
3:10 PM
Andrew Lane
3:20 PM
Michael Rodenak
3:30 PM
Terry Smith
3:40 PM
Phil Struve
3:50 PM
Council Discussion
available May 1, 2006; twelve
be conducted. Appointments
Avon Council Meeting. 06.04.25
Page 1 of 5
To: Avon Mayor & Town Council
cc: Larry Brooks, Jacquie Halburnt
From: Patty McKenny, Town Clerk
Date: April 20, 2006
Re: Town of Avon - Battle Mountain High School Scholarships
Summary: The Town Council will award the Battle Mountain Scholarship monies (a fund started by
former Mayor Buz Reynolds, Jr.) to one female & one male student graduating form Battle Mountain
High School in May 2006. Three student applications (one female & two male students) that meet
all the criteria are included in the confidential envelope in your Council Notebook.
Previous Council Action: Town Council adopted the attached Resolution 03-02 in January 2003.
Background: The Resolution created a Town of Avon Battle Mountain High School Scholarship
Fund so that two $1000 scholarships would be awarded to two graduating seniors, one male & one
female. The primary criteria for selecting these applicants are outlined in the resolution & are as
follows:
To be eligible for the scholarship, the student must be one of the following:
1. an employee of the Town of Avon or the child of an employee employed for at least two
years by the Town;
2. the child of a resident of the Town of Avon who has been a resident of the Town for at least
two years.
The student must also:
1. have attained at least one varsity letter, and
2. must have a grade point average of 3.75.
3. The student is not required to be a U.S. citizen.
4. The scholarship shall be based on need,
And finally, the Town Council shall select the recipients of this award.
Last year during the selection process, Council agreed that one other criterion should be used in
evaluating the applications, as follows: Must show some type of "community participation". Since
this is the last year for awarding these scholarships, the resolution was not brought back for revision.
However, the Council may consider applying this criterion to the process this year.
The Town works through The Youth Foundation in this selection process since it's role is to
coordinate a uniform student application submittal and then monitor the matching of scholarship
funds to the students.
Discussion: Susie Davis has forwarded three applications included in your packet as meeting all
the criteria. Only one female met all the criteria; two male students have met the criteria (see the
names listed below). Please note this material was included in your packet as confidential because
of the financial information provided by the students' families.
The awards ceremony will be held Tuesday night, May 16th beginning at 7 PM at the Vilar Center.
The Mayor will be Avon's representative to attend that evening to award the scholarships.
Financial Implications: The balance of these funds will be depleted with this year's award.
Attachments:
✓ Student Applications
Ll'l1= il._I_L�J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, AICP Community Development Dir r
Date: April 18, 2006
Re: Planning & Zoning Commission Interviews
Summary:
Staff has received twelve applications for six Planning & Zoning Commission positions available
May 1St, 2006. These openings are available by way of term expirations and one member that is
required to be reconsidered as a result of moving from Avon (Jim Buckner). Christy D'Agostino has
not reapplied for reconsideration as a result of her move to Eagle.
I've attached both Commissioner Terms and the 2005 -2006 Attendance records for your review. Also
attached for reference is a copy of the Town Code requirements for membership to the Commission,
which places priority on selecting a balanced group of industry professional and lay community.
Following is a summary of the twelve applicants you will interview today and their backgrounds, as
well as the background of our continuing member- Chris Green:
Chris Evans
Vice President/Operations Manager for Evans Chaffee Construction Group
(Construction) / Resident
Terry Smith
HP /Compaq Management (Computer Industry) / Resident
Phil Struve
Retired (Technology Management) / Resident
Dave Dantas
President of Dantas Builders (Construction) / Resident
W. Todd Gouldling
Project Manager VRDC (Real Estate Development) / Resident
Andrew Lane
Architect with Zehren and Associates (Architecture) / Resident
Michael Rodenak
Architect with Zehren and Associates (Architecture) / Resident
Bob Bloczynski
Production Coordinator VMDA (Architecture) / Resident
Jim Buckner
Architect with Davis & Assoc. (Architecture)/ Non - Resident
Paul Anderson
Professional Engineer with Marcin Engineering (Engineer) / Resident
Jason W. Denhart
Events Coordinator with Bravo (Special Events) / Resident
FACounci1\MEM0S\2006\P&Z Interviews 42506.doc
Julia Baumgarten Foster Cultural Development Manager VVF / Non- Resident
Chris Green Architect (Architecture) f Resident
Interviews begin at 1.45 and each interview is scheduled for 10 minutes as outlined in you work -
session meeting agenda.
Background: The Planning and Zoning Commission effectively serves as a traditional Planning
Commission, Zoning Board of Adjustment (i.e. Variances), as well as the Design Review Board. The
Commission is also charged with adopting the Comprehensive Plan, which as endorsed by the Town
Council, provides plans and objectives for the physical development of the Town.
The recently revised Town Code that states both the purpose and objectives of the Commission are
attached to this memo for your consideration. Planning and Zoning Commission terms are for two (2)
years.
Discussion: Considering the variety of duties that a Commissioner is charged with as your
appointed policy body, staff recommends that you treat each interview consistently and at the
minimum request responses to the following basic questions:
- What do you feel are the biggest issues facing the Town of Avon as they relate to land use?
What is your "vision' ' for the Town?
- Why do you want to be a Planning Commissioner? What skills and talents can you bring to
the Commission?
- What do you know about the Town's Comprehensive Plan? What role does that plan have in
guiding the future of the City? What are the key priorities of the draft plan currently?
- In your personal opinion, why are rules of procedure important? Why is it important to treat
each applicant fairly?
- What purpose do approval criteria serve for zoning applications? What purpose do they serve
for design review applications?
We would recommend that you follow this basic set of questions with anything else that will be
helpful in determining which candidates you feel are qualified for appointment. Each applicant will
be interviewed separately with the chambers closed to the public during the interview.
Financial Implications: There are no new financial obligations with appointment of Planning
and Zoning Commissioners. They are compensated $75 per each meeting attended and served dinner,
as well as receiving a limited benefits package (recreation pass, deferred compensation). The costs
incurred by the Planning and Zoning Commission are included in the yearly budget.
Recommendation: Staff recommends you conduct interviews of the twelve candidates and,
after deliberation and discussion, appoint four of six Commissioners to serve a 2 year term and two for
the Commissioners to serve a one year term so we are back on a more practical rotation schedule.
Town Manager Comments:
FACounci1\MEMOS\2006 \P&Z
Town Manager Comments:
Attachments:
A: Applications received
B: Chapter 2.16 of Avon Municipal Code (Planning & Zoning Commission)
C: Existing Commissioner Attendance Record and Terms
FACouncillMEMOS\2006\P&Z Interviews 42506.doc
Administration and Personnel — Municipal EXHIBIT B Section 2.08.100
subject to the approval of the Town Council. The CHAPTER 2.16
clerk shall have and carry out such duties as are
delegated to him or her by law, court rules or the Planning and Zoning Commission
presiding Municipal Judge.
2.16.010 Establishment and purpose.
(b) All fines, costs and other funds collected or
received by the Municipal Court shall be reported
and paid monthly by the clerk to whomever the
Mayor or Town Manager, if there be one, shall
designate. The clerk shall further keep such records
and reports as designated by the Mayor or Town
Manager, if there be one.
(c) The clerk shall be compensated according to
a predetermined salary schedule and shall be paid on
the same pay schedule as other regular, full -time
employees of the Town. (Ord. 02 -04 §2(part); Ord.
01 -02 § 1; Ord. 79 -8 § 10)
2.08.110 Schedule of fines.
The Municipal Court is authorized to establish a
schedule of fines to be imposed for the following
violations:
8.24.040 Keeping junk
8.24.042 Parking and driving in designated areas
8.24.045 Weeds
8.24.050
Depositing waste material
8.24.065
Driveways must be paved
8.24.070
Spilling loads on highways prohibited
8.24.085
Limitation of construction activity
8.24.100
Ice and snow overhangs and
accumulations
8.24.110
Ice and snow on sidewalk, public
passageway or parking area
10.04.040
Violations — Penalties
15.08.025
Cleanup during construction
15.08.300
Violations
15.12.060
Violations
15.20.110
Violation
15.24.110
Violation
17.12.030
Permit requirement
17.12.07013
Violations — Penalties and remedies
(Ord. 02 -08 §11)
2 -3
Supp. 6
(a) There is hereby established a Planning and
Zoning Commission of the Town.
(b) The purposes of the Planning and Zoning
Commission. are as follows:
(1) To guide and accomplish a coordinated,
adjusted and harmonious development of the
municipality and its environs, which will, in
accordance with present and future needs, best
promote health, safety, morals, order,
convenience, prosperity and general welfare, as
well as efficiency and economy in the process
of development, including, among other things,
adequate provision for traffic, the promotion of
safety from fire, floodwaters and other dangers,
adequate provision for light and air, the
promotion of healthful and convenient
distribution of population, the promotion of
good civic design and arrangement, wise and
efficient expenditure of public funds and the
adequate provision of public utilities and other
public requirements;
(2) To secure safety from fire, panic, flood-
waters and other dangers; to promote health and
general welfare; to provide adequate light and
air; to prevent the overcrowding of land; to
avoid undue concentration of population; and to
facilitate the adequate provision of
transportation, water, sewerage, schools, parks
and other public requirements;
(3) To preserve the natural beauty of the
Town's site and setting, to prevent
indiscriminate clearing of property, removal of
trees and earthmoving, and to attain the
objectives set out in this Chapter through design
review of the exterior design of all new
structures and property development and
additions to all existing structures and property
development.
Administration and Personnel — Planning and Zoning Commission Section 2.16.010
(c) The objectives of the design review County means the County of Eagle,
function of the Planning and Zoning Commission Colorado.
shall be as follows:
(1) To prevent excessive or unsightly grad-
ing of property which could cause disruption of
natural watercourses or scar natural landforms;
(2) To ensure that the location and configu-
ration of structures, including signs and signage,
are visually harmonious with their sites and with
surrounding sites and structures and that there
shall be conformance to the master plan of
record of the Town;
(3) To ensure that the architectural design
of structures and their materials and colors are
visually harmonious with the Town's overall
appearance, with surrounding development,
with natural and existing landforms and with
officially approved development plans, if any,
for the areas in which the structures are
proposed to be located;
(4) To ensure that plans for the landscaping
of property and open spaces conform with the
rules and regulations as prescribed by the Town
and by this Chapter and to provide visually
pleasing settings for structures on the same site
and on adjoining and nearby sites. (Ord. 83 -11
§ 1(Part))
2.16.020 Definitions:
Certain terms as used in this Chapter are defined
in this Section. The Commission shall define such
other terms as necessary to be used in its rules and
regulations.
Clerk means the Town Clerk of the Town.
Commission means the Planning and Zoning
Commission of the Town.
Council means the elected Town Council of
the Town.
2 -4
Supp. 6
Town means the Town of Avon, Colorado.
(Ord. 83 -11 § 1(part))
2.16.030 Created — membership — terms.
(a) Effective the first day of May, 1983, there
is created a Planning and Zoning Commission of
the Town composed of seven (7) members
appointed by the Town Council, to which is
delegated the powers and duties to administer this
Chapter.
(b) The term Planning and Zoning
Commission shall be deemed to refer to the full
seven - member Commission, which Commission
shall fulfill all duties and have all powers now or
hereafter delegated to either the Planning and
Zoning Commission of the Town or the Design
Review Board of the Town.
(c) Effective the first day of May, 1983, the
existence of the independent Design Review Board
of the Town heretofore created is terminated;
provided, however, that all matters pending before
the Design Review Board on such date shall fall
within the jurisdiction of the Planning and Zoning
Commission, and the rules and regulations of the
Design Review Board shall be the rules and
regulations of the Commission until modified by
the Commission and approved by the Town
Council.
(d) Because of its dual role as both a Planning
Commission and a Design Review Authority, it is
recognized that a balance in the membership is
necessary between the lay community and industry
professionals (architects, landscape architects,
designers, real estate developers and/or contrac-
tors). Registered electors residing in the County
shall be eligible for appointment, but at least five
(5) members shall be registered electors of the
Town at the time of their appointment to the
Administration and Personnel — Planning and Zoning Commission
Commission. Appointments shall be made first to
maintain the balance between industry profession-
als and the lay community (it is recommended that
a minimum of two [2] to three [3] industry
professionals hold positions on the Commission at
all times and that two [2] of these professionals be
architects, landscape architects or designers) and
then by the following criteria in descending order:
Section 2.16.030
term, provided he or she continues to reside in the
County. A member of the Commission may be
removed for misconduct, including but not limited
to repeated absence from meetings or violation of
the Town's code of ethics. In the event a vacancy
occurs, the Town Council shall appoint a successor
to fill the vacancy and serve the remainder of the
term of the former member. Ord. 05 -06 §2; Ord.
94 -9 §2; Ord. 83 -11 §l(part))
(1) Registered electors of the Town shall be
preferred over persons who are not registered 2.16.050 Compensation.
electors.
(2) Persons who own real property or a
business within the Town shall be preferred
over persons who do not.
(3) Persons having special skills and experi-
ence of particular value to the Commission shall
be preferred over persons who do not.
(e) The term of office for a member shall be
two (2) years on an overlapping tenure; provided,
however, that of the members initially appointed,
three (3) members shall serve for terms of one (1)
year and four (4) members shall serve for terms of
two (2) years, respectively, and after the expiration
of the initial terms, each member subsequently
appointed shall serve for a term of two (2) years.
(Ord. 05 -06 §1; Ord. 94 -9 §1; Ord. 83 -31 §1; Ord.
83 -11 §1(part)
2.16.040 Vacancies.
A vacancy on the Planning and Zoning Com-
mission shall occur whenever a member of the
Commission is removed by the Town Council,
dies, becomes incapacitated and unable to perform
his or her duties for a period of ninety (90) days,
resigns, ceases to be a registered elector of the
Town or is convicted of a felony. A member of the
Commission who ceases to possess the qualifica-
tions for office possessed by him or her at the time
of his or her appointment may be permitted by the
Town Council to serve until the end of his or her
2 -5
Supp. 6
All members of the Commission shall serve
with compensation at the rate of seventy -five
dollars ($75.00) per each attended meeting, not to
exceed one hundred fifty dollars ($150.00) per
month, and be reimbursed for all authorized
personal expenses incurred while performing duties
as a Commission member. (Ord. 96 -2)
2.16.060 Organization.
The Commission shall select its own chairman,
a vice chairman and a secretary from among its
members. The chairman or, in his or her absence,
the vice chairman, shall be the presiding officer of
its meeting. In the absence of both the chairman
and the vice chairman from a meeting, the
members present shall appoint a member to serve
as acting chairman at the meeting. All meetings
shall be held at the offices of the Town, unless
otherwise specified, with adequate notice given to
all interested parties. Four (4) members shall
constitute a quorum for the transaction of business,
but in the absence of a quorum, a lesser number
shall adjourn any meeting to a later time or date
and in the absence of all members, any staff
member shall adjourn any meeting to a later time or
date. (Ord. 83 -11 § 1(part))
2.16.070 Rules of procedure.
The Commission shall operate in accordance
with its own rules of procedure as provided for in
Section 11.2 of the Town Charter. The rules shall
be filed with the Town Clerk and maintained in the
Administration and Personnel — Planning and Zoning Commission
records of the Town and shall be subject to public
inspection; provided, however, that the
Commission shall submit its proposed rules or any
amendment thereto to the Town Council, which by
motion shall approve the rules or amendment and
direct their adoption by the Commission, or
disapprove the proposal with directions for revision
and resubmission. (Ord. 83 -11 § 1(part))
2.16.080 Authority to retain consultants.
The Commission is authorized to retain the ser-
vices of one (1) or more consultants, provided
funds have been appropriated by the Town for said
purpose, to advise and assist the Commission in
performing the functions prescribed in this Chapter.
The consultants may be retained to advise the
commission on a single project, on a number of
projects, or on a continuing basis. (Ord. 83 -11
§ 1(part))
2.16.090 Meetings.
The Planning and Zoning Commission shall
meet in accordance with the rules of procedure
governing the Commission, and otherwise upon the
call of the chairman, or in the absence of the
chairman, by the vice chairman. Meetings shall be
called sufficiently frequently that the procedure
prescribed in this Chapter shall commence within
thirty (30) days of submission of all materials
required by this Code. (Ord. 83 -11 §1(part))
2.16.100 Staff.
The Planning Director shall serve as the staff of
the Commission, and shall provide for the service
of a recording secretary, who shall act in the
capacity of secretary for the Commission for the
purpose of receiving applications and other
material for consideration for the Commission.
(Ord. 83 -11 § 1(part))
2.16.110 Duties of the Commission.
The Planning and Zoning Commission shall
have the following functions and duties:
2 -6
Supp. 6
Section 2.16.070
(1) To make and recommend to the Town
Council plans for the physical development of
the Town, including any areas outside its
boundaries, subject to the approval of the
legislative or governing body having jurisdic-
tion thereof, which in the Commission's
judgment bear relation to the planning of the
Town. The plan, with the accompanying maps,
plats, charts and, descriptive matter, shall show
the Commission's recommendations for the
development of the subject territory;
(2) To review and recommend to the Town
Council desirable or necessary modifications to
the zoning ordinance, with appropriate regula-
tions, which may be specifically provided or
required by ordinance of the Town;
(3) To review and recommend to the Town
Council desirable or necessary modifications to
the subdivision regulations, as may be provided
or required by ordinance of the Town;
(4) To review and approve design review
procedures and criteria as they relate to the
zoning ordinance;
(5) To review and comment on programs
and studies of planning issues for the Town and
its environs;
(6) To conduct research and appropriate
studies of planning issues for the Town and its
environs;
(7)_ To act_ as the Design Review Board of
the Town and to perform all duties and exercise
all powers assigned to the Design Review Board
of the Town;
(8) To consider any other matters pertaining
to the Commission as provided by law,
resolution or ordinance, and to act in an
advisory capacity to the Town Council when so
requested, and to perform all other powers and
duties authorized and required by ordinance or
state law;
Administration and Personnel — Planning and Zoning Commission Section 2.16.110
(9) To review and approve, disapprove or
conditionally approve design of all proposed
structures in the Town, based upon criteria and
procedures determined necessary for the health,
safety and welfare of the residents of the Town
and approved by the Town Council. The Town
shall not authorize site preparation, building
construction, sign erection or application,
exterior alteration or enlargement of an existing
structure or paving, fencing, planting or other
improvements of open space unless design
approval has been granted as prescribed in this
Chapter. (Ord. 83 -11 § 1(part))
2.16.120 Performance bonding.
If the Commission determines such action is
necessary to protect the health, safety and welfare
of the residents of the Town, prior to issuing
approval of any application, the Commission may
require permittee to submit, prior to obtaining a
building permit, a letter of credit, surety bond or
other adequate security, in a form and an amount
acceptable to the Town, guaranteeing to the Town
the compliance with all requirements of the
Commission, or regulations or ordinances of the
Town. It is not the intention of this provision that
duplicate bonding be a requirement. (Ord. 83 -11
§ I (per))
2.16.130 Material to be submitted.
(a) The Commission shall adopt rules and
regulations for the submission of applications,
materials and information requiring action by the
Commission. The rules and regulations shall -
include procedures, schedules, content and
quantities of materials to be submitted.
(b) The owner or authorized agent of any pro-
posed project requiring action by the Commission
shall submit all of the required material and infor-
mation in accordance with the rules and regulations
of the Commission. Any application found incom-
plete shall not come before the Commission. (Ord.
83 -11 § 1(part))
2 -6a
Supp. 6
Administration & Personnel — Planning and Zoning Commission
2.16.140 Variances.
The Commission may provide for certain vari-
ances, exceptions and exemptions from the
requirements of its riles and regulations. (Ord. 83-
11 § 1(part))
2.16.150 Fees.
The Town Council shall establish a schedule
sufficient to cover the cost of Town staff time, con-
sultant's fees, public notices ° and incidental
expenses of the Commission. (Ord. 83 -11 § 1(part))
2.16.160 Appeal to Town Council.
(a) Appeal of any decision of the Planning and
Zoning Commission shall be governed by the pro-
visions of this Section.
(b) Decisions of the Planning and Zoning
Commission may be appealed to the Town Council
by the applicant or any interested person or may be
reviewed at the request of a majority of the Town
Council at any time before the decision becomes
final. An interested person is an adjacent property
owner or a person entitled to have notice of the
hearing mailed to him or her in association with the
action of the Commission.
(c) Within five (5) working days following
action of the Planning and Zoning Commission,
notification of its decision shall be deposited in the
United States mail to the applicant and his or her
designated agent. The decision shall become final
unless a written appeal or request for review by the
Mayor is received by the Town Clerk within fifteen
(15) days of the decision of the Planning and Zon-
ing Commission.
(d) Not more than thirty (30) days following
the filing of an appeal, or the request for review by
the Town Council, the Town Council shall review
the action of the Planning and Zoning Commission.
The Town Council shall, in writing, confirm, mod-
ify or reverse the decision of the Commission
within thirty (30) days following the commence-
ment of review. If it deems insufficient informa-
tion is. available to provide the basis for a sound
decision, the Town Council may postpone final
2 -7
Supp. 4
Section 2.16.140
action for not more than thirty (30) additional days.
Failure of the Town Council to act within thirty
(30) additional days shall be deemed action con -
finning the decision of the Commission unless the
applicant consents to a time extension. Action of
the Town Council shall become final immediately.
(e) Any decision by the Town Council which
results in action modifying or reversing the deci-
sion of the Planning and Zoning Commission shall
specifically describe the reasons therefor.
(f) Any appeal must be presented to the Town
Clerk at the Town office, and each appeal must be
accompanied by a processing fee of fifty dollars
($50.00). (Ord. 04 -07 § §1 -5, Ord. 92 -12 §1; Ord.
83 -11 § 1(part))
2.16.170 Lapse of approval.
Approval of an application of any nature except
zoning shall lapse and shall become void two (2)
years following the date of final approval of the
application prescribed by ordinance, unless, prior to
the expiration of two (2) years, a building permit
based upon such approval is issued and construc-
tion is commenced and diligently pursued toward
completion. (Ord. 83 -11 § 1(part))
CHAPTER 2.20
Board of Building Appeals
2.20.010 Establishment – membership –
compensation – Town Clerk to act as
secretary.
(a) There is established the Board of Building
Appeals, which shall consist, until the Town Coun-
cil otherwise determines by ordinance, of the com-
plete and entire membership of the Town Council.
(b) Each member of the Board of Building
Appeals shall be compensated in the amount of
twenty -five dollars ($25.00) for each meeting
attended, unless that meeting is held immediately
before or immediately after a regular or special
EXHIBIT G
CURRENT PLANNING AND ZONING COMMISSION TERMS
MEMBER
ELECTED -LAST RENEWAL
TERM EXPIRATION
Tim Savage
5/1/04
5/1/06
Chris Evans
1/1/97- 5/1/02 - 5/1/04
5/1/06
Phil Struve
5/1/04
5/1/06
Terry Smith
5/1/02 - 5/1/04
5/1/06
Christopher Green
6/1/05
5/1/07
James Buckner
6/1/05
5/1/07
*Christy D'Agostino 6/1/05 5/1/07
*Members who have moved out of Avon. Re- review required in May 06.
PAST MEMBERS
Paul Klein
5/1/98 - 5/1/00
5/1/02
Greg Macik
5/1/98 - 5/1/02
5/1/03
Ron Wolfe
5/1/01- 11/16/02
5/1/03
Brian Sipes
10/20/98 - 5/1/02
5/1/02
Michael McClinton
5/1/01- 3/18/03
3/18/03
Ron Neville
5/1/03 - 5/1/04
5/1/04
Pat Him
10/20/98- 5/1/04
5/1/04
Bob Trueblood
3/18/03= 05/1/05
3/31/05
Andrew Karow
5/1/96 - 5/1/03
6/1/05
Buz Didier
11/16/02 - 5/1/03
6/1/05
NOTES:
Terms are for two years only, subject to renewal by Council, effective the first.day of
May 1983.
-Brian Sipes filled Council vacancy by Rick Cuny in 2002/ Elected to Council on
11/16/02 / Remainder of his term filled by Patrick Him.
-Ron Wolfe was elected to Council on 11/16/02 / Remainder of his term filled by Buz
Didier.
-Bob Trueblood filled vacancy by Mike McClinton and Bob resigned 3/31/05
Ron Neville filled vacancy by Greg Macik
2005 - 2006 PLANNING AND ZONING COMMISSION
ATTENDENCES
MEMBER
MEETING ATTENDENCE
Tim Savage
(24/30)
Chris Evans
(27/30)
Phil Struve
(30/30)
Terry Smith
(28/30)
Christopher Green
(18/20)
James Buckner
(13/20)
Christy D'Agostino
(17/20)
PERCENT PRESENT
80%
90%
100%
93%
90%
65%
85%
11C�uL�7
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Pielsticker, Planne
Tambi Katieb, Community Development Directo�
Dale April 18, 2006
Re- East Avon - Joint Work Session with Planning & Zoning Commission
Summary:
The primary goal of this joint Work Session is to revisit the East Avon concepts from the
updated Comprehensive Plan, and to discuss the opportunities that lie in the future
development and redevelopment of this area. East Avon (or Town Center East District)
area is defined as the area east of Avon Road between the railroad tracks, Village at Avon,
and Interstate 70.
This planning effort was identified as a high priority in the update Comprehensive plan, and
it envisions the redevelopment of several older properties, potential infill development,
design of a new streetscape that may include realignment of several roads and an
enhanced pedestrian experience. The primary goal of the plan is to steer the future
develop and redevelopment of this area in a coordinated manner with both public and
private partnerships to create a cohesive and well-designed environment.
Staff will present a brief PowerPoint presentation during this Work Session that will be
followed by open discussion with the Planning and Zoning Commission. Staff would
anticipate public input from both property and business owners in the Community.
The objective of this meeting is to open dialogue and to receive direction from Council as to
how this process should evolve. There seems to be a high sense of urgency to do begin
this planning process since approval of the Confluence project and the resulting resurgence
of real estate activity in the area as it relates to underdeveloped properties.
Staff has already been approached with redevelopment concepts for select East Avon
parcels. Without clear direction in the form of a Master Plan similar to that put together for
the West Town Center District, it is difficult to fully understand these concepts without
looking at the big picture and what the Town envisions for the area as a whole. There
should be a strong emphasis on the public/private partnerships during this process since
the Town is one of the largest land owners in East Avon.
Memo to Town Council, April 25, 2006 Work Session Page 1 of 2
Re: East Avon
Attached to this Memo is an aerial map showing the East Avon planning area, as identified
during the Comprehensive Planning process.
Town Manager Comments:
Attachment:
East Avon Aerial
Memo to Town Council, April 25, 2006 Work Session Page 2 of 2
Re: East Avon
To: Honorable Mayor & Town Council
Through: Larry Brooks, Town Manager
From: Meryl Jacobs, Director of Recreation
Danita Chirchillio, Special Events Coordinator
Date: April 17, 2006
Re: 2006 Schedule of Events
Summary: Attached for your review is the Town of Avon's schedule of special events
for the 2006 calendar year. Staff is busy preparing for the upcoming event season. We
hope to see you and your families out in the field this summer!
2006 CALENDAR OF AVON'S SPECIAL EVENTS
April 8: THE EGG HUNT IN "ON
Come out from 10-12:00p.m.for the largest egg hunt with lots of gifts, games, and even a
petting zoo! Meet the bunny and take a photo. FREE
Sunday, May 21: PROJECT GRADUATION
Full facility rental for Battle Mountain High School. A parent's committee rents the Recreation
Center and turns it into safe environment for graduating high school students to host party.
The event is operational at1O:OOp.nn. and commences at2:OUa.mn.
Saturday, May 27: OPENING DAY NOTTINGHAM LOG CABIN
Avon will welcome in summer on this holiday weekend with the opening of the Log Cabin.
Paddleboats and sports equipment rentals will be available throughout the season.
Sunday, June 18: NOTTINGHAM LAKE FISHING DERBY
Just in time for father's day, children under 15 are invited to get out and enjoy free fishing by
entering in the annual Fishing derby at Nottingham Lake. The Town of Avon, Holy Cross, Ea!|e
Ranger Oistridsand the Colorado Division ofVVi|d|ife sponsor the event. AUnnitedyupp|yof
-
FAEE fishing poles will beavailable!
June 23: 911 TRAINING CAMP FOR KIDS
This free event will introduce youth ages 9-11tothe Emergency Medical Service
agencies in Eagle County. Activities will include an introduction to water safety and rescue,
swimming/lifesaving techniques, CPR and first aid, traffic and fire safety and a self-
defense/personal protection class. Sign Up at Avon Rec Center.
May 30—August 2S: SOMETHING FUN SUMMER DAY CAMP
This year's camp, open to5-12 year olds, will run S days a week from 7:3Oa.mn.-5:15p.rn.
Activities will include swimming, paddle boating, tennis, group sports and more. Various field
trips will be scheduled weekly throughout the summer.
June 19-22 and June 26—June 30:VAIL LACROSSE SHOOTOUlFTOURNAMENT
One of the most prestigious annual Club Lacrosse Tournaments in the world. A number ofthe
games are played in Avon's in Nottingham Park from June 26-28; the tournament runs through
July 4. Details are on vvvvw.vaiUacnoyse.cono.
Monday, July 3: AMERICAN NATIONAL BANKS SALUTE TO THE USA
Over 10,000 shells explode in the sky above Avon during Colorado Rockies largest display that is
choreographed toa musical score simulcast on local radio. But that's not all. The ccertand
children activities begin at 5:00 and vendors are open selling food and drink. The grand finale
fireworks display kicks-off at 9/45 over Nottingham Lake.
Saturday, July 8: TRIPLE BYPASS BICYCLE TOUR
The T.B.B.T tour is a 120 mile ride with over 10,000 feet of elevation gain. And yet, over ],OUU
riders dare it every year. It starts in Evergreen and climbs over Squaw Pass to Idaho Springy
and on into Georgetown. From there it climbs over Loveland Pass to Frisco, and over Vail Pass to
the finish line in Avon at Nottingham Park.
July 14-16: THUNDERBIRD ARTS FESTIVAL
This 'uried ads festival exhibits in outdoor settings throughout Arizona, Colorado and California.
The show features paintings in all mediums, batiks, mixed media, clay, copper and stone
sculptures, etched and stained glass, pottery & more. Wine tasting and food have been added to
the event in the last two years as well.
Saturday, July 22: ANGELS IN ACTION
This race is to benefit Crissa Lea Swimford Memorail Scholarship Fund. The 5K race is a timed
event as well as fun run /walk. Starting in Nottingham Park and continuing down the bike path
and returning to the finish line in Nottingham Park.
Friday, July 21, 28 & August 4, 11, 18, 25 *: AVON'S LAKESIDE CINEMA
Gather friends and family and stretch out on Nottingham Field and for Avon's New Lakeside
Cinema. Each week a large screen will be erected and classics and favorite films will be shown at
dark. Vendors will have concessions.
Wednesday, July 26 and Thursday, July 27: AMERICAN CROWN CIRCUS
This Circus is great family entertainment. The bilingual MC's take the audience on a tour of
acrobats, jugglers, aerialists, balancers and clowns. No exotic animals.
Friday, August 11— Sunday, August, 13: AVON ANTIQUE SHOW
Three days of antiques in Nottingham Park, including furniture, rugs, art and jewelry vendors.
Tuesday, October 31: FALL FUN NIGHT
Come out to Nottingham Park for games, treats and prizes galore. Fall Fun night is a community -
minded, non -scary alternative for Halloween activities. Made possible through local churches.
Friday, November 17: TURKEY SHOOT OUT
Kids shoot hoops to win a FREE TURKEY.
Saturday, December 16: ICING ON THE LAKE
Celebrate winter opening day at the Log Cabin with $1 skate rentals, children's entertainment
and crafts, hot cocoa and goodies! Snowflake Stomp for kids too!
* August 25 Lakeside Cinema is tentative
L IL= ilJ1•J
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, town Engineer"
Date: April 19, 2006
Re: Whitewater Park & RICD Application Update. (MEMO ONLY)
Summary: We requested an extension of time through Gary Greer, for the Public
Hearing before the CWCB. The hearing schedule has not been set at this time but should be
at one of the July, September or November meetings with September or November being
most likely dates. Part of the request for the extension was to try and work out design details
with CWCB Staff prior to the Public Hearing to try and eliminate any issues with design prior
to construction of the facilities. Based on the attached e -mail (Exhibit 1) forwarded by Jason
Carey, it appears that our proposed design is generally acceptable to the CWCB Staff.
Hopefully this will eliminate these issues from the Public Hearing and provide confidence for
moving forward with construction of the facilities prior to having the RICD in place.
We have the Eagle County Floodplain Permit in hand and we expect to have the Corps of
Engineers 404 Permit in the near future. The only comments received in the 404 Permit
Hearing process were from the Environmental Protection Agency and I believe those have
now been addressed.
I expect to meet with Jason the first part of Ma
schedule. The current proposed schedule is:
Complete Construction & Bid Documents
Advertise for Bids
Bid Opening
Award Contract
Construction
y to discuss construction documents and
June 13, 2006
June 22 through July 6, 2006
July 14, 2006
July 25, 2006
August 7 through October 31, 2006
L \Enginee6ng \C[P \R[CD \1.0 Administration \l.l CorrespondenceACouncil Update Memo.Doc
At this time it appears that the acquisition of Easements from Vail Resorts and related entities
is the outstanding issue with the most potential for delaying construction of the project. The
required documents were forwarded to their legal department in January, but John has had
little success with follow up contacts and requests for action.
Town Manager Comments:
Attachments: Exhibit 1 - CWCB Internal Staff e -mail
1:AEngineering \CIP \RICD \I.0 Administration \1.1 CorrespondenceACouncil Update Memo.Doc 2
CW[B [omments.txt
From: Browning, Tom [mailto:Tom.8rowning@state.co.us]
Sent: Friday, April 14. 2006 02:03 Pm
To: 'Greg'' ]ason.carey@riverrestoration.org' 'Kowalski, Ted', 'Seaholm. Randy'
Subject: RE: Town of Avon RZ[D
Randy and Ted,
Regarding the proposed KIO} on the Eagle River at Avon. Z met with ]asnn Carey
an � Greg Espegren on April 12th in my office to discuss the boating course plans
and to review the technical work completed in support of the project. Although Z
have not performed an exhaustive review of all information and modeling
available for this pro'cct. Z was able to ascertain a significant amount of
information during the meeting and truly appreciated the cooperation and
conscientious efforts on the part of the Applicant and Applicant's Engineer. My
review obviously does not guarantee anything with respect to actual performance
of the course once constructed, but my review does focus on the pertinent
factors with respect to evaluating the KICD for the water rights application. my
comments are;
The Applicant has fully complied with the requirement to obtain a "floodplain
development permit" from the local governing authority for this project. The
Applicant's Engineer has appropriately demonstrated through proper hydraulic
modeling that the boating course dues not adversely impact flooding, flood
control, or the I00-year floodplain. The latest floodplain information for the
Eagle River (recently developed by the [W[B and local partners} was utilized
as the basis for the floodplain modeling. I have no objections regarding flood
impacts from the boat chutes.
The Applicant's Engineer has completed stability analyses to demonstrate that
the proposed structures will not move, topple' or degrade under the conditions
studied. Scour computations were done to estimate scour potential and to
assist in the design of the structures. Proper engineering design and analyses
have been conducted to reasonably demonstrate that the boat chutes will remain
intact for a variety of flows, up to and including the 100-year flood flow. Z
have no objection to the stability aspects of the boat chutes.
The Applicant's Engineer has completed technical analyses to evaluate maximum
shear stresses that the proposed structures would be subject to during various
flow rates. up to and including the I00-year flood flow. The boulders/rocks
for the structures have been sized accordingly to meet engineering standards
for longevity and stability. In addition, reasonable precautions have been
used in the design to key-in the rock structures to the channel banks and
channel bed. Z have no objections regarding the approach used to size the rock
and to design the boat chutes.
I have not evaluated the flow rates requested with respect to the recreational
experience sought, however the Applicant's Engineer has studied the hydraulic
conditions under which recreational waves, eddies, and other hydraulic
features would be present at each structure (Bob Sr.. Bob ]r. and Baby Bob)
for the flows requested. Also, there was a conscious effort to design features
that increase the efficiency of the water used for recreational purposes,
especially compared to the natural conditions that exist at two of the sites.
Z have no immediate objections regarding the river hydraulics with respect to
course efficiency and recreational intent. however Z am not the ultimate
authority on this issue and the CW[8 may desire to obtain an an expert opinion
from an outside vendor on this matter.
Please let me know if you have any comments or questions regarding my review of
the materials presented for the Avon KZ[D.
Regards.
TOM
FINANCIAL MATTERS
April 25, 2006
1. YTD Building Revenue Report Actual vs Budget - March 2006
2. Detail - Real Estate Transfer Taxes - March 2006
3. Accomodations Tax Worksheet Actual vs Budget - February 2006
4. Sales Tax Worksheet Actual vs Budget - February 2006
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Real Estate Transfer Tax
Calendar Year 2006
Purchaser Name
Property
Amount Received
February
$ 299 572 88
1st American Heritage
Falcon Pointe Timeshare
15.00
1 st American Heritage
Falcon Pointe Timeshare
15.00
1 st American Heritage
Falcon Pointe Timeshare
15.00
1 st American Heritage
Falcon Pointe Timeshare
40.00
1 st American Heritage
Falcon Pointe Timeshare
50.00
1 st American Heritage
Falcon Pointe Timeshare
60.00
1 st American Heritage
Falcon Pointe Timeshare
60.00
1 st American Heritage
Falcon Pointe Timeshare
65.00
1 st American Heritage
Falcon Pointe Timeshare
70.00
1 st American Heritage
Falcon Pointe Timeshare
130.00
Title Comp Rockies
Mtn. Vista 06 -06
9,294.38
Title Comp Rockies
Mtn. Vista 06 -07
6,433.80
Title Comp Rockies
Mtn. Vista 06 -08
2,579.50
Title Comp Rockies
Mtn. Vista 06 -10
6,059.40
Title Comp Rockies
Mtn. Vista 06 -11
3,939.10
Title Comp Rockies
Mtn. Vista 1416 Week 17
20.00
Land Title Guarantee
Mtn. Vista 1514 Week 10
278.00
Title Comp Rockies
Mtn. Vista 1606 Week 3
300.00
Title Comp Rockies
Lakeside Terrace 06 -11
300.00
Title Comp Rockies
Lakeside Terrace B -404/ 50
574.80
Title Comp Rockies
Lakeside Terrace B -403
380.00
William Eric Vold
Sunridge @ Avon A -109
5,140.00
Sondra Slappey
Sunridge @ Avon A -303
5,380.00
Steven & Theresa Bjerklie
Sunridge @ Avon A -307
5,500.00
Douglas Thea
Sunridge @ Avon C -108
5,000.00
Eric Norton
Sunridge @ Avon II D -203
940.00
Michele Dewine
Sunridge @ Avon II D -203
940.00
Robert & Sandra Helt
610 Beaver Creek Blvd B -10
9,820.00
Keneth C. Schneider Family LLP
Lot 67 Blk 1 BMBC
17,000.00
Aniceto Quinones
Benchmark Condos C -19
2,920.00
Gene F. Fitzgerald
Rushmer Townhome II E
9,797.00
John & Brendan Wills
Buck Creek Condo 401
1,280.00
Daniel Goldstein
Chapel Square B -333
6,180.00
Bush & Payson
Canyon Run D -203
13,600.00
Chad Anderson & Shawna Hodul
Lot 24 -B Blk 2 Wildridge
12,290.00
Total March Revenue
126,465.98
Total YTD Revenue
426,038.86
Total 2006 Budget
2,500,000.00
Variance, Favorable (Unfavorable)
$ (2,073,961.14)
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