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TC Council Packet 05-09-2006TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MAY 9,200&G AvoN MUNICIPAL BUILDING, 400BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT5:3U[»RA 1' CALL TO ORDER AND ROLL CAL 2. APPROVAL OF AGENDA 3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4' CITIZEN AND COMMUNITY INPUT 5. INTRODUCTION OF NEW POLICE CHIEF, BRIAN KOZAK G' ORDINANCES a. Public Hearing Ordinance No. 06-08. Series of 2000. Second Reading. An Ordinance /\DleOdiDQ Title 8, K8UDiCipG| Code of the TOvvO of Avon, Defining Building Activity, DeC|@hDg Abandoned Building Activity a Public Nuisance, and Providing Penalties For Abandonment /-T8Olbi K@tieb, CODlDlUniiy Development Director) the proposed amendment is intended to expand the ability of the Town to provide abatement for abandoned construction activity b. Public Hearing on Ordinance No. 08-07. Series of 2008. Second Reeding. An Ordinance Amending Titles 12 And 16, Municipal Code Of The Town Of Avon, To Increase Any Guarantee Of Public |DlprOveDleDtS 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 Ordinance No. 00-08' Series Of 2000. First Reading, C}Pdin8nC8 Amending Title 3. Avon K8unirjp8| Code CODCerDiOA The Public Accommodations Tax And Real Property Transfer Tax To Provide Credit Against Such -[@xeS Due If Certain Public |rnpnJmennent Fees Have Been Paid In CODDeCtiOD With The Development KOOVVO AS The C0Of|u8OCe (John Dunn. Town Attorney) Proposed credit against the real estate transfer tax and the public accommodations tax under certain oircumstanoes, allowing for implementation of the approved Amended and Restated Development Agreement and Facilities Operation Agreement for the Confluence Project d. [}ndiO8DQB NO. 08-09. Series Of 2008, First Reading, An Ordinance Amending Chapter 17.14. Title 17' /\V0O Municipal CVde, Relating T0Vested Property Rights (John Dunn. Town Attorney) Amendments to vested property rights chapter that are related to changes in state statutes e. Ordinance NO. 06-10' Series Of 2006. First Reading, An Ordinance Amending Titles 16 And 17. Avon &4uDi[jpG| Code, Relating 7o Applications For Development And Subdivision Approval And Erection Or Construction Of Improvements (John Dunn. Town Attorney) Revisions toCode related to development agreement applications 7' RESOLUTIONS @. Resolution NV. 08-20. Series Of 2006. ReSO|UtiOD approving Agreement for Dedication Of Augmentation VV8te[ and Related VV@Le[ Rights for the Confluence (Norm Wood, Town Engineer) Agreement establishes a maximum development level (458.55 Single Family Equivalents, SFE's) for the Confluence project b� Resolution NO. 06-21, Series of 2006, Resolution approving Amendment t0 Restated \8/8te[ Lease and Supplemental Water Lease between the Town of Avon and Upper Eagle Regional Water Authority for the Provision Of VV8tBr Service for the TOVVO Of /\VOD. Eagle COUDtv. Colorado (Norm Wood, Town Engineer) Approvals of water service to the Confluence project by LIERWA & East West Resort Development X|V.LP.LLLP. C. Resolution NO. 06-23. Series of 2006, ReSO|UUUD to Amend the 2006 TOvVO of Avon Budget Amendment (Scott Wright, Finance Director) Budget amendment to the Transit Enterprise Fund Avon Council Meeting. 06.05.09 Page ox,4 TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MAY 9,2006 AVON MUNICIPAL BUILDING, 400BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS Kr5:30F»OO RESOLUTIONS -CONTINUED d. Resolution NO. 06-24, Series of 2006, RHSO|Uti0p approving the Final Plat, /\ ReSubdiviSiOn of Lot 68, Block 3' VVi|dridge Subdivision, -[0wO Of Avon, Eagle County. Co|On3dO (Norm Wood, Town Engineer) Developer submitted afina| plat to nesubdividethe property creating duplex lots 68AQ S8B. address 423SVVi|dhdge Road East 8' NEW BUSINESS 9- OTHER BUSINESS 10- UNFINISHED BUSINESS 11. TOWN MANAGER REPORT 12' TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: [}RAFT AUDITED 2005 FINANCIAL STATEMENTS, DESIGN WORKSHOP ECONOMIC ANALYSIS OF PROPOSED MAIN STREET IMPROVEMENTS, SITE TOUR OF VILLAGE AT AVON 15. CONSENT AGENDA @. Minutes from April 25. 2008 Meeting b� E8g|ebend DhVe/SiOO8bhdge Road Gt[eB1 c8pe Project — Stoneb[idge road Bridge Additional Architectural & Engineering Services (Norm Wood, TOVVO Engineer) Pn]pV3a| for replacing bridge rail onthe Stonebridge Road Bridge that iS compliant with state standards C. Rive[fnDOt Subdivision /7-ovvn of Avon C|P Pn}poS@| / Short Elliot Hendrickson, inc. Construction Management / Inspection Service (Norm Wood, Town Engineer) Agreement for service for oversight over public improvement project d. 2006 ECC} Transit GunOrngr Service Agreement (Bob Reed. Transit Director) Agreement for bus parking at Swift Gulch facility for ECO 16'ADJOURNKAENT Avon Council Meeting. oe.mano Page *m4 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Dir Date: May l,2006 Re: Second Reading of Ordinance 06-06, amendment to the Avon Municipal Code, Title 8, Chapter 8.30 Abandoned Buildings and Activity (PUBLIC HEARING) Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on second reading that proposes amendments to the Town Municipal Code. This ordinance was passed on first reading at your April 26, 2006 meeting and several refinements to language have been made as requested by Council at that time. 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: After holding a public hearing, we recommend that you approve the proposed revisions to Chapter 8.30 as underlined in the attached Ordinance. Alternatives: The following options are available for action on this ordinance: - Approve on Second Reading. - Deny on Second Reading. - Table on Second Reading. Proposed Motion: I move to approve Ordinance 06-06 on 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 May 9, 2006 Town Council Meeting / Second Reading Ordinance 06-06 (PUBLIC HEARING) Chapter 8.30 Avon Municipal Code Amendment to Abandoned Buildings and Building Activity ORDINANCE NO. 06-06 163 10 [on I I 10 W.A 0 tel Z I to ',A 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 Actilvit, A 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 building acth4ty means a property or premises on which the owner or developer- thereof has not demonstrated continued material pro�p�Ls I I n I , e,,ist six 6 cor SeCL tiVe MO tf s, or has allowed a building permit and/or right of way permit to expire as a result of significant construction activity beffla suspended or abandoned for at least six (6) consecutive months. Building means any aboveground improvement or structure or excavation and gradine, activil 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 § I (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 abandoned building activity 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 AN:17t0R 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 zrestoratiog of tE i rc�pert c?� . re anises_ stLb'ectto I�uiidin activi�, 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 and /or build in activit , or reoceupancy 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 § I (part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building «r building activit y 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 sl*l 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 and/or.Nlildin�r t?v?1y 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 and/or the restoration of the property or premiseLs 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 §1; Ord. 86 -18 §i(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 0111110 • • •' John W. Dunn, Town Attorney F:A Council \Ordinances\2006 \06 -06 Chapter8 Amend.doc Ii•01 �. TO: TOWN COUNCIL r 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 SERIES OF 2006 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. Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor Ordinance No. 06-07 Titles 12 & 16 amendments Page 2 of 2 MEMORANDUM TO: TOWN COUNCIL If _ff � 1111 i I �#Kl 0i ` 11 111 RE: RIVERFRONT SUBDIVISION TAX CREDIT ORDINANCE DATE: May 3, 2006 On the Council agenda is an ordinance providing for a credit against the real estate transfer tax and the public accommodations tax under certain circumstances. This ordinance is recommended for adoption by the Council as a part of the implementation of the Council's approval of the Amended and Restated Development Agreement and Facilities Operation Agreement for The Confluence on March 14, 2006. The Annexation and Development Agreement provides for a rebate of incremental real estate transfer taxes to the developer of Riverfront Subdivision in the amount of $1,557,000. The rebate is subject to annual appropriation although it is anticipated that most if not all of that amount will be rebated upon opening of the Westin Hotel. The Facilities Operation Agreement obligates the Town to make annual contributions to the operation and maintenance of the gondola and public plaza and restrooms. That obligation is also subject to annual appropriation by the Council. The proposed ordinance has been agreed to as a part of both agreements. It is understood that the tax credit concept contained in the ordinance is necessary to give lenders an assurance that the developer and the Confluence Metropolitan District will have an alternate revenue stream in the event of non-appropriation by the Council. The ordinance therefore provides that, in the event of non-appropriation, public improvement fees (PIF's) in the same amount will be collected and paid to the developer and the District. One PIF would mirror the real estate transfer tax, and the other PIF would mirror the public accommodations tax. Pursuant to the two agreements, the Town's finance director would serve as collecting agent to assure that the correct amount is collected. The Amended and Restated Development Agreement commits the Council to the approval of this ordinance within 15 days of the effective date of the agreement. Inasmuch as purchase of the property by the developer was closed on April 28, it is necessary that Council approve the ordinance on first reading at this time. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 06 -08 Series of 2006 AN ORDINANCE AMENDING TITLE 3, AVON MUNICIPAL CODE CONCERNING THE PUBLIC ACCOMMODATIONS TAX AND REAL PROPERTY TRANSFER TAX TO PROVIDE A CREDIT AGAINST SUCH TAXES DUE IF CERTAIN PUBLIC IMPROVEMENT FEES HAVE BEEN PAID IN CONNECTION WITH THE DEVELOPMENT KNOWN AS THE CONFLUENCE A. The Town is a municipal corporation duly organized and existing under its Home Rule Charter adopted pursuant to Article XX of the Constitution of the State of Colorado. B. The Town desires to cooperate in the development of certain property within the Town known as "The Confluence" and to cooperate in the funding of public improvements related to such development. The Town has heretofore entered into a Facilities Operation Agreement, dated May , 2006 (the "Facilities Agreement "), by and between the Town and Confluence Metropolitan District (the "District ") and into an Amended and Restated Development Agreement, dated as of March 14, 2006 (the "Development Agreement ") by and between the Town and Avon Confluence LLC (together with its successors and assigns, the "Developer "). C. Pursuant to the PIF Covenant (as defined in the Facilities Agreement), the Developer has imposed a public improvements fee on certain lodging sales and services occurring within the property known as The Confluence and described in the PIF Covenant as the PIF Property, which public improvement fee is to be used to contribute to the operation of public improvements within the Town. D. The Developer is authorized pursuant to the PIF Covenant (as defined in the Development Agreement) to impose a public improvements fee on the first real property transfer of certain real property located within the property known as The Confluence and described in the PIF Covenant as the PIF Property, which public improvement fee is to be used to contribute to the financing of public improvements within the Town. E. Pursuant to the Facilities Agreement, the Town desires to provide a tax credit against the obligation to pay the public accommodations tax to the Town for persons or entities who pay the public improvement fee defined in the Facilities Agreement as the "Lodging PIF". F. Pursuant to the Development Agreement, the Town desires to provide a tax credit against the obligation to pay the real property transfer tax to the Town for persons or entities who pay the public improvement fee defined in the Development Agreement as the "Real Property Transfer PIF." NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 2. Public Accommodations Tax Credit. Chapter 3.28, Title 3, Avon Municipal Code, is amended by the addition of a Section 3.28.076 to provide as follows: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Facilities Operation Agreement, dated as of May _, 2006 (the "Facilities Agreement"), by and between the Town of Avon and Confluence Metropolitan District, there shall be granted to each person or entity owing the public accommodations tax on the sale or provision of lodging services which are subject to Town public accommodations tax occurring within the PIF Property, as defined in the PIF Covenant, and incorporated herein by this reference, a temporary tax credit against collection of the public accommodations tax as hereinafter set forth. Such tax credit shall be granted in the form of a credit in an amount equivalent to the rate of the applicable public accommodations tax levied by the Town, and shall attach to a particular transaction only to the extent that the Lodging PIF is collected and received by the Collecting Agent for such transaction. The tax credit for the public accommodations tax shall be automatic and shall take effect immediately upon the first remittance to and receipt by the Collecting Agent of the Lodging PIF (reflected on the retailer's periodic tax report relating to the Ordinance No. 06-08 Tax Credit Ordinance Page 2 of 6 public accommodations tax to the Town) following the PIF Commencement Date with respect to the Lodging PIF. The tax credit for the public accommodations tax shall be granted during each PIF Collection Period with respect to the Lodging PIF and shall not exceed the amount of the public accommodations tax. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in the Facilities Agreement. Section ). Real Property Transfer Tax Credit. Chapter 3.12, Title 3, Avon Municipal Code, is amended by the addition of Section 3 . 12.066 to provide as follows: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Amended and Restated Development Agreement, dated as of March 14, 2006 (the "Development Agreement"), by and between the Town of Avon and Avon Confluence LLC (together with its successors and assigns, the "Developer"), there shall be granted to each person or entity owing the tax on transfers of real property which is subject to Town real property transfer tax occurring within the PIF Property, as defined in the PIF Covenant, and incorporated herein by this reference, a temporary tax credit against collection of the real property transfer tax as hereinafter set forth. Such tax credit shall be granted in the form of a credit in an amount equivalent to the rate of the applicable real property transfer tax levied by the Town and shall attach to a particular transaction only to the extent that the Real Property Transfer PIF is collected and received by the Collecting Agent for such transaction. Further, such tax credit shall apply only with respect to real property transfer tax payable on the first transfer of real property [from the Developer to a third party] and any subsequent transfer of real property which are subject to the Town real property transfer tax shall not be subject Ordinance No. 06-08 'fax Credit Ordinance Page 3 of 6 to this tax credit. The tax credit for the real property transfer tax shall be automatic and shall take effect immediately upon the first remittance to and receipt by the Collecting Agent of the Real Property Transfer PIF following the PIF Commencement Date with respect to the Real Property Transfer PIF. The tax credit for the real property transfer tax shall be granted during each PIF Collection Period with respect to the Real Property Transfer PIF and shall not exceed the amount of the real property transfer tax. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in the Development Agreement. The credit provided for herein shall expire, and this Section 3.12.066, shall be deemed repealed upon the satisfaction of the obligations of the Town pursuant to Section 5.1 of the Development Agreement. Section 4. Effect of Credit. The Town Council hereby determines that the creation or termination of this credit does not constitute a tax increase, the imposition of a new tax, or a tax policy change directly causing a net tax revenue gain to the Town, and that nothing herein, in the Facilities Agreement or in the Development Agreement creates a multiple fiscal year financial obligation or other indebtedness of the Town. Nothing herein, in the Facilities Agreement, in the Development Agreement or in the PIF Covenant prohibits the Town from amending or terminating this tax credit. Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 6. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council and other officers and Ordinance No. 06-08 Tax Credit Ordinance Page 4 of 5 employees of the Town in connection with the Facilities Agreement and the Development Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 7. Effective Date. This Ordinance shall be in full force and effect seven days after posting following final adoption. INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED the 9th day of May, 2006, and a public hearing hereon shall be held the 23rd day of May, 2006 at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk ADOPTED ON SECOND READING AND ORDERED POSTED the day of 12006. ATTEST: Patty McKenny, Town Clerk FAVU J9 &IOVA I 101 FIRM I LOB 109114 ON John W. Dunn, Town Attorney TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor Ordinance No. 06 -08 'Tax Credit Ordinance Page 5 of 5 TO: TOWN C OU^CIL RE: ORDINANCE AMENDMENTS RELATING TO VESTED RIGHTS AND APPLICATIONS PURSUANT TO ZONING AND SUBDIVISION REGULATIONS DATE: May 3, 2006 At their i ou May 2,2OO6.the Planning and Zoning Commission recommended for adoption b« Council two ordinances amending the Town's zoning and subdivision regulations. The most extensive amendment relates (o vested rights, and it will be addressed first inthis memorandum. /\ recommended addition k` the vested rights ordinance ia marked on one copy. This memorandum will briefly review the history o[ vested rights. Before 1987 it was very difficult to have a "vested right" inany zoning approval. The concept o[ "common law vesting" had been developed, pursuant |o which it was necessary to show reliance upon u zoning approval before there was any vested interest in it. Usually it was necessary to show that u building permit had been issued and that money had been spent {o develop the property in conformance with the zoning approval. Without reliance of that kind, the zoning could bc revoked without damage to the property owner. Inl987the legislature adopted the Vested Property Rights Law ho change that common law rule. In essence the legislation entitled any property owner, io association with mn application for approval of any site specific development plan, to request that the approval constitute u vested right. Under the law the property owner was ooliilcd to nvcstcd right of three years duration although the }noa] government in its discretion could agree to u longer period. The law also required that each local govcrozncu1 adopt its own vested rights ordinance. At first the {uvv and the Town's ordinance were little used, and the Town did not receive such u request until |996 when the first application for approval of The Village (at Avon) was filed. &sy matter o[ additional the vested rights statute was amended Lu 1999. The Town has never acted to incorporate those amendments into the ordinance. The ordinance uJao was in need of clean-tip. The changes are as follows (also included is a marked-up copy of the existing ordinance ou which language amended ia underlined and language deleted ioabioken>: l. 17.14.020. The dcfiudiounf"site specific development plan" ix changed from its prcmoo1 rather circular dcfiuiti/oio the documents currently used iovest property rights, the PLU0 development plan and a development agreement. "Site specific development plan" is so broad as � � to permit the vesting of nearly anything. Limiting the definition as proposed narrows what can be vested and requires great specificity. 2. 17.14.040. The hearing procedure is deleted and replaced with a cross - reference to the code section which sets forth the procedure for approval of a PUD. It has been the practice over the past ten years to handle a request for vesting like any other zoning application. 3. 17.14.050. The burden to publish a notice of vesting of property rights is shifted to the applicant. Without publication of the notice, the time for judicial review or referendum does not begin. Obviously it is important that that happen, but it should not be the fault of the Town if it does not. 4. 17.14.060. This section, dealing with the term of vesting, has been completely rewritten. Included are provisions for termination of a vested right. 5. 17.14.070. This section, dealing with application of other regulations, has been completely rewritten. The amended language makes it clear that only regulations like the building code are intended. This permits the Town maximum flexibility in negotiating the development agreement as part of the review process. 6. 17.14.080. "Planning and Zoning Commission" has been changed to "Town Council" to reflect actual practice. 7. 17.14. 100 and 110 have been deleted. Neither section is needed. The other ordinance recommended by the Commission gives the Town the ability to not act on applications when the applicant is in default under its agreements with the Town. The changes should be self - explanatory. JWD:ipse H TOWN OF AVON ORDINANCE NO. 06- o0\ Series of 2006 AN ORDINANCE AMENDING CHAPTER 17.14, TITLE 17, AVON MUNICIPAL CODE, RELATING TO VESTED PROPERTY RIGHTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. The definition of Site specific development plan contained in Section 17.14.020, Chapter 17.14, Title 17, Avon Municipal Code, is amended to provide as follows: Site specific development plan means a planned unit development plan approved pursuant to Section 17.20.110 of this Code together with a development agreement approved pursuant to Section 17.14.060(a) hereof. Section 2. Amendment. Section 17.14.040, Chapter 17.14, Title 17, Avon Municipal Code, is amended to provide as follows: No site specific development plan shall be approved until after public hearings in compliance with Chapter 17.28 of this Code. Section 3. Amendment. Paragraph (b) of Section 17.14.050, Chapter 17.14, Title 17, Avon Municipal Code, is amended to provide as follows: The failure of the document constituting a site specific development plan to contain this language shall invalidate the creation of the vested property right. In addition, a notice generally describing the type and intensity of the use approved, the specific parcel or parcels affected and stating that a vested property right has been created shall be published once by the landowner in a newspaper of general circulation in the Town not more than fourteen (14) days after final adoption of the ordinance approving the site specific development plan. Section 4. Amendment. Section 17.14.060, Chapter 17.14, Title 17, Avon Municipal Code, is amended to provide as follows: (a) A property right which has been vested pursuant to this Chapter shall remain vested for a period designated in a development agreement, not to exceed five (5) years. Provided, nothing contained in this paragraph shall be construed so as to prevent the Town Council from agreeing as a part of the development agreement for extensions of the period of vesting upon further public hearing and demonstration by the landowner that it meets the conditions for such extension contained in the development agreement and that it complies with the Comprehensive Plan in effect at that time. 0 (b) The rights vested by any site specific development plan may be terminated, after notice and ocur/o� before the Town Council, upoouzn\oin&o f u outcrial breach of any condition of approval of the plan, or any component thereof, including the failure of the landowner tn comply with the terms and conditions nfthe development agreement, the site specific development plan, uooloisd subdivision improvements agreement or any other agreement related io that development. (c) Any site specific plan boexistence onorafter January L 2006, shall bo reviewed o1 least every five (5) years to determine if any cause exists pursuant to Paragraph /b` \ hereof for termination of the rights vostcd b« the plan. Such review shall include but not be limited to whether the landowner or developer is in compliance with its obligations to the Town contained in the original approvals, including but not limited to the site specific development plan, the dcve}op000rd agreement and any other agreements between the landowner and the Town, as they may have been amended from time iotime. Such review shall also include uo evaluation o[ the conformance o[ the site specific development agreement with the comprehensive plan then iueffect. Any site *pccifio development plan iuexistence for more than five (5) years prior io July l`20O6, shall bc reviewed no later than July |,2U08. (d) Any review pursuant to this Section 17.14.060 may be initiated by the landowner or the Town and shall generally comply with the procedure contained in Sections 17.12. 100 and 17.28.050 of this Code. Such review shall be made against the gpplicable criteria contained in Paragrqph 17.20. 11 0(h) of this Code. Section 5. Amendment. Section l7]4.V7U. Chapter l7]4, Title l7Avon Municipal Code, is amended to provide as follows: The establishment u[ovested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Town including, but not limited to, the regulations contained in Title 15 of this Code. Section Section 17.14.080, Chapter l7]4, Title |7,Avon Municipal Code, is amended to provide as follows: [m the event uu amendment 1ousite � nko�ie the -,---_ development ,'__ approved, effective date o{ such amendment, for the purpose of determining the duration ofu vested property right, shall bcthe date of creation o[ the original site specific development plan unless the Town Council specifically finds to the contrary and incorporates such finding iu the ordinance approving the amendment. Section 7. Repeal. Sections |7.l4.|0O and l7.|4.l|() Chapter /7.\4" Title l7, Section Avon Municipal Code, are repealed. If any provision, sentence or paragraph of this Ordinance or the application thereof to any person or cincuolaiuuccm shall be held invalid, such 2 �l invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the _ day of 1 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the _ day of 1 2006, at 5:3 ) 0 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKermy, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 12006. Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney I examination pursuant to this Title. Any person failing or refusing mpermit entry shall be deemed mhave committed n violation ofthis Section. (Ord.91'10§1(pan) 17.12.890 Hearbggs — cooduut When required by statute or hy this Title, hearings before the Planning and Zoning Commission and the 7op/o Couocil shall be conducted in accordance with the provisions of this Chapter. (Ord. 91-10 §](part)) 17.12,I00 Hearings — setting date. (a) Upon fi|ioA of an application, the disposition of which roqoinno u hearing before either the P|uuoiug and Zoning Commission or the Tnvvo Council, or bn/h, pursuant to this Title, u date for the hearing abai| he acu which shall be not more than thirty (30) du?a from the date of acceptance of the complete application, unless otherwise specified byxpedfio chapter of this title. (h) The Planning and Zoning Commission shall hold a public hearing on the applicu1ion, and outiuc of such bouziog shall he published at the expense of the applicant in o newspaper of general oiou\udno within the Town, or posted in at least three (3) public places within the Town, in addition to posting at the otOuc of the Town Clerk, at least upe|vc (12) days prior to the hearing date. Further, u copy of such notice shall be mailed to all property owners within three hundred (3O0) feet uf the property in question, by regular mail, at least twelve (12) days prior to the meeting, and certificate Of Such mailing shall be filed with the 9|amoiog and Zoning Commission. If property requiring notification is a condominium pnojoct, notice may be mailed to the managing agent, registered agent nrany member nfthe board of directors thereof. (u) The Town Council shall hold u public hearing no any recommendation of the Planning and Zoning Commission, and notice uf such public hearing sbu|| be published at the expense of the applicant in a newspaper ofgeneral circulation within the Town, or posted in at |onut tbzoc (3) public p|uouy within the Town, in addition to posting at the office o[ the Town Clerk, at least six (6) days prior /othe buurioQ date. (d) The notices required hy this Section shall state the time and place ofthe beaniug, name nfthe upp|ivaot, mgunem( description of the subject property indicating its location (which may be shown by map), u brief summary of the subject matter of the hour|ng, and u statement that the application or information relating to the proposed change or amendment is available in the zoning administrator's off-ice during regular buoiucxa bnoo for review or inspection by the public. (Ord 04-12 §3; Ord. 04-03 §§].2; CHAPTER 17.14 Vested BmpcnyRigbts 17.14.00 Purpose. The purpose ofthis Section is to provide procedures necessary to implement the provisions of Article 0� �� 17.14.020 Definitions. As used in this Section, unless the context otherwise requires: S�ite specific development plan means a development pl�n rov d pursuant to ectiorI-17.UL02Q of this Code. --------- Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. (OnJ.9{'l0§((pux)) 1714{80 Vested property right created. A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Chapter. (Ord. 91 '10§l(pur0) 17.14.040 Notice and hearing. No site specific the I7.14.050 Notice n[approval, (u) Each mup, plat, site plan ur other document constituting usite specific development plan shall contain the following language: Approval of this plan constitutes u vested property right pursuant <nArticle 68 of Title 24. CK3., as amended. (b) The failure of the map, plat, site plan or other document constituting usite specific development plan to contain this |uogua8c shall invalidate the cm:azloo of the vested property right. In uddihoo, u ooboc generally describing the type and intensity of the use approved, the specific parcel or parcels of property affected, and stating that uvested property right has been created shall be published once by the Town in a uev/epupnr of general circulation in the Town not more than fourteen (14) days after the approval of /h site v specific devel Ian. (Ord.9)-lO§}(part)) 17.14.060 Duration of vested right. right which has h 17.14.070 Other provisions unaffected. Approval of a site specific development plan shall not constitute an exemption or waiver of any L�her 17.14.080 Amendment »o site specific development plan. }n the event amendments tousite spccifiodevelopment plan arrf�� approved, the effective dale of such amendments, for the purposes of deten-nining the duration of a vested property right, shall be 'he, date of the onnobon of the original site specific development pion unless the Planning Commission specifically finds m the contrary and incorporates such finding in its approval or affirmation uf the amendment. (Ovd.P|-\O§i(par4} I7.14,098 Effect of termination no public rb0bts-of-v'uy. The termination of a vested property right shall have no effect upon public streets, alleys or rights-of- way pn:viouolydcdicazdwithmapecttosuobppoperty. (Drd.91-LO§|(pod)) 17.14.100 Development agreements. ­11 if may lq--At=S Gva! other §l(pau)) 17.14.110 Limitations. CHAPTER 17.16 Zone Districts and Official Map 17.I6.010 Zone districts —crcuted In order to carry out the purposes of this Title, the Town is divided into the following zone districts: (|) D8E 8uoi600du|Singlo`Fumi}y. [D RD: Residential Duplex. (3) KL[: Residential Low Density. (4) RMI}: Residential Medium Density. (5) KBD: Residential High Density. (6) RBDC: Residential High Density and Commercial. (7) NC: Neighborhood Commercial. (8) SC: Shopping Center. �� �� TOWN OF AVON ORDINANCE NO. 06- 0 Series of 2006 AN ORDINANCE AMENDING TITLES 16 AND 17, AVON MUNICIPAL CODE, RELATING TO APPLICATIONS FOR DEVELOPMENT AND SUBDIVISION APPROVAL AND ERECTION OR CONSTRUCTION OF IMPROVEMENTS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.12.010, Chapter 17.12, Title 17, Avon Municipal Code, is amended by the addition of a paragraph (5) to provide as follows: (5) No application for approval of a development plan shall be received for processing or approved, and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. Section 2. Amendment. Section 16.12.050, Chapter 16.12, Title 16, Avon Municipal Code, is amended by the relettering of paragraph (c) as paragraph (d) and by the addition of a new paragraph (c) to provide as follows: (c) No application shall be placed on a meeting agenda of the Town Council at a time when the applicant is in default under any related or unrelated agreement or obligation to the Town. INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED the day of 1 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the — day of _, 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 n 2006. ATTEST: Patty McKenny, Town Clerk FAIR01 John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor 2 m I 1 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: May 4, 2006 Re: Resolution No. 06-20, Series of 2006, A Resolution Approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence Summary: The Amended and Restated Development Agreement, The Confluence as approved by Council at the March 14, 2006 meeting stipulates, "An agreement for dedication of augmentation water and related water rights shall be entered into prior to issuance of the first building permit on the Confluence." Resolution No. 06-20, Series of 2006 (Attachment 1) approves an Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence in accordance with that stipulation. This Agreement establishes a maximum development level of 458.55 single family equivalents (SFE's) on the Confluence property. This maximum development level is based on information provided by, and was jointly developed with the developer. This determination of maximum SFE level included the number of various unit types and also the SFE's assigned to each unit type based definitions as adopted by the Town and the Upper Eagle Regional Water Authority. The "Increased Water Requirements" to serve this maximum level of development was determined to be 255.55 SFE's based on the development level of 202.6 SFE's anticipated and provided for in the Town's augmentation plan. The Agreement for Dedication of Augmentation Water and Related Water Rights, The Confluence, requires compliance with terms and of the Development Agreement. Compliance with these terms is implemented by Water Service Agreement between the Upper Eagle Regional Water Authority (UERWA) and East West Resort Development XIV L.P., L.L.L.P. (EWRD) and Amendment to Restated Water Lease and Supplemental Water Lease between the Town and UERWA. The Water Service Agreement and Amendment to Restated Water Lease and Supplemental Water Lease were approved by UERWA at their April 27, 2006 meeting. The Amendment to Restated Water Lease and Supplemental Water Lease are recommended for approval by the Town through the adoption of Resolution No. 06-21 being presented as a separate agenda item. 1:\Engineeritig\Confluence\Water\Res 06-20 Water Agnint Memo.Doc I Approval of Resolution No. 06-20, Series of 2006, A Resolution Approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence is recommended. Recommendation: Approve Resolution No. 06-20, Series of 2006, A Resolution Approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence. Proposed Motion: I move to approve Resolution No. 06-20, Series of 2006, A Resolution Approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence. Town Manager Comments: Attachments.- Attachment I - Resolution No. 06-20 1:\Engiiieering\Confluence\Water\Res 06-20 Water Agmnt Memo.Doc 2 IV AC- H )v7E r TOWN OF AVON RESOLUTION NO. 06-20 Series of 2006 A RESOLUTION APPROVING AGREEMENT FOR DEDICATION OF AUGMENTATION WATER AND RELATED WATER RIGHTS FOR THE CONFLUENCE WHEREAS, an Amended and Restated Development Agreement, The Confluence between the Town of Avon (Town) and Avon Confluence LLC (Owner) has approved; and WHEREAS, the Amended and Restated Development Agreement provides that water requirements for the Confluence will be higher than that allocated in the Town's augmentation plan (Increased Water Requirements); and WHEREAS, the Amended and Restated Development Agreement further provides the Owner dedicate and convey sufficient water rights and water storage rights that can be used to make up the amounts needed to serve the Increased Water Requirements; and WHEREAS, an agreement for dedication of augmentation water and related water rights shall be entered into prior to the issuance of the first building permit on the Confluence; and WHEREAS, based on information provided by Owner, the Town has calculated and Owner has agreed that the Confluence Project at full build out will consist of 458.15 single family equivalents (SFE's) which is 255.55 SFE's greater than the 202.6 SFE's allocated to the Confluence Project under the Towns augmentation plan; and WHEREAS, the Agreement for Dedication of Augmentation Water and Related Water Rights, The Confluence, provides for the dedication and conveyance of sufficient water rights, to meet the Increased Water Requirements (255.55 SFE's) in compliance with the Amended and Restated Development Agreement, The Confluence. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Agreement for Dedication of Augmentation Water and Related Water Rights, The Confluence is hereby approved. L• \Engineering \Confluence \Water \Res 06 -20 Water Agmnt.doc 9 ADOPTED THIS DAY OF , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor Patty McKenny Town Clerk I:AEngineering \Confluence \Water \Res 06 -20 Water Agmnt.doc AGREEMENT FOR DEDICATION OF AUGMENTATION WATER AND RELATED WATER RIGHTS The Confluence This AGREEMENT FOR DEDICATION OF AUGMENTATION WATER AND RELATED WATER RIGHTS ( "DEDICATION AGREEMENT ") is made and entered into as of May , 2006, by and between East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership ( "Owner "), and the Town of Avon, a municipal corporation of the State of Colorado (the "Town "). Owner and the Town are collectively referred to as the "Parties." RECITALS A. Owner is a Delaware limited partnership duly organized and registered as a limited liability limited partnership under the laws of the State of Delaware, qualified to do business in the State of Colorado. B. Owner owns a parcel of real property that was previously annexed to the Town and defined as the "Confluence" in a 1998 Agreement, which was amended by an Amended and Restated Development Agreement ( "DEVELOPMENT AGREEMENT ") made and entered into as of March 14, 2006, by and between Avon Confluence LLC, a Delaware limited liability Company ( "Avon Confluence LLC "), and the Town, which constitutes an amendment and restatement with respect to the Confluence of that certain Development Agreement — Confluence and Tract C dated October 27, 1998. C. Avon Confluence LLC assigned its rights and obligations in the Development Agreement to Owner, and Owner has assumed the rights and obligations of Avon Confluence LLC in the Development Agreement. D. The DEVELOPMENT AGREEMENT provides in Article III at paragraph 3.5.(g) (Water and Water Rights) as follows: (i) The Town's augmentation plan decreed in Water Division No. 5 Case No. 84CW225 allocated 5.52 consumptive acre feet for the development of the Confluence (Avon Station). The allocated consumptive use was based upon the development of 200 Dwelling Units, 10,000 square feet of commercial area and 1.8 acres irrigated area. Water requirements for the Confluence will be higher than that allocated in the Town's augmentation plan. The difference between the 5.52 consumptive acre -feet and the water requirements for the proposed Confluence development is hereinafter defined as the "Increased Water Requirements." (ii) Owner shall, as a condition of water service for the Increased Water Requirements, dedicate and convey to the Town (or the Town's designee, the Upper Eagle Regional Water Authority ( "the Authority ") sufficient water rights and water storage rights that can be used to make up the amounts needed to serve the Increased Water Requirements. Any water rights to be dedicated and conveyed shall be subject to the Town's approval and acceptance, provided, however, Eagle Park Reservoir water shall be deemed an acceptable source of dedication water under this Agreement. An agreement for dedication of augmentation water and related water rights shall be entered into prior to the issuance of the first building permit on the Confluence. (Iii) As part of the above and subject to the approval of the Colorado Water Conservation Board ("CWCB"), the Parties' also will enter into an agreement with the Authority for construction of a gravity pipeline to deliver water from the Avon Wastewater Treatment Plant upstream to a site on the Eagle River near the Raw Water Booster Pump in order to eliminate the need to augment the Owner's diversions. Approval of the CWCB shall not be a condition to water service but, if approval is not obtained, Owner shall be obligated to dedicate and convey sufficient additional water rights as are made necessary by reason of such failure of approval. E. The Authority is a quasi-municipal corporation established pursuant to an Intergovernmental Agreement dated September 18, 1984, among the Arrowhead Metropolitan District, the Town of Avon as successor to the Avon Metropolitan District, the Beaver Creek Metropolitan District, the Berry Creek Metropolitan District, the Eagle- Vail Metropolitan District and the Edwards Metropolitan District (collectively the "Member Districts"). The Authority is the owner or lessee of the water rights and facilities that provide water service by contract to existing and projected developments within the service area of its Member Districts. F. The proposed development of the Confluence Project at full build out will consist of 458.15 single family equivalent residential units ("SFEs"), which is 255.55 SFEs greater than the projected density of the Property for which the Authority obtained a lease of water rights from the Town. The Town calculated the SFEs required to serve the Confluence Project, as shown on the attached Appendix A (Westin Riverfront Resort/SFE Calculation/February 16, 2006), and Owner concurs and agrees with the calculations shown on Appendix A. G. Owner and the Authority entered an agreement whereby the Owner causes other parties to convey certain water rights to the Authority to meet the Authority's requirements to provide water service from the Authority for the density of the Property approved by Avon. H. As a result of the dedication of additional water rights to the Authority to serve the Confluence Project, the Authority increased the number of SFE's the Authority commits to serve within the Town by an additional 255.55 SFEs. ' Note: only the Owner, not the Town, entered an agreement with the Authority for construction of the gravity pipeline, and the Town agrees that it is not a requirement of this agreement that the Town be a party to such agreement with the Authority. N X I. The Town and the Authority entered an Amendment to Restated Water Lease and Supplemental Water Lease ("AMENDMENT TO RESTATED WATER LEASE") effective as of the _ day of April, 2006 (copy attached as Appendix B) to increase the maximum number of SFEs to which the Authority will provide water service within the Town from 4,984 SFEs to 5239.55 SFEs. AGREEMENT NOW, THEREFORE, in consideration of the Recitals set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows, which agreement contains all obligations of the Owner and the Town with respect to the dedication of augmentation water and related water rights that is required by the foregoing paragraph D(ii). 1. Each and every provision of the DEVELOPMENT AGREEMENT is incorporated into this DEDICATION AGREEMENT. 2. If the Authority should fail to provide service to the Confluence Project, for any reason whatsoever, the Owner shall convey and assign to the Town any right of any nature whatsoever that it may have to require the Authority to reconvey to the Owner all or any portion of the water rights that Owner caused to be dedicated to the Authority pursuant to the agreement referenced in Recital G and H. 3. This DEDICATION AGREEMENT is personal to the Parties, and is not intended to benefit any third parties; Owner shall indemnify and hold harmless the Town, including its reasonable attorneys fees and costs, from any claims against the Town under this DEDICATION AGREEMENT by, through or under the Owner. 4. Execution by the Town and the Authority of the Amendment to Restated Water Lease referenced in Recital I is a condition precedent to the Enforcement of this DEDICATION AGREEMENT by the Parties. 5. This DEDICATION AGREEMENT contains all obligations of the Owner and the Town with respect to the dedication of augmentation water and related water rights that is required by paragraph D(ii). 6. The Owner shall indemnify and save harmless the Town from any and all suits, actions, claims, judgments, obligations, or liabilities of every nature and description that arise from a default or breach of this Dedication Agreement by the Owner. The Owner shall pay any and all judgments rendered against the Town on account of any such suit, action or claim, together with all reasonable expenses and attorneys' fees incurred by the Town in defending such suit, action or claim. The Town shall, within fifteen (15) days after being served with any such claim, suit or action, notify the Owner of its reliance upon this indemnification and provide the Owner with a copy of all documents pertaining to the claim or cause of action. The Town agrees that the Owner may also, on its own behalf, become a party to any such action, and the Town agrees to execute any 3 documents as may be necessary to allow the Owner to be a party. The Owner is not an agent or employee of the Town. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above. TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado By: Ronald C. Wolfe, Mayor _1 _ Patty McKenny, Town Clerk STATE OF COLORADO ) ss. COUNTY OF ) Subscribed before me this day of , 2006, by Ronald C. Wolfe as Mayor of Town of Avon, Colorado and Patty McKenny as Town Clerk of Avon. My commission expires: Notary Public 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 0 El I STATE OF COLORADO ss. COUNTY OF Subscribed before me this day of 1 2006, by as of, 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. My commission expires: Notary Public 61 N APPENDIX x' Westin w*vrfron Resort opsoamulauon February 1a.2oo* Note 1 The main unit has a full kitchen <1SFE> The lockoff unit has no kitchen(35SFE) Note o' Efficiency Units are single rooms with cooking facilities. Note a'Whole Ownership Units may not exceed 3000 Square Feet Gross Floor Area. 0 mssvumvu Unit Type Kitchen of Units SFE Designation SFE's Total SFE's Hotel Studio King Yes se Efficiency Unit 0.5 34.00 Studio King Plus Yes 51 Efficiency Unit 0.5 25.50 One Bedroom Yes n Residential 1 3.00 One Bedroom Penthouse vva 2 Residential 1 2.00 Two Bedroom with LochpnUnit Note 82 Res idwnua|/Accommouaoon 1.35 e370 Three Bedroom with uocxonUnit Note 11 Residential/Accommodation 1.3e 1*.e5 Three Bedroom Yea 0 Residential/Accommodation 1.35 1n�80 Timeshare One Bedroom Unit 112 Rooidoouu| 1 112�00 Lock Off Efficiency Unit Note 112 Efficiency Unit 0.5 osoo Whole Ownership Yea 108 :euivanua| 1 106o0 Commercial 40.000 Snpt omcx Mete, 10.30 10.30 Subtotal -----535� Less SFs's per Case 84CWz25 e^smonoa| (ounoo) Less 3FE'n per Case 8*Cvvz2o Commercial (2.00) Total Additional sFes onn Note 1 The main unit has a full kitchen <1SFE> The lockoff unit has no kitchen(35SFE) Note o' Efficiency Units are single rooms with cooking facilities. Note a'Whole Ownership Units may not exceed 3000 Square Feet Gross Floor Area. 0 e AMENDMENT TO RESTATED WATER LEASE AND SUPPLEMENTAL WATER LEASE This Amendment is entered into to be effective as of the day of April, 2006, by and between the Town of Avon (the "Town ") and the Upper Eagle Regional Water Authority (the "Authority "). WHEREAS, the Town and the Authority entered into an Amended and Restated Water Lease dated effective as of the 1 st day of January, 1998 (the "Restated Lease "); and WHEREAS, under the Restated Lease, the Town leased to the Authority water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights and reservoirs and storage rights described as an undivided 77.7% interest in and to certain water rights more particularly described on Exhibit A attached to the Restated Lease (the "Water Rights "); and WHEREAS, the Restated Lease states that it includes 348.17 consumptive acre -feet (77.7 %) of the 448 consumptive acre -feet quantified in the augmentation plan decreed on August 14, 1980, in Case No. W -3664, Water Division No. 5, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW225, Water Division No. 5; and WHEREAS, the Town and the Authority entered into a Supplemental Water Lease dated effective as of the 14th day of July, 2005 (the "Supplemental Lease "); WHEREAS, under the Supplemental Lease, the Town leased to the Authority the remaining undivided 22.3% interest in and to the water rights and the remaining 99.83 consumptive acre -feet (22.3 %) of the 448 consumptive acre -feet that were described on Exhibit A to the Restated Lease (the "Supplemental Water Rights "); WHEREAS, as a result of the lease of the Water Rights under the Restated Lease and the lease of the Supplemental Water Rights under the Supplemental Lease, the Supplemental Lease provided that the Authority would serve up to 4984 SFE's within the Town; WHEREAS, in connection with the development of and commitment to serve the Confluence Project to be located within the Town, the developer of that project has agreed to cause the dedication and conveyance to the Authority of additional water rights; and WHEREAS, the commitment to serve the Confluence Project is contingent upon (i) the relocation of the effluent discharge pipeline of the Avon Wastewater Treatment Plant to a location immediately downstream of the Authority's Raw Water Booster Station diversion point; and (ii) the agreement of the Colorado Water Conservation Board ( "CWCB ") that the point of discharge of the pipeline relocation is considered to be at or upstream of the CWCB's decreed Eagle River instream flow for water rights administration purposes (collectively, the "Contingencies "). I WHEREAS, as a result of the additional dedication of water rights in connection with the Confluence Project, the Town and Authority wish to increase the number of SFE's the Authority commits to serve within the Town by an additional 255.55 SFEs. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Restated Lease and Supplemental Lease remain in full force and effect as amended by this Amendment. 2. Paragraph 3 of the Supplemental Water Lease is amended to increase the maximum number of SFE's to which the Authority will provide water service within the Town from 4,984 SFE's to 5239.55 SFE's. References to "SFE's" herein are to an SFE as defined in Section 2.31 of the Rules and Regulations for Water and Sewer Service, Eagle River Water Sanitation District/Upper Eagle Regional Water Authority, Revised 01/28/04 and include the definitions in Sections 2.1, 2.13, 2.25, and the fractional SFE equivalents for residential units (1.0 plus pro -rated additions over 3,000 square feet), efficiency units (0.50 SFE), accommodation units (0.35 SFE), expansions or remodels, and commercial equivalents based on meter size that are contained in Schedule of Fees and Charges for the Town of Avon, Effective January 1, 2005, that are attached to the Rules and Regulations for Water and Sewer Service, as Appendix A. 3. The terms of this Amendment are contingent upon and subject to the occurrence of the Contingencies and the dedication of the additional water rights to the Authority. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the date first set forth above. KB2440 UPPER EAGLE REGIONAL WATER AUTHORITY B SI )ONG - -A! 6. F"R c- �>*i,9r✓ , Chairman By: A)I',t A MI" ALE , Secretary 2 a TOWN OF AVON Lm ATTEST 0 KB2440 Town Manager Secretary m To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: May 4, 2006 Re: Resolution No. 06 -21, Series of 2006, A Resolution Approving Amendment to Restated Water Lease and Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Water Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado. Summary: The Upper Eagle Regional Water Authority (Authority) approved a Water Service Agreement with East West Resort Development XIV L.P., L.L.L.P. (Attachment 3) and Amendment to Restated Water Lease and Supplemental Water Lease (Attachment 2) between the Authority and the Town of Avon at their April 27, 2006 meeting. These approvals provide for the provision of water service to an additional 255.55 SFE's on the Confluence (Riverfront Subdivision) property. These approvals correspond to the requirements in the Amended and Restated Development Agreement, The Confluence, dated March 14, 2006 and Agreement for Dedication of Augmentation Water and Related Water Rights, The Confluence, as presented for approval by Resolution No. 06-20, Series of 2006. Resolution No. 06-21, Series of 2006 (Attachment 1) provides for increasing the maximum number of SFE's served in the Town of Avon by 255.55 SFE's from 4,984 SFE's to 5,239.55 SFE's. This increase corresponds with the additional SFE's required to serve the proposed development on the Confluence site. Resolution No. 06-21 approves the Amendment to Restated Water Lease and Supplemental Water Lease contingent upon approval and execution of "Agreement for Dedication of Augmentation Water and Related Water Rights" between the East West Resort Development XIV, L.P., L.L.L.P. (EWRD) and the Town of Avon, and receipt of a certified copy of the fully executed "Water Service Agreement" between the Authority and EWRD. Approval of Resolution No. 06-21, Series of 2006, A Resolution Approving Amendment to Restated Water Lease and Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado is recommended. 0 Recommendation: We recommend approval of Resolution No. 06 -21, Series of 2006, A Resolution Approving Amendment to Restated Water Lease and Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 06 -21, Series of 2006, A Resolution Approving Amendment to Restated Water Lease and Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado Town Manager Comments: Attachments: Attachment 1 - Resolution No. 06 -21 Attachment 2 - Amendment to Restated Water Lease and Supplemental Water Lease Attachment 3 - Water Service Agreement (Partially Executed) 1:AEngineering \Water \Water Rights \Memo Res 06 -21 ConflUence.Doc 2 H TOWN OF AVON RESOLUTION NO. 06 -21 Series of 2006 A RESOLUTION APPROVING AMENDMENT TO RESTATED WATER LEASE AND SUPPLEMENTAL WATER LEASE BETWEEN THE TOWN OF AVON AND UPPER EAGLE REGIONAL WATER AUTHORITY FOR THE PROVISION OF WATER SERVICE FOR THE TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, an Amended and Restated Water Lease was entered into between the Town of Avon (Town) and Upper Eagle Regional Water Authority (Authority); and WHEREAS, the Amended and Restated Water Lease provided for the Lease of 348.17 acre -feet of consumptive water rights; and WHEREAS, THE Town and the Authority entered into a Supplemental Water Lease dated effective as of the 14th day of July 2005; and WHEREAS, under the Supplemental Lease, the Town leased to the Authority an additional 99.83 consumptive acre -feet for a total of 448 consumptive acre -feet as defined in the Town's augmentation plan decreed on September 7, 1988 in Case No. 84- CW225; and WHEREAS, the Supplemental Lease provided that the Authority would serve up to 4984 SFE's within the town; and WHEREAS, in connection with the development of and commitment to serve the Confluence Project to be located within the Town, the developer of that project has agreed to cause the dedication and conveyance to the Authority of additional water rights; and WHEREAS, as a result of the additional dedication of water rights in connection with the Confluence Project, the Town and Authority wish to increase the number of SFE's the Authority commits to serve within the Town by an additional 255.55 SFE's; and WHEREAS, the Amendment to Restated Water Lease and Supplemental Water Lease provides that the maximum number of SFE's is increased by 255.55 from 4,984 SFE's to 5,239.55 SFE's subject to compliance with specified conditions and the dedication of additional water rights to the Authority, and WHEREAS, the Authority has approved a Water Service Agreement with East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited liability limited partnership, dated April 27, 2006 that specifies the additional water rights to be dedicated and contingencies to be complied with for service to the additional SFE's. I:AEngineering \Water \Water Rights \Res 06 -21 Confluence.doc NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Amendment to Restated Water Lease and Supplemental Water Lease as hereto attached, is hereby approved and authorized for execution by the Town of Avon upon approval and execution of "Agreement for Dedication of Augmentation Water and Related Water Rights" between East West Resort Development XIV, L.P., L.L.L.P. and the Town of Avon and receipt of a certified copy of the fully executed "Water Service Agreement" between Upper Eagle Regional Water Authority and East West Resort Development XIV, L.P., L.L.L.P. ADOPTED THIS DAY OF , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor Patty McKenny Town Clerk L• \Engineering \Water \Water Rights \Res 06 -21 Confluence.doc e -F-rA C ti W 6- . AMENDMENT TO RESTATED WATER LEASE AND SUPPLEMENTAL WATER LEASE This Amendment is entered into to be effective as of the day of April, 2006, by and between the Town of Avon (the "Town ") and the Upper Eagle Regional Water Authority (the "Authority "). WHEREAS, the Town and the Authority entered into an Amended and Restated Water Lease dated effective as of the 1 st day of January, 1998 (the "Restated Lease "); and WHEREAS, under the Restated Lease, the Town leased to the Authority water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring rights and reservoirs and storage rights described as an undivided 77.7% interest in and to certain water rights more particularly described on Exhibit A attached to the Restated Lease (the "Water Rights "); and WHEREAS, the Restated Lease states that it includes 348.17 consumptive acre -feet (77.7 %) of the 448 consumptive acre -feet quantified in the augmentation plan decreed on August 14, 1980, in Case No. W -3664, Water Division No. 5, as amended in the augmentation plan decreed on September 7, 1988, in Case No. 84CW225, Water Division No. 5; and WHEREAS, the Town and the Authority entered into a Supplemental Water Lease dated effective as of the 14th day of July, 2005 (the "Supplemental Lease "); WHEREAS, under the Supplemental Lease, the Town leased to the Authority the remaining undivided 22.3% interest in and to the water rights and the remaining 99.83 consumptive acre -feet (22.3 %) of the 448 consumptive acre -feet that were described on Exhibit A to the Restated Lease (the "Supplemental Water Rights "); WHEREAS, as a result of the lease of the Water Rights under the Restated Lease and the lease of the Supplemental Water Rights under the Supplemental Lease, the Supplemental Lease provided that the Authority would serve up to 4984 SFE's within the Town; WHEREAS, in connection with the development of and commitment to serve the Confluence Project to be located within the Town, the developer of that project has agreed to cause the dedication and conveyance to the Authority of additional water rights; and WHEREAS, the commitment to serve the Confluence Project is contingent upon (i) the relocation of the effluent discharge pipeline of the Avon Wastewater Treatment Plant to a location immediately downstream of the Authority's Raw Water Booster Station diversion point; and (ii) the agreement of the Colorado Water Conservation Board ( "CWCB ") that the point of discharge of the pipeline relocation is considered to be at or upstream of the CWCB's decreed Eagle River instream flow for water rights administration purposes (collectively, the "Contingencies "). WHEREAS, as a result of the additional dedication of water rights in connection with the Confluence Project, the Town and Authority wish to increase the number of SFE's the Authority commits to serve within the Town by an additional 255.55 SFEs. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Restated Lease and Supplemental Lease remain in full force and effect as amended by this Amendment. 2. Paragraph 3 of the Supplemental Water Lease is amended to increase the maximum number of SFE's to which the Authority will provide water service within the Town from 4,984 SFE's to 5239.55 SFE's. References to "SFE's" herein are to an SFE as defined in Section 2.31 of the Rules and Regulations for Water and Sewer Service, Eagle River Water Sanitation District/Upper Eagle Regional Water Authority, Revised 01/28/04 and include the definitions in Sections 2.1, 2.13, 2.25, and the fractional SFE equivalents for residential units (1.0 plus pro-rated additions over 3,000 square feet), efficiency units (0.50 SFE), accommodation units (0.35 SFE), expansions or remodels, and commercial equivalents based on meter size that are contained in Schedule of Fees and Charges for the Town of Avon, Effective January 1, 2005, that are attached to the Rules and Regulations for Water and Sewer Service, as Appendix A. 3. The terms of this Amendment are contingent upon and subject to the occurrence of the Contingencies and the dedication of the additional water rights to the Authority. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in their corporate names, all by the proper officers duly authorized thereto, to be effective as of the date first set forth above. UPPER EAGLE REGIONAL WATER AUTHORITY ATTEST By: (_ WALII�PP �)Z4C-d Secretary J _ KB2440 2 TOWN OF AVON 0 , Town Manager ATTEST 0 Secretary KB2440 3 I May -03 -2006 14:06 From-ERM 9704764089 T-158 P-002 F-355 Al-rA,0- 4 XEA) -r .3 WATER SERVICE AGREEMENT This Agreement dated this _.;L day of April, 2006, is between the Upper Eagle Regional Water Authority, a quasi - municipal corporation and political subdivision of the State of Colorado (the "Authority"), and East West Resort Development XIV L.P., L.L.L.P., a Delaware limited liability limited partnership (the "Company"). RECITALS A. The Authority is a quasi-municipal corporation established pursuant to an Intergovernmental Agreement dated September 18, 1984, among the Arrowhead Metropolitan District, the Town of Avon as successor to the Avon Metropolitan District ("Avon"), the Beaver Creek Metropolitan District, the Berry Creek Metropolitan District, the Eagle-Vail Metropolitan District, and the Edwards Metropolitan District (collectively the "Member Districts"). The Authority is the owner or lessee of the water rights and facilities that provide water service by contract to existing and projected developments within the service area of its Member Districts. B. The Company desires to enter into an agreement with the Authority to have the Authority provide water service to certain real property located in Avon, Colorado, more particularly described in the attached Exhibit A (the "Property). C. Those seeking water service from the Authority must comply with the Authority's Water Dedication Policy, as adopted on February 22, 2001, and amended on October 25, 2001 (the "Water Dedication Policy"), and all other fees, rules, regulations and requirements of the Authority. D. The Water Dedication Policy requires in part that entities seeking new water service must dedicate to the Authority one hundred and twenty percent of the water lights required to serve the developed property at ftill build out, or provide a cash payment of equal market value in lieu of such water rights. E. The proposed development of the Property at full build out will consist of 458.15 single family equivalent residential units ("SFEs'), which is 255.55 SFEs greater than the projected density of the Property for which the Authority obtained a lease of water rights from Avon. F. To reduce the amount of water rights which must be dedicated to the Authority to comply with the Water Dedication Policy, the Company desires (i) to relocate the effluent discharge pipeline of the Avon Wastewater Treatment Plant (the "Pipeline") to a point 70 feet or less downstream of the Authority's Raw Water Booster Pump diversion point (the "Raw Water Diversion Point"), and (11) obtain the agreement of the Colorado Water Conservation Board (ICWCB") that the foregoing point of discharge of The Pipeline relocation is considered to be upstream of the CWCB's decreed Eagle River instream flow for water rights administration purposes. MW-I a May-03-2006 14:00 From-ERM .9704764089 T-158 P-003/010 F-355 G. The parties desire TO enter into an agreement whereby the Company causes other parties to convey certain water rights (collectively, the "Water Rights") to the Authority to comply in part with the Water Dedication Policy, and meet such other requirements of the Authority to obtain water service from the Authority for the Property. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the sufficiency of which is hereby acknowledged, the Authority and the Company agree as follows: 1. Vail Associates Lgpygy?:ngg. Simultaneous with The execution of this Agreement, the Company shall deliver to the Authority the Special Warranty Deed attached hereto as Exhibit B and the Assignment attached as Exhibit C, both fully executed by Vail Associates, Inc. 2. Effluent Discharge Relocation. (a) The Company shall pay for up to 90% of the cost of designing, permitting and constructing the relocation of the Pipeline to a point 70 feet t downstream of the Raw Water Diversion Point as generally depicted on the attached Exhibit D (the "Pipeline Relocation"). The capacity of the Pipeline shall be 10 efs. (b) The Company shall obtain the written agreement of the CWCB that the point of discharge of the Pipeline Relocation is considered to be upstream of the Raw Water Diversion Point for purposes of administering the CWCB's applicable decreed Eagle River instrearn flow water right and prevents injury to such iTistream flow water right. (c) in the event the Company is unable to obtain the written agreement of the CWCB as provided for in paragraph 2(b) above, then as an alternative to paragraph 2(a) above, the Company shall pay for the cost of designing, permitting and constructing the relocation of the Pipeline to a point on the south bank of the Eagle River directly across the river from the Raw Water Diversion Point (the "Pipeline Relocation Extension"), and then obtain the written agreement of the CWCB that the point of discharge of the Pipeline Relocation Extension is considered to be at or upstream of the Raw Water Diversion Point and prevents injury to the applicable CWCB Eagle River instream flow water right. 3. Water Service Commitment. Contingent upon and subject to (a) the requirements of paragraphs 1 and 2 above, and (b) the secural of all permits for and the completion of construction of the applicable Pipeline Relocation or the Pipeline Relocation Extension, the Authority agrees to provide sufficient water to the Property on the same basis as other users within the Authority's service area to meet the construction, residential, municipal, irrigation, recreation and other incidental water demands of the Property, The Authority's water service commitment to the Property hereunder, however, shall be limited to the municipal water supply requirements of a maximum of 458.15 SFEs. OR f1i 1.0 r, 10 I May-03-2006 14:06 From-ERM 9704764089 T-158 P-004/010 F-355 4. Customer �Char es. Currently all customers within Avon pay directly to the Authority plant investment fees and finished water storage fees at the time of book up, and the monthly service charges of the Authority. Nothing contained in this Agreement shall modify this arrangement and all customers within Avon shall continue to be directly responsible for the payment of such fees and charges. 5. Miscellaneous: (a) This Agreement may not be amended nor any rights hereunder waived except by an instrument in writing signed by The parties sought to be charged with such amendment or waiver. (b) This Agreement shall be interpreted in accordance with and governed by the laws of the State of Colorado. The forum for resolution of any and all disputes arising hereunder shall be the District Court in and for Eagle County, State of Colorado. (c) The paragraph headings herein are inserted for convenience of reference only and do not define, limit or prescribe the scope of this Agreement. (d) The parties agree to execute such additional documents as may be reasonably required to implement the terms of this Agreement. (e) The terms of this Agreement shall be binding on the parties' successors and assigns. (f) Notwithstanding any interpretation of any term or condition to the contrary, water service to any customer or property within Avon shall be subject to all other rules, regulations, fees and requirements of the Authority. EXECUTED as of the date first set forth above. UPPER EAGLE REGIONAL WATER EAST WEST RESORT DEVELOPMENT XIV AUTHORITY, a quasi-municipal corporation L.P., L.L.L.P., a Delaware limited liability limited of the State of Colorado partnership By: By: Name: Name: Title: Title: M9630 I May-03-2006 14:07 From-ERM 9704764089 T-158 P-005/010 F-355 COUNTY OF 5�!� -- EX The foregoing instrument was acknowledged before me jhis AL day of ag;ZLL—�', 2006, by s of the Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado Witness my hand W. A % ...0 A MY COMMISSION EXFOW MAY 16, 2006 STATE OF COLORADO ) ss. COUNTY OF My commission expires The foregoing instrument was acknowledged before me this - day of ;1 2006, by as of East West Resort Development XIV L.P., L.L.L.P., a Delaware limited liability limited partnership Witness my hand and official seal. My commission expires Notary Public Eli rZI9630 19 May-03-2006 14:07 From-ERWSD 9704764089 T-158 P-006/010 F-355 I',9 Description of Property rd 9 6.3 () m May -03 -2006 14:07 From-ERM 9704764089 T-158 P-007/010 F-355 EXHIBIT B Special Warranty Dee This Deed dated this day of April, 2006, is from Vail Associates, Inc., a Colorado corporation ("Vail") to the Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado (the "Authority'), whose address is 846 Forest Road, Vail, Colorado 81657. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vail hereby grants, bargains, sells and conveys to the Authority all of Vail's right, title and interest in and to the following water and water rights: 5.47 of The 43-75 acre feet of consumptive use water, at a flow rate not to exceed 0.623 cfs (plus an additional flow of 0.623 cfs when not needed by the Beaver Creek Metropolitan District for domestic water supply purposes within its service area), from the Townsend Ditch water rights decreed by the District Court in and for Water Division No. 5 (the "Water Court") in Case Nos. W-2746, 85CW026 and 85CW608 for domestic, commercial and municipal purposes. This water right is more particularly described in the reservation contained in the Warranty Deed recorded at Reception No. 474393 of the Eagle County real property records. The 0.2 cfs of the Townsend Ditch water right reserved to E. Willis Nottingham by deed recorded on February 28, 1978, in the Eagle County, Colorado records (Reception No. 163 766), shall be considered to be part of and burden this 43.75 acre feat and the 5.47 acre feet conveyed hereunder shall bear a proportionate share of this burden. However, by this conveyance, the Authority shall obtain no interest in the 0.033 cfs of the Townsend Ditch water right transferred to the Trapper's Cabin Well by decree of the Water Court in Case No. 87CW217, and this interest shall not burden the conveyance hereunder. Together with all appurtenances thereto, and warrants title to the same against all pu-rsons claiming under Vail. Executed as of the date first set forth above. V,.4,IL 4SSOCIATES, INC., a Colorado corporation .0 Name: Tide: 19 W9630 N May-03-2006 14:07 From—ERM STATE OF COLORADO COUNTY OF 9704764089 T-158 P-008/010 F-355 The foregoing instrument was acknowledged before me this 2006, by as of Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: W630 Notary Public k] day of I May-03-2006 14:07 From-ERM 9704764089 T-158 P-009/010 F-355 Special Warranty Deed And Assignment FOR TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, Vail Associates, Inc., a Colorado corporation ("Grantor") hereby sells, grants, transfers, and assigns to the Upper Eagle Regional Water Authority ("Grantee"), whose address is 846 Forest Road, Vail, Colorado 81657, four (4) shares of Class B Series 2 stock (The "Subject Shares") in the Eagle Park Reservoir Company ("Company"), which are represented by Certificate No. (copy attached as Exhibit 1), together with all associated water rights, rights for The use of water, and other rights represented by the Subject Shares and warrants title to the same against all persons claiming under Grantor. Grantor does hereby irrevocably constitute and appoint the Secretary of The Company to transfer said Subject Shares upon the books of the Company with full power of substitution in the premises. EXECUTED as of this _ day of 2006. "WAIL ASSOCIATES, INC., a Colorado corporation =1 COUNTY OF EAGLE The foregoing Special Warranty Deed and Assignment was acknowledged before me this day of - - P2006,by as of Vail Associates, Inc., a Colorado corporation. My commission expires: rd9630 Notary Public Ell a May-03-2006 14:07 From-ERWSD rn X co 9704764089 T-158 P-010/010 F-355 CtLmdE caw*rr DA6" 31 �` ` `aa Jill Fs To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: May 3, 2006 Re: Resolution 06 -23, Budget Amendment Summary: A budget amendment to the Transit Enterprise Fund is proposed for two separate and unrelated changes since the budget was adopted in November of last year. The first change represents the cost and related revenues associated with the additional service hours in bringing bus service to the Village at Avon. The second change is the additional cost and associated federal grant revenues related to purchasing a hybrid bus. The General Fund does not have to be amended as previously discussed with Council. The Town will be relying upon transit revenues from billings to the Village at Avon to pay for the additional cost of service. Discussion: Village at Avon Bus Service. At the Town Council meeting on March 28, 2006, Council directed staff to begin offering bus service to the Village at Avon. This will most effectively be accomplished by expanding the existing Town Shuttle route into the Village at Avon, and by re- activating the Hurd Lane Shuttle that was cut from the original 2006 budget and expanding it into the Village at Avon. In addition, operating hours will be provided from 7 a.m. to 11:00 p.m., seven days a week throughout the year. This expanded service will begin May 27. Transit staff has finalized the routes and will begin advertising the change in service within the next week. An informative campaign will begin in the newspapers, as well as providing flyers to Buffalo Ridge residents. Hybrid Bus. The original budget provided for the purchase of a new low -floor 35 ft. bus for approximately $250,000. Eighty percent (80 %) of the cost is funded by federal grants. The revised cost for the purchase of a hybrid bus is approximately $450,000. Again, eighty percent of the cost of the hybrid will be funded by federal grants. The twenty percent match reflected in the revised budget is equal to $90,000. m 0 Financial Implications: The budget amendment increases expenditures by a total of $448,100. Of this amount, $200,000 is for the additional cost of the hybrid bus mentioned above. The remaining $248,100 is for additional personnel costs, fuel, and fleet maintenance costs associated with the addition of approximately 4,000 service hours for the expanded Town and Hurd Lane Shuttle routes for the remainder of the year. The additional expenditures for the expanded service include two (2) additional full -time positions — a full -time bus driver and a supervisor position. With year -round service now being offered, and an increasing amount of charter service, especially in the summer season, additional full -time positions are warranted and provide better stability in this employment market. Estimated revenues are proposed to be increased by a total of $436,802. Federal grant monies that cover 80% of the cost of the hybrid bus are being increased by $160,000 (80% x $200,000). The remaining revenues are associated with billings to Traer Creek Metropolitan District for their prorated cost of the Town and Hurd Lane Shuttles that are being extended into the Village at Avon. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: x Attachments: A - Resolution 06 -23 B — Transit Enterprise Fund, Pages 1 -4 • Page 2 im RESOLUTION NO. 06 -23 SERIES OF 2006 A RESOLUTION TO AMEND THE 2006 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2006 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2006, AND ENDING ON THE LAST DAY OF DECEMBER, 2006. WHEREAS, the Town Council of the Town of Avon has adopted the 2006 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2006; and WHEREAS, the Town Council finds it necessary to amend the 2006 budget to more accurately reflect the revenues and expenditures for 2006; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2006: Original or Previously Ending Fund Balance $ 223,912 1 Current Proposed Amended 2006 Budget $ 113,099 2,643,396 2,543,881 $ 212,614 N Amended 2006 Budget Transit Enterprise Fund Beginning Fund Balance $ 113,099 Revenues and Other Sources 2,206,594 Expenditures and Other Uses 2,095,781 Ending Fund Balance $ 223,912 1 Current Proposed Amended 2006 Budget $ 113,099 2,643,396 2,543,881 $ 212,614 N Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 9`i' day of May, 2006. Patty McKenny, Town Clerk 2 TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor Transit Enterprise Fund #52 Amendment No.1 Total Operating Revenues 1,373,479 1,220,601 1,306,594 1,743,396 436802 Other Sources Sale of Fixed Assets 2.055 - - ' - Transfers |n from General Fund -{}pendinA - 745.000 750.000 750.000 - Transfers |n from General Fund -Capita| 390000 00000 150,000 150000 - Total Other Sources TOTAL REVENUES EXPENDITURES Transportation TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS 392,655 835,000 900000 Original or Proposed Estimated Prev. Amended Revised Difference Actual Yearend Budget Budged Increase 2004 2005 2006 2006 REVENUES Taxes $ 322.904 $ - 8 - $ - $ - Intergovernmental 117,068 195,532 200.000 360.000 160.000 Charges for Services 927.410 1.016.544 1.098.069 1.304.215 6t266.146 Other Revenues 5199 8,525 8,525 19,181 Total Operating Revenues 1,373,479 1,220,601 1,306,594 1,743,396 436802 Other Sources Sale of Fixed Assets 2.055 - - ' - Transfers |n from General Fund -{}pendinA - 745.000 750.000 750.000 - Transfers |n from General Fund -Capita| 390000 00000 150,000 150000 - Total Other Sources TOTAL REVENUES EXPENDITURES Transportation TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS 392,655 835,000 900000 900,000 - 113090 - 1,766,134 2,055,601 2,206,594 2,643,396 4- 436,802 1,754,741 1,957,032 2,095,781 2,543,881 448,100 1,754,741 1,957,032 2,095,781 2,543,881 448,100 11,393 98,569 110,813 99,515 (11,298) FUND BALANCES, Beginning mfYear 3,137 14,530 113,099 113090 - FUND BALANCES, End mfYear im Transit Enterprise Fund #52 Amendment No.1 Description Accomodations Tax Total Taxes Intergovernmental: Federal Grants: FTA Grant Total Intergovernmental Charges for Services: Transportation: Beaver Creek Bus System Charter Regional Transit Authority Vail Resorts Village at (Avon) Total Charges for Services Other Revenues: Original or Proposed Estimated Prev. Amended Revised Difference Actual Year-end Budget Budget Increase 2004 2005 2008 ----' 2006 322,904 ' - - - - - 117,966 195532 200,000 360 - 160,000 Miscellaneous Nonclassified Revenues 5,199 8,525 8,525 8,525 - 117866 195,532 200,000 360000 160000 Other Sources: - - 714.877 778.564 868.729 890,257 - � - 23.528 82.733 87.980 81.340 81.340 - 100.000 100.080 100.000 100.000 - 50'000 50.000 50.000 50.000 - - - - 242,618 - 927,410 1,016,544 1,098,069 1,364,215 - 266,146 Employee Housing Rentals - - - 10fK56 10,656 Miscellaneous Nonclassified Revenues 5,199 8,525 8,525 8,525 - Total Other Revenues 5199 8,525 8,525 19,181 Other Sources: - - Sale of Fixed Assets 2.655 - - - - Transfers |n from General Fund -OpenaUng - 745.000 750.000 750.000 - Transfers |n from General Fund -Capito| 390,000 90,000 150000 150000 - Total Other Sources 392,655 835,000 908000 - 900000 - TOTAL REVENUES - �� � Town of Avon Line Item Detail Amendment No. I Function: Transportation #*ao Personnel: ipm: Transportation #4ao Program: Operations *4nz 61101 Regular Full-time Salaries $ 294,02e $ Original or Proposed . Estimated Prev. Amended Revised Difference Account Actual Year-end auagmm ouagwu |ncn,ws, Number �� Account Description 2004 2005 ou znn Page 3 FA' N Personnel: 61101 Regular Full-time Salaries $ 294,02e $ 291,96 $ 339,227 $ 3e7,37 $ 48,144 61121 PToVYages 390,872 433,610 370.183 415.183 45.000 61122 PTnBonuoen 9,040 12.600 an'nao 38,038 61151 Overtime Wages 79.464 70.000 58.230 64.e80 6.750 61202 Ski Pass 4.893 5,400 e.748 e.748 - 61301 FT Pension 31.899 32.116 37.315 42.611 5.2e6 61302 PTsPension 16.e55 18.957 17.4e2 19.433 1.941 61303 VvoUneas - - 3.550 3.550 - 61304 Employee Assistance Program 1e1 192 216 24* ue 61401 FICA/Medicare 11.483 11.906 12.051 13.527 1,476 61501 Group Health and Life Insurance 62.551 72.e81 85.703 97.147 11,444 61505 Long-term Disability Insurance 2,820 3.007 3,494 4.321 827 61507 Dental Insurance 4.773 4,608 5.940 6.73e 7e2 61509 Worker's Compensation 34.049 30.047 2e.074 62.515 33.441 61510 Unemployment Insurance 5 5 1���1)����1�����_______-_- 1 os z 4 74 aoo 61000 Total Personnel e44�sr 988,991 7o4 1,011,704 1 1O7144 15*5,4440- Commodities: 62401 Gasoline 54.52e 88.157 e5.871 111,871 16.000 62402 Diesel 120.1e1 165,402 179.e75 195.875 16.000 62801 Gifts and Awards 252 1.560 1.560 1.560 - 62e02 Food and Beverages 1.201 1.e85 1.e85 }.een - e2805 Clothing and Uniforms 3.732 e.525 8.525 8.525 ' 62809 Medical Supplies and 1st Am 148 1.000 1.000 1.000 ' 62899 Other Miscellaneous Operating Supplies aso ' - - 62999 Office Supplies and Materials -_-_--_-436500 -__-----_500500- samoo Total Commodities 1��41 2s7�oo uon1s 2��1�, ac1 a1« 32,000 � Services: 63301 Medical Services and Examinations 3.700 6.e10 6.210 e.210 2,000 eaaoo Photographic Services 111 000 200 oou ' 63606 R&M ' Radios and Communications Equipment 13.070 14.700 15.435 15'435 ' 6369e Other Miscellaneous Rentals ---10V65V---___1{\656_ 63000 Total Services 16,881 21,110 21,845 a*501 Page 3 FA' N Town of Avon Line Item Detail Amendment No. 1 Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Account Description Estimated Other Operating Costs: 64102 Dues, Licenses and Memberships 64206 Cellular & Paging 64301 Postage and Delivery 64401 Fleet Maintenance Charges 64403 Washbay Charges 64906 Insurance Deductibles 64998 Depreciation Expense 64000 Total Other Operating Costs Debt Service: 65201 Capital Lease Payments 65000 Total Debt Service 36 Capital Outlay: 66450 Radio & Communications Equipment 66503 Buses and Transportation Related Vehicles 66000 Total Capital Outlay 60000 Total Expenditures - - 5,000 5,000 - 147,458 244,415 250,000 450,000 200,000 147,458 244,415 255,000 455,000 200,000 $ 1,544,857 $ 1,717,576 $ 1,867,137 $ 2,315,237 $ 1, 448,100 Page 4 I Original or Proposed Estimated Prev. Amended Revised Difference Actual Year-end Budget Budget Increase 2004 2005 2006 2006 (Decrease) 1,280 1,650 1,650 1,650 975 1,025 1,025 1,025 36 50 50 50 164,284 170,393 181,737 223,791 42,054 13,305 13,290 13,290 13,290 - 20,551 - - - - - - 91,520 97,470 5,950 200,431 186,408 289,272 337,276 48,004 54,649 9,523 - - - 54,649 9,523 - - 5,000 5,000 - 147,458 244,415 250,000 450,000 200,000 147,458 244,415 255,000 455,000 200,000 $ 1,544,857 $ 1,717,576 $ 1,867,137 $ 2,315,237 $ 1, 448,100 Page 4 I I I,, Me mo To: Honorable Mayor and Town Council C O L O R A D O Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: May 3, 2006 Re: Resolution No. 06 -24, Approving the Final Plat, A Resubdivision of Lot 68, Block 3, Wildridge, Town of Avon, Eagle Count- y, Colorado (4235 Wildridge Road East) Summary: Bernard Weber, developer of Lot 68, Block 3, Wildridge Subdivision, has submitted a Final Plat to resubdivide Lot 68, Block 3, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 68A and 68B. The Subdivision is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Recommendation: Staff recommends approval of Resolution No. 06 -24, Series of 2006, A Resolution Approving the Final Plat, a Resubdivision of Lot 68, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Recommended Motion: I move to approve Resolution No. 06 -24, Series of 2006, A Resolution Approving the Final Plat, a Resubdivision of Lot 68, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Town Manager Comments: C) 1'�� Attachments: Exhibit 1: Resolution No. 06 -24 Exhibit 2: Final Plat F.- icouncil'MEMOS!2006P,esolution 06 -24 L68 B3 WR Final Plat doc RESOLUTION NO. 06 -24 SERIES OF 2006 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 68, BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Bernard Weber has submitted a Final Plat for a Resubdivision of Lot 68, Block 3, 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 68, Block 3, 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. ATTEST: Patty McKenny, Town Clerk TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor F: ICounc&Resolutions120WRes 06 -24 L68 B3 WR Duplex Final Plat.doc MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 25'200G A regular meeting of the Town of Avon, C0|O[3dO was held at 400 BeDChFD8[k ROod, AvOn, Colorado iO the Council Chambers. Mayor Ron Wolfe called the meeting to order at6:1O PM. A roll C@U was taken and Council O0eDlb8nS present were Debbie BuCh|ey, P{hSb Ferraro, K8@C yNCO8vitt' Amy Phi||ipS, Brian Sipes, and T@Dl[8 Nottingham Underwood. Also present were Town Attorney John Dunn, /\SSt. Town KV8nagerJ@CqUie H8|bU[Ot, TOvVD Clerk Patty K8cKenny, Town Engineer Norm Wood, Public Works/Transit Director Bob Reed and Community Development Di[eCtO[T80bi P{8deb' as well 3S members Of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST yW@yVr VVO|fe noted that scholarship awards vvOu|d be added to the agenda under New Business. There were DO 8AeOd8 it8[n3 that vvOu|d require @ diSC|OSUP2 of 8 CODUiCt Of interest 0[eXp@rt8 CO[DDlun|caUOO. CITIZEN AND COMMUNITY INPUT W1B|iSa RuxvO|d—ThUOO the new Avon Elementary GChOO| principal addressed the l[VxVn Council. She provided a brief Update as to what she xV0u|d be implementing in her new role, i.e. implement dual language program for kindergarten 0D|y, team teaching classrooms, improve image nf/\E8' hold COrOnOUnity meetings in the /\vOn. Cne8t8 @ f@CL Sheet 8b0Ut/\E8' encourage |OCa| businesses to support the school, address parking issues, hire coordinator for bilingual programs, add @ community liaison for parents, and hire new staff. Chico ThU0n.VVi|dridQe resident addressed the Council about dogs at large and speeding in VVi|dridge. Discussion ensued about both topics; it was OO[Bd that the Avon Police have been informed to address both topics with zero tolerance and issue tickets when necessary. ORDINANCES John Dunn' Town Attorney, presented Ordinance NO. 08-05. Series Of 2008. on Second Reading, An C)FdiD8OCe Amending Chapter 8.32,l-iU8 O. Avon Municipal Code, Fle|8dng To The Protection Of Wildlife And Providing Penalties For The Violation Hereof. He noted that these proposed revisions to the BXiSUDg ordinance intended to help with enfOFCRrOeOt Of this |egiS/@b0O; he noted the further changes were made to clean up some of the |@DgU@gH of the ordinance. It was also noted that since first reading three changes have been made as outlined iD the council packet memo and some further changes made iDtypos. yWay0[ VVO/fe opened the public hearing. Peter Buckley CO00eDied on this |egiS|@dOn. noting that it is Unneeded, unwanted, unnecessary |egiS|8UOO. His comments were that the people who live in /\VOO do not need instructions on how to put trash out by the CU[b and that the legislation ShOU|d be repealed. K88yOr VVV|fe C|OGed the public hearing. Mayor Pro l[enO Underwood moved to approve Ordinance No. 06-05 Amending Chapter 8.32.Tit|e 8, Avon K8uO)Cipa| Code, Relating To The Protection Of Wildlife And Providing Penalties For The Violation Hereof. Councilor Sipes seconded the motion and it passed unanimously. l[3nobi K8tieb' Community Development Director, presented C)nJin8nCe NO. 06-08. Series of 2000. OO First Reading, An Ordinance Amending Title 8. Municipal Code of the Town of Avon, Defining Building A[tivity, Declaring Abandoned Building Activity 8 Public Nuioance, and Providing Penalties For Abandonment. He noted that this proposed amendment is intended to expand the ability Of the Town to provide abatement for abandoned construction activity. v' it would allow the town access io the funds the funds would be released only for the public improvements v' the trustee is the gatekeeper function v' two construction accounts would be established /t0VVD S|A improvements = a account; all other improvements =baccount the town will see all the requests for payment Discussion ensued 0D the topic ofthe|ndeDtunBnfTrUSt.|he proposed funding resolution, which should |OOh similar to that VfT[aer Creek's funding resolution, the section addressing the event of defau|ts, the engineer's certificate language (per Mike GUper. Alpine Engineering, the language would be revised to include "substantial COOfO008Dce"). Town Attorney John [}UDD then addressed the K0{JU, noting that it is a bridging document. CornnneDtS were rnGd8 regarding the following topics: • The cash restoration bond and timeline in which the parties are required to comply • Explanation of why the g0DdO(8 was not included in the 8|f\ (gondola not considered @ public improvement) ~' How is the construction of the gondola guaranteed and what document states that it will be built /are there remedies in the development agreement that address that question. Rick Travers, Wear Travers & Perkins and attorney representing East West Partners, addressed COUOCi|, OOiiDg that there are district operated improvements & LOvvD owned improvements which S8pGF@teS what is included in the G|A. He pointed out the remedies that have been included in the agreements that would address this topic. After some d8|ibera[ion, it was agreed by all parties to draft a separate S|A that vvOu|d address the guarantee of the construction of the g0DdO|8 with the Confluence K8et[O District. It was also noted by Rick T[8Ve[S that the :oOst[u[JiOD Of the gondola VVOU/d proceed prior to the final funding of that particular piece of improvement. yW8yo[ [z[O Tern moved to approve F<eSO|UtiOD NO. 08-18' Series Of 2006, ReS0|Uti0O Approving a K8e[DO[8DdU[D Of Understanding ("MOU'') and the Form of a Subdivision Improvements Agreement /^S|A''\ relating to Riv8rf[OOt Subdivision with the following recommended Changes in general to the agreements: / G|A—Section 10 will SO0ehOVv refer to ReSn|UbOn -AmeOd Section 4 Of Resolution 10 state — 8|A— G8CfiOD 0. include "substantially in accordance with" / MC)U— amend Section 3 • Resolution — include a Section 4 —the TOvvO & Confluence Metro District shall enter into 8 SHp8[8te G|A addressing the C0OS[[UCtiOn of gOOdO|8, fO[OO to be determined. • K8[>U — Section 1 — include the issuance of the foundation permit to East West Resorts Development Company Councilor McDevitt seconded the rDOti0D. The DlOtiOO passed UD8OiDlOuS|y by those [n8rDb9rS present (Ferraro & Sipes [eCUS8d due tO conflict Vfintenest\. J8# Schneider, Engineer, presented R8GO|UtiOD NO. 06-19. Series Of 2006. Resolution approving the Final Plat, @ F<eSUbdivisioO of Lot 42A, Block 4, VVi|dridge, Town of Avon, Eagle County, Colorado. (]xvDerS of the lot have submitted @ final plat to reSubdivide Lot 42A, Block 4. creating duplex |OtS with street addresses Of51O5-VVand 5101-E L0ngSUO Lane. Councilor Sipes 0OV8d t0 approve F{eS0|UtiOD NO. 06-19. Series of 2006, F{eSO|utiOO approving the Final Plat, a ReSUbdivision Of Lot 42A. Block 4, VVi|dridge. Council McDevitt seconded the motion and it passed unanimously. Regular Council Meeting Page am4 April 25, 2006 NEW BUSINESS Mayor Wolfe briefed the public on the interviews that were conducted at the work session in order to select new members to the Planning Q Zoning Commission. Mayor Wolfe moved to appoint the following people to the respective terms to the Planning & Zoning Commission: One year terms: Chris Evans &Julia Foster Two Year Terms: Andrew L8De, Phil 8t[UV8, 7-Odd Goulding and Terry Smith Councilor Sipes seconded the motion and it passed unanimously. K8@yOr VVVUe noted that the Council selected two Students to receive the Town of Avon Scholarship awards (a kJOd created by former Mayor Buz Reynolds, Jr.) Councilor McDevitt moved to expend 100Y6 Of the funds 8CC[u8d in the scholarship funds to two students Se|BCt8d at the e8di8[ VV0[k session meeting. Councilor Sipes seconded the motion and it passed uD3DiDlOUS(y. TOWN ATTORNEY REPORT Town Attorney, John Dunn spoke about the status of the motion made bv Union Pacific Railroad related t0 the at grade n8i|rO@d crossings, noting that UP has stated it VvGOtS to rejuvenate the Minturn nail yard to store 500 C@rS. creating an active rail n3@d line in the area. Dunn noted that 8 response t0 that 0OtiOO was filed today in hopes that the Public Utilities commission would consider the item Sb|| this week. Dunn noted that he has also spoken with K8iOturn about the Dl8tt8[ MAYOR REPORT Mayor Wolfe presented updates OD the ECO board retreat that went very well and 8request by Stone Creek Charter Elementary School who is looking for a location for their school. CONSENT AGENDA Mayor Wolfe asked for 8 motion On the Consent Agenda below. COUDCi|OF E]UCk)ey moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from April 11, 2006 Meetings There being no further business to come before the Council, the regular meeting adjourned at RESPECTFULLY SUBMITTED: Patty McKeOOy. Town Clerk APPROVED: Debbie Buckley KhstiFenra0 Mac McDevitt /\rny Phillips Brian Sipes T@0r@U0erwood Ron Wolfe Regular Council Meeting xph|25.2006 Page 4of4 AL:411;eJ To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Jeffrey Schneider, Engineer II Date: May 3, 2006 Re: Eaglebend Drive /Stonebridge Road Streetscape Project — Stonebridge Road Bridge Additional Architectural and Engineering Services Summary: As part of the Eaglebend Drive /Stonebridge Road project, the bridge rail on the Stonebridge Road Bridge is to be replaced. The bridge rail on the Stonebridge Road bridge was installed decades ago prior to annexation into the Town of Avon. The bridge rail currently does not comply with CDOT M & S standards for bridge rails. For this project, we have proposed replacing the bridge rail with a compliant rail. Town Council, at various meetings, has directed staff to incorporate decorative architectural appurtenances and lighting to the bridge. Council directed that staff present the design to Planning and Zoning Commission (P & Z) for input and comments. In response to comments received at the April 18, 2006 P & Z meeting, staff approached Intermountain Engineering requesting additional architectural and engineering services. The proposal from Intermountain Engineering is attached as Exhibit A. Discussion: Council was presented with examples of several different bridge designs. A critical constraint to the project is that we must keep additional loading off of the bridge and to replace the railing with a rail of similar weight. This would avoid the need to perform a costly structural analysis of the bridge. At the October 25, 2005 Council Meeting, Council was presented with a standard, utilitarian rail which met current CDOT design standards and had no architectural enhancements whatsoever. Staff was subsequently directed to provide alternatives to the design to add ornamental items such as stonework and lighting. At the November 8, 2005 Council Meeting, staff presented photos of various other bridges, and a conceptual design was selected. The conceptual design consisted of installing a total of eight stone monuments, four at either bridge rail terminus and four on the corners of the I:AEngineering \CIP\Eaglebend StreetscapeA2.0 Contract Services\2.2.3 Engineering Design Service Contract\Addidonal Design Memo 5 -9 -06 Council Mtg. Doc 1 bridge. The comer monuments were located above the wingwalls so as to not place loading onto the bridge deck. At the December 13, 2005 meeting, Council was presented with design options based on input from the previous meeting. Council then directed to make the outer monuments smaller and subordinate to the four comer monuments. Plans for the bridge monuments and rails are shown in Attachment C. Council was also shown various lights such as step lights and embedded LEDs in the bridge rail. Embedded LEDs were selected, along with lighting on the comer monuments that was to be "Lantern Style." Various lighting configurations were investigated, and installing lighting in the rails for pedestrians was the preferred approach. However, the bridge rail diameter would have to have increased to a much larger (and heavier) rail configuration. Staff was directed to locate "lantem- style" lights for the comer monuments. Ambient lighting at the site is believed to be adequate for pedestrian safety, and will be aided by the proposed comer lights and nearby streetscape light installed in conjunction with the bus stop. A brief update to Council was presented at the February 28, 2006 meeting showing the selected lantern style fixtures. Council felt that it did not blend well with the stone monument and provided a sketch of a preferred concept to staff. At that point, Council directed staff to present the revised design to P & Z. Staff presented the design to P & Z on April 18, 2006. The design was tabled and the following comments were noted: • No sodium lights are to be used, metal halide only; • Full elevations and color architectural renderings are needed; • Material samples should be provided; • Monuments appear too slender; • The light fixtures should be copper; • More details on the monument facade and rail colors. Draft minutes from the 4 -18 -06 meeting are attached as Exhibit B. The requested design details are beyond the scope of expertise in typical engineering design services. In response, staff has requested a proposal for supplemental architectural design services to better address the design issues raised by Council and P & Z.. Since the architectural changes will impact the engineering, staff felt that having the additional services under the primary civil engineering contract with Intermountain Engineering would be the best way to incorporate changes seamlessly throughout the project. l:AEngineering \CIP \Eaglebend StreetscapeA2.0 Contract Services\2.23 Engineering Design Service Contract \Additional Design Memo 5 -9 -06 Council Mtg.Doc 2 IZ- Attachments: Attachment A — Intermountain Engineering Proposal Attachment B — Minutes from April 18, 2006 Planning and Zoning Commission Meeting Recommendation: Approve Intermountain Engineering's proposal for additional architectural and engineering services in an amount not to exceed $15,000 without prior written approval. Town Manager Comments: 1:\Engineering\CIP\Eaglebend Strectscape\2.0 Contract Services\2.2.3 Engineering Design Service Contr-act\Additional Design Memo 5-9-06 Council Mtg.Doc 3 05/031ZUUb 11:14 9-IU9499339 MTEP-MOUNTAIN ENG. PAGE 01/el-- May 3. 2006 jeff-rey Schneider I own of Avon P.O. Box 975 Avon, CO, 81620 Re: Stonebridge Aesthetic Enhancement, Extra Design Services Cost Proposal inter - Mountain Engineering, Ltd. (51E) is pleased to present this proposal for extra architectural and engineer-mg design services for revision of the construction documents for the Eaglebend Drive and Stonebridge Road Improvements rrroject to incorporate changes requested by the Town Council and Planning and Zoning Cornmissior, including the fallowing: I - Architectural Services (Eric Smith Associates, ESA): a, create one or two concepts with variation,; in the monuments and a PowerPoint presentation for concept selection by the Planning and Zoning Cormnission and b, develop a color illustration of the bridge concept in elevation with limited surrounding context and a color/materials board for the selected concept 2, Structural Engineering Services (Lonco). modify the bridge monument and rail drawing and details to reflect the associated aesthetic enhancements 3, Electrical Engineering Services (A.EQ., modify electrical drawings and details to incorporate material changes to the bridge lighting 4, Civil Engineering Services (WE). coordinate the above efforts and modify the construction documcnts to reflect associated changes. The extra design cost for completing these revisions will not exceed $15,000.00 plus reimbursable expenses without your prior authorization. Please note that this total does not include the cost of attending public hearings or meetings, as requested by To%% staff which will be billed on a firae and materials basis at the hourly rates for the attending personnel (ESA, $85/hr andior TIVE, $11. 5/hr). It also does not include field investigation or engineering analysis of the existing bridge structure, which would be treated as an extra service (if required to accommodate the selected concept). A breakdown of the cost of services associated xith each itern is provided below- 1. Completed in house by IW- $2,120.00 2. Subcontract to ESA 55,800 x 1.15= 56,670.00 I Subcontract to Lorco, S4, 800 x 1. 15 = S5.520-00 4- Subcontract to AEC $600 X 1.! 5 = S690-00 A copy of ESA's proposal is attached_ Sincerely, dIa E, Nfen.do ME Littleton� CUIQ('ado Pn,0,j&: (W3) 948-6220 Fax: 130 31 94S-6.�,-6 4M I US Hwy 6, &01e, 203 * PO Box 9-,8 s Avon. Cdcf"RdO 81620 Pho-ie- {970) 949-5072 Pax: (970) 949-9139 ToU Free: (800) 8,56-22S8 I 05/03/22006 11-14 9709499339 tn EM Emu= F0. Box 978 Avon, CO 81620 RE: Inter-Mountain/Stonebridge .give Bridge A- 2753 V! Thank you for the opportunity for Eric Smith Associates, P.C. (ESA), to provide a proposal for whitectural services related to the abov"eArenced project. BSA proposes to provide our services for gi-aieraLion of colored CAD drawing(s) of the bridge in elevation and limited surrounding context. That final drawing- will be based on one favored concept derived from either the current design as previously presented to the Town, or one or two concepts having variations in the monument; creation of a Powerpoint file of any or all associated drawings; a colon-V materials board associated with the chosen concept. Mer than telephone/ fax/ email communication, our presence at any public hwrizp or meetings in Avon with the staff will be billed is addition to this fee at an hourly rate of $85 M per hour on an as- needed basis. For budget purposes, ESA proposes to provide this scope -of -work for a f= of $5,900M. All reimbursable expenses, such as postage, bluepnts, travel, photocopies, photographs, etc,, will be billed at one paint one (1-1) times their direct cost. If this proposal is acceptable to you, please sign below and forward a copy back to our office, SO that tW,- project can be added to our work schedule. t Scott Nrunn , Princip AuthonzatQn MUC SNMi ASiSOZC31V73"L I P.C. C: Jeff Sp 1, Inter-Mountain BngL=fx& W, Ashley Km&,, BSA ES-A 9k Eric Sr S Associate3, P.C. & 2241 17th Street 1 U47wder, Colorado 80302 , Tel: 303 442-545 0 Fax 303-442-4745 Town of Avon Planning & Zoning Commission Meeting Minutes VON April 18, 2006 C 0 L 0 R A D 6 5:00 pm - 6:30 pm - Work Session 1. Call to Order Called to order at 5:35pm U. Roll Call All commissioners were present with the exception of Commissioner D'Agostino. 111. Additions and Amendments to the Agenda None Ill. Conflicts of Interest None V. Consent Agenda • Approval of the April 4, 2006 Planning & Zoning Commission Meeting Minutes. Commissioner Green moved to approve as submitted, Commissioner Smith seconded the motion. The motion passed with Commissioners Savage and Buckner abstaining due to absence. VI. Stonebridge Streetscape Improvements Property Location: Stonebridge Drive & Eaglebend Bridge, Eaglebend Subdivision Applicant. • Town of Avon Description: Overview of the proposed streetscape improvement project on Eaglebend Drive and Stonebridge Road for construction this summer. This project consists of installing curb and gutter, bus pullouts, streetscape lighting, and a separated pedestrian/bicycle path on the south side of Eaglebend Drive. Also included is the replacement of the rails on the Stonebridge Road bridge. Town Engineer Jeff Schneider presented the proposed Town improvements for Eaglebend and Stonebridge Drive to include curb and gutter, separated bike path, and new bus stop, and new rails on Stonebridge Drive Bridge. Mr. Schneider requested input on three specific elements including: monuments, color, and lighting. He explained that the schedule was to begin bids in June after gaining CDOT approval. The Planning Commission review began with Commissioner Struve questioning the size and design of the monuments and lighting. Color of the fixture was discussed and there were no color options presented to the Commission. Commissioner Green requested a complete elevation of the bridge (with human figures for scale) instead of individual details of the columns and re-iterated that the lighting with HPS would not be approvable and that Metal Halide was the preference, Commissioner Evans questioned the monument size and proportion in relation to the bridge. There was further discussion on the light fixture design, what type of rocks being used for bases, and the color and material of the rails of the bridge. IE R Commissioner Green move to table this item until next meeting in order for more details to be presented, with Commissioner Smith seconding. All commissioners were in favor and the motion carried with a 6-0 vote. Vill. Sketch Design Plan - Single-family Property Location: Lot 2, Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge / 2510 Old Trail Road Applicant., Michael Sanner, Architect Description: A sketch design for the second of three single-family homes in the newly created Dry Creek Subdivision on Old Trial Road. A final design application for the first lot was approved at the Commission's April 4th meeting. Materials include cedar siding, asphalt and metal roofing, stucco, and stone exterior. Eric Heidemann presented staffs report to the Commission highlighting the three main areas of staff concern: drainage and culvert design as it relates to future Lot 3 development, the maximum square footage of 4,000 square feet including garage requirement and possible exceeding, and the architectural design as it relates to the design approved for Lot 1 that was approved earlier this year. The main discussion revolved around the 'similar yet not identical' issue. The architect was not present but the property owner and developer, Trent Hubbard, approached the podium to address issues raised by staff. Mr. Hubbard clarified the square footage issue and stated that it was a drawing error and would be corrected for the lower level. The culvert would be installed on the downhill side as identified on the approved subdivision grading and drainage plan. The limits of disturbance and undisturbed area to northwest side of structure would be undisturbed. Mr. Hubbard read a statement written by the architect concerning the similarity in designs between Lots 1 and 2. Roof colors and fascia are different, while windows and siding are the same. Chairman Evans further discussed the similarity issue, and asked for elevations for all three structures to better understand the development as a whole. He explained that the towers and the massing are too similar with the two structures. Mr. Hubbard challenged the Commission With the idea of keeping the cooling towers and making other changes and if that would be acceptable. Commissioner Green suggested possibly keeping the towers, yet making modifications to the tower design. There was no action required for sketch design plans. Vill. Transit Station Design Plan - CONTINUED Applicant / Owner. Town of Avon Description: Design review for the proposed Transit Center Design including: shelter, pavement and sidewalk materials, landscaping, and lighting. This item was first review by the Planning Commission at their April 4, 2006 meeting. Steven Spears made a presentation to the Commission to explain how he arrived at the current bus layout given the parcels we have to work with, and after review of four different design options. Alternative #2 was identified as the preferred design option for the site plan layout. The carpet connection was highlighted and the visual energy moving north/south. The water feature and the gondola were the anchoring points. The comments received by staff, Council and the Commission were presented to the Commission. Changes to the proposal since the beginning included: exterior siding was changed to cedar, arch bracing added to match lettuce sheds, gutters and downspouts were added, stone entrances were slightly modified, the EastNVest gable windows and ventilation were added, and a color concrete band was provided around the interior edge of the shelter to hold the trench drain. 0 Mr, Spears presented more design changes and updates for this project. The soils report has been received, snowmelt was currently under heavy review, there was coordination happening with the Confluence developers, and a temporary shelter on Lot 61 was being contemplated. Commissioner Green questioned the bus route and asked why the buses couldn't use West Beaver Creek Boulevard in a counter clock wise circulation instead of doing a loop. back around on Benchmark Road. Mr. Spears explained the transportation planning reasoning for the proposed route and the EGO bus preferences. Norman Wood mentioned making the Roundabout fully functional. Tambi Katieb addressed the Commission concerning bus routes and the long range planning aspect of this project. Discussion continued with the bus turning movements, timing of bus routes, and the location of the transit center being situated between two high activity nodes in an ideal location. Commissioner Green questioned the light fixtures and commented on the battered walls of the shelter. The stone should not be angled with the step fashion of the walls; rather the stone should be horizontally faced and stacked. Mr. Spears stated that this was the intent of the design presented. Commissioner Savage did not agree with the design for the shelter since there was no relation to the other buildings in the area, Commissioner Buckner appreciated the transit design and commented on the areas where the glass would meet the ground and how they should be lined up on the short and long sides of the building with matching heights. Commissioner Evans moved to approve the transit center design plan as presented with staff recommended conditions: All lighting submitted is only conceptually approved, and will require submittal of a site lighting plan in conformance with Chapter 15.30 ("Outdoor Lighting Standards") prior to final construction document approval. 2. Seating in the Transit Shelter shall accommodate a minimum of 20 people. 3. A speed table/crosswalk at the entry to the Transit Center from both east and west approaches shall be included in the plans prior to final construction document. 4. Signs shall not be internally illuminated cabinet signs. Signs will be fabricated out of wood or metal, and illuminated only by the light fixture. 5. The road plan for railroad crossing from the Transit Center shall be revised to be consistent with final approval of the material and paving concept. 6. A 15mph speed limit shall be posted for the extent of the Transit Center from both east and west approaches, 7. A temporary connection shall be installed from the Transit Center to the existing Town mail until final approval of design plans for the Benchmark Court connection. & Modifications shall be provided as necessary to assure ADA compliance., and the addition of the following conditions: 9. All paved areas added as part of this project to be snow melted. 10. Gable vents to match 12:12 roof pitch or be integrate into the siding field, 11. Lighting fixtures at shelter to be approved at later date. 12. Angle bracing to be one plane parallel to garage doors. 13. The cap at top of stem walls to be approved at a later date. 14. Colors to be approved at a later date- 15, End window mullions to match garage doors with bottom panels to be spandled metal or non-clear glass. 'ommissioner Green seconds the motion and all Commissioners were in favor with the exception of 'ommissioner Savage, Motion passes with a 5-1 vote. K. Other Business A. East Avon Work session with Council - April 25t� B. Commissioner Appointments at Council. X Adjourn Meeting adjourned at 8: 1 Opm Respectfully submitted, Matt Pielsticker Planner I APPROVED: Chris Evans Vice Chairman Phil Struve Secretary W ZaA I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Enginee Date: May 3, 2006 Re: Riverfront Subdivision / Town of Avon Capital Improvement Projects Proposal / Short Elliot Hendrickson, Inc. Construction Management /Inspection Services Summary. The attached Proposal from Short Elliot Hendrickson, Inc., (SEH) is for Construction Management /Inspection Services for Riverfront Subdivision, public improvements construction per the Final Plat and Subdivision Improvements Agreement. This proposal was requested in order to provide a level of assurance that construction of the public improvements in Riverfront Subdivision are constructed in accordance with the approved plans and construction documents. This outside monitoring is necessary because of the concurrent level of activity occurring with Riverfront Subdivision in addition to the Town's capital projects and other daily time demands. The proposed services include periodic observation of construction activities, material testing review and assurance testing if required, review and evaluation of potential corrections and changes, attendance at construction progress meetings, review of pay request applications, and other related activities as required to support the administration and monitoring of construction activities required by the Final Plat and Subdivision Improvements Agreement. The Estimated cost of these services based on a May 15 to October 15 construction schedule is $72,711.72. The actual services provided will be on an as needed basis as determined by the Town and may include observation on Town of Avon Capital Improvement Projects in addition to services provided at Riverfront subdivision. The Town will be reimbursed for the full cost of these services at Riverfront Subdivision as stipulated in the Subdivision Improvements Agreement and any costs associated with the Town's projects will be part of the specific project cost so there will be no impact on the current budget. Approval of the SEH Proposal for Construction Management /Inspection Services for Riverfront Subdivision public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost of $72,711.72 is recommended. l: \Engineering \Confluence \2.8.2 Quality Control Services \SEH Proposal MemO.Doc Recommendations: Approve the SEH Proposal for Construction Management /Inspection Services for Riverfront Subdivision public improvements construction in accordance with the Final Plat and Subdivision Improvements Agreement with an estimated cost of $72,711.72. Town Manager Comments: Attachments: Attachment 1 - SEH Proposal for Construction Management Services 1: \Engineering \Confluence \2.8.2 Quality Control Services \SEH Proposal Memo.Doc April 24, 2006 Norman E. Wood, P.E. Town of Avon Post Office Box 975 Avon, CO 81620 Phone; 970 - 748 -4045 Fax; 970 - 748 -1958 Email Address; nwood alavon.org Subject: Construction Management for Town of Avon Capital Improvement Projects Dear Norman, The firm of Short Elliott and Hendrickson is pleased to be able to submit a proposal for The Town of Avon, Capital Improvements Construction Inspection. Please review the information and contact us with any questions or requests for additional information. We look forward to working with you on these projects. Please find the attached project cost worksheet detailing the estimated contract amount required to provide inspection services for the Town of Avon Capital Improvement Projects. I am basing the estimate on 40 hours a week total work for the projects slated for construction this summer. Our Inspector would be expecting 40 hours of work each week, but would be somewhat flexible if some weeks less hours were required and other weeks more than 40 hours were necessary. I am assuming the work will take place between May 15th and October 15th. 2006. The scope, location and amount of work are at the discretion of the Town of Avon. If the needs of the Town change during the course of the project, the resources allocated to this project will be modified to fit those needs. Please call with any questions or comments regarding this estimate. Respectfully yours, Harry Sa 'n Construction Services Manager Short Elliott Hendrickson Inc., Colorado Center,Tower One, Suite 6000, 2000 South Colorado Boulevard, Denver, CO 80222-7900 SEH is an equal opportunity employer i www.sehinc.com 1 720.540.6800 1 800.490.4966 1 720.540.6801 fax Town of Avon Capital Improvement Projects Scope of Services I. PROJECT DESCRIPTION The Riverfront Subdivision will include various capital improvement phases this construction season. Included in the improvements are the following: Earthwork, which entails clearing, excavation and the placement of compacted fill. Road Construction, including the preparation of subgrade, placement of road base, placement of asphalt paving, installation of guard rail, installation of concrete sidewalks, roadway striping and signage. Drainage and debris flow mitigation, including the construction of retention ponds, storm sewers and outlet structures. Re- vegetation and Erosion Control, including measures control during construction, and re- seeding all portions of the projects disturbed by construction. Utilities, Including the construction of sanitary sewer and domestic waterlines. In addition the Town may request similar services with respect to Town administration capital projects of a similar nature. During the construction of these public improvements, Short Elliott and Hendrickson is pleased to offer the following construction management services: II. CONSTRUCTION MANAGEMENT TASKS A. Construction Management /Inspection Services Provide a Project Engineer with the following construction management and inspection support: 1. Construction Coordination: Attend the Contractors Weekly scheduling meetings where issues which are impacting progress, the cost to complete the work, and significant situations encountered related to the construction of the Project will be discussed. Meeting minutes will be reviewed to evaluate the impact of items discussed, decisions reached, direction given, and actions to be taken. 1 I 2. Review of Construction for Conformance with Plans and Specifications: Monitor the Contractor's construction activities with respect to the contract documents and relevant schedule submittals governing the performance of the work. Coordinate with the designer during construction with recommendations regarding revisions to the plans. 3. Processing ff Shop /Working Drawings Submitted by the Contractor: Submittals, design drawings, shop drawings, materials, and test procedures received from the Contractor will be reviewed for conformance to the approved plans. 4. Daily Quality Control Inspection: Perform as- needed quality control inspections of construction activities to document construction activities performed and assessment of conformance with the contract documents. Inspection items will include those identified for the project. 5. Quantity Control: Contractor' pay request will be reviewed for consistency with actual work completed, a synopsis of this review will be forwarded to the Town for its use. 6. Project Documentation: Daily diaries will be completed to document all problems and events that occur during the inspector's time on the project. Diaries will include details of work in progress, labor and equipment utilized, acceptability of materials used, problems encountered, and contacts with or directions issued to the contractor. 7. Materials Testing: Materials testing will be scheduled to assess the contractor's compliance with the requirements of the contract documents. Quality assurance testing will be done on ABC (class 6), asphalt, embankment (including trench backfill) and Concrete. All Quality control testing will be the responsibility of the Contractor. Test results received from the Contractors testing service will be reviewed by the inspector for conformance to specifications. B. Post Construction Support 1. Completion Inspection and Punch List: Conduct a final inspection with the Contractor upon substantial completion. The result of this inspection is the development of a punch list of remaining and/or outstanding work to be performed by the Contractor prior to final project acceptance. 2. As- Construction Drawings: Review for completeness full sized as- constructed-drawings prepared by the Contractor. 2 a 3. Completion Inspection and Close -Out: Following the completion of all punch list items by the Contractor, conduct a final inspection with representatives from the Contractor, to confirm the completion of all work. The result of this inspection will constitute final project acceptance and initiation of the Contractor's warranty period for the work. III. DELIVERABLES Deliverables generated during the project will include the following and will be submitted throughout the duration of the project, or at specific dates commensurate with the deliverable: 1. Project correspondence generated and received during the project. 2. Correspondence concerning the review of material testing. 3. The Contractor will be responsible for submitting certifications to the inspector, these will be reviewed and forwarded to the Town of Avon for their records. 4. Construction management records generated including minutes of meetings, project diary, inspection reports, and other documentation as prepared during the course of construction in accordance with The Town of Avon requirements. IV. ADDITIONAL SERVICES Additional construction management services are available if the Town so chooses, they include but are not limited to the following tasks: A. Review of Contractor's Traffic Control Plan During construction, monitor the Contractor's approved traffic control plan for implementation of traffic signing, barriers, and other traffic control measures. Relocations and adjustments to detours will be coordinated with the Contractor, Town of Avon, and other impacted agencies. B. Quantity Control Quantities of work elements constructed will be measured and recorded to support the preparation and processing of progress pay estimates to the Contractor. Quantities will be documented in an interim quantity book for tracking of quantities constructed as compared to the original design quantities on the project. Quantities of work will be agreed upon with the Contractor and then reflected in monthly progress payment requests. Assist the Town of Avon in resolving disputes in quantities with the Contractor prior to the preparation of the pay estimate. 3 M C. Contaminated Material Notification Monitor construction operations and notify the Town of Avon immediately should contaminated material be encountered or developed on the project. When such material is identified, procedures developed by the Contractor to mitigate the problem will be reviewed and a recommendation provided. DESIGN SUPPORT SERVICES Provide design support on an as- directed basis to the Town Engineer and the Town of Avon to provide the following: A. Responses to Contractor Respond to Contractor request for information, field clarifications, and value engineering proposals. B. Design and Documentation New or revised design drawings of specifications as necessary and assist the Town of Avon in the preparation of documentation for contract amendments. C. Cost Estimates Cost estimates for all proposed changes. D. Emergency Field Inspections Designers can perform emergency field inspections on an as needed basis to respond to field conflicts or engineering clarifications. PROJECT MANAGEMENT A. Progress Reports Prepare monthly progress reports for the Town of Avon documenting project progress, conformance with Contractor's schedule, status of change orders, and potential /ongoing problems. B. Change Orders Prepare project change orders and minor contract revisions. C. Project Coordination Track project costs and coordinate project personnel including surveyors and material testers. D. Certified Payroll Review certified payroll documentation provided by the Contractor and conduct random interviews of Contractor employees to determine if the Contractor is in conformance with EEO policies. 4 N PROJECT COST WORKSHEET PROJECT NUMBER: Capital Improvement Projects - Construction Inspection LOCATION: Town of Avon Avon, Colorado FIRM NAME: Short Elliott Hendrickson Inc. (SEH Inc.), 2000 So. Colorado Blvd, Suite 6000 CO 80222 NAME OF PREPARER: Harry Sabin, P.E. SCOPE OF WORK DATE: April 20, 2006 TYPE OF PROPOSAL: Specific Rates of Pay CONTRACT TIME: October 31, 2006 1. DIRECT LABOR: DIRECT SALARY MULTIPLIER APPROVED ESTIMATED ESTIMATED EMPLOYEE NAME CLASSIFICATION $ /HOUR FACTOR RATE $ /HOUR WORK HOURS COST Sabin, Harry P.E. Project Engineer $46.07 2.95 $135.45 6 812.70 Bair, Joe Project Manager $46.90 2.95 $137.89 30 4,136.70 Plant, Hugh Project Inspector $24.00 2.95 $70.56 874 61,669.44 Colby, Sandy Sr. Contract Specialist 42.68 2.95 $125.48 6 752.88 Total Labor $67,371.72 2. OTHER DIRECT COST RATES: ESTIMATED ESTIMATED ITEM UNIT RATE UNITS COST Mileage Per Mile 0.445 12,000 $5,340.00 $0.00 $0.00 Total Other Direct Costs 5,340.00 3. OUTSIDE SERVICES (Sub - consultants & Vendors), FIRM METHOD OF COMPEN- ESTIMATED TYPE OF WORK SATION COST Total Outside Services 0.00 Total Contract Cost (Sum of Items 1, 2 and 3) $72,711.72 I am a representative of Short Elliott Hendrickson Inc. (SEH Inc.), duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit costs supporting the compensation to be paid by the Department for the professional services on this document are accurate, complete and current at the time of contracting, and include no unallowable or duplicate costs. Short Elliott Hendrickson Inc. (SEH, Inc.) Colorado Center, Tower 1, Suite 6000 2000 South Colorado Blvd. Denver, Colorado 80222 -7900 John W. Simmer, Principal April 27,2006 Date I 9 Hugh Plant Project Inspector General Background Education Mr. Hugh Plant possesses technical education and multi-faceted M.S. Environmental Engineering, experience. He has a proven ability to develop positive working Utah State University (1978) relationships with a wide variety of people. Hugh is self-directed, able B.S. Biology, to work independently in a responsible, solution-oriented manner and University of Utah (1972) has effective oral and written skills. Professional Certification Experience WAQTC Construction Inspector for state highway projects in Colorado. Act Responsible for quality and compliance for excavation and CDOT's Construction Inspector Certified embankment operations, MSE wall construction, drainage features, Storm Water Management and base course, asphalt paving, signage and stripping. He is WAQTC and Erosion Control ACI certified. Crew leader for $2 million Summit chairlift construction project on Mt. Bachelor, Oregon. Involved with all facets of detachable chairlift construction including excavation, steel cages, concrete, tower and terminal erection, electrical, wire rope tensioning and splicing for Vail and Beaver Creek. Environmental Inspector on 200-mile natural gas pipeline construction project in Colorado and Utah. Design for wetland restoration project in Old Snowmass, Colorado. Wrote Phase I Environmental Site Assessments for private land parcels in Pitkin County, Colorado. Involved in ACOE permitting for wetland development. Wrote 1993 and 1994 Wasatch County, Utah, Water Ouality Implementation Report. Conceptualized and wrote the Water Quality Management Plan for Wasatch County, Utah. Certified by Army Corps of Engineers to identify, delineate and designate functional assessments for wetlands. Wrote the Wetlands Mitigation Report for the 1-15 expansion through the Salt Lake Valley. Preparation of final reports for numerous environmental reports. SEHI Hugh Plant I Project Inspector I page I 9 To: The Honorable Mayor and Town Council From: Robert Reed, Director of Transportation & Public Works Jane Burden, Transportation Superintendent Thru: Larry Brooks, Town Manager Date: April 21, 2006 Re: 2006 ECO Transit Summer Service Agreement Summary: Attached is a copy of the Agreement between the Eagle County Regional Transportation Authority (ECO) and the Town of Avon. The Town of Avon is entering into an agreement with ECO Transit to provide: a.) parking of up to one bus at a charge of $100 per bus / per month, b.) fuel for this bus at Town of Avon actual costs including a 10 percent mark up, c.) repair and maintenance of said bus as requested by ECO at a charge of $85 per man hour, commencing on May 15, 2006 and ending on December 1, 2006. Previous Council Action: This agreement is the third summer agreement between the Town of Avon and ECO Transit. Winter parking space, fuel, maintenance, and bus washing agreements for up to 10 buses have been approved for three consecutive years. The summer parking space rental agreement is a down size from ten bus rental spaces in the winter to one rental space for the summer. Background: ECO Transits current facility is in Gypsum which does not allow them to switch or start buses out for up valley routes in a timely manner. Their system incurs dead head miles, miles in which the bus is going to and from scheduled route service), because of this down valley location. The Swift Gulch facility has some excess parking affording the Town an opportunity to rent this excess space. Discussion: This agreement will allow ECO Transit to park a bus at the Town of Avon Swift Gulch Facility for the summer season. The agreement enables ECO to start a route from a more centralized location with the added ability to switch a bus out promptly thereby saving ECO the cost of dead head miles. The Town of Avon is provided a source of revenue for parking space that otherwise might not be used. This agreement is part of a continuing county wide effort to consolidate public transportation services and keep costs to a minimum. Financial Implications: The Town of Avon will be paid the $100 per month plus fuel charges of cost plus ten percent. Bus maintenance will be billed at $85 per hour with prior approval from ECO Transit. Bus washing is $40 per wash. Average total monthly billings from the 2005 ECO Transit Summer Service Agreement were $700. Recommendation: Staff recommends approval of this service agreement between The Town of Avon and ECO Transit. Alternatives: The agreement could not be approved. The Town of Avon would not receive the additional revenue. Proposed Motion: Move to approve the 2006 ECO Transit Summer Service Agreement. Town Manager Comments: SERVICE AGREEMENT THIS AGREEMENT is entered into the day of May 12006, between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority doing business as ECO Transit ( "ECO ") and Town of Avon ( "Avon "); IT IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Parking of up to 1 bus (in a plug in space) at a charge of $100 per month per bus. (b) Fuel at actual cost including ten percent mark up. (c) Repair and maintenance, as requested by ECO, at a charge of $85.00 per man hour. No payment for any repair or maintenance shall be due unless ECO has approved of the work. Services may be commenced with verbal approval by ECO of a written estimate submitted by Avon. Subcontractors may perform certain repair work, for which cost of the work will be charged. Avon shall be responsible for assuring that subcontracted work is performed promptly and in accordance with this Agreement. 2. Facilities. Avon represents that its facilities are in good condition and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. Payment is due within ten days of receipt of the invoice. 4. Term and Termination. The term of this Agreement will run from May 15, 2006, through December 1, 2006, unless sooner terminated in accordance with this Agreement. The parties desire to implement this Agreement as soon as possible. The signatories have the authority to bind Avon and ECO to the terms and conditions of this Agreement. However, continuation of this Agreement is contingent upon the subsequent ratification of the same by Avon council action and by board action of both the Board of County Commissioners of Eagle County at their next regularly scheduled meetings. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. Either party may terminate this Agreement without cause on thirty days written notice. 5. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership or joint venture. Avon shall be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits. 6. Warranty. Avon will promptly correct any defective work appearing within one year after services are performed. This warranty shall be in lieu of all other warranties, express or implied. Avon's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. SIGNED the day of , 2006. TOWN OF AVON i Town Manager EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY Chairman TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MAY 9, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD 7V , , R D PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTI 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 1:30 PM 1:15 PM — 2:30 PM 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, Confluence Water Rights, legal strategy in the face of the Union Pacific's announcement of an intention to store rail cars in Minturn and a review of the decision of the district court in the appeal of the council's approval of PUD zoning for Lot 61, and ATS mediation 2:30 PM — 2:45 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES 2:45 PM — 3:45 PM 3. 2006 ECONOMIC BRIEFING FOR EAGLE COUNTY (Don Cohen, Economic Council of Eagle County) Review of growth issues confronting Eagle County 3:45 PM — 4:00 PM 4. HABITAT FOR HUMANITY, PRESENTATION ON FOX HOLLOW DEVELOPMENT (Tom Healy, Executive Director) An informational presentation about the Fox Hollow project, 16 new affordable housing units in Eagle County 4:00 PM — 4:15 PM 5. EAGLE COUNTY SCHOOL DISTRICT UPDATE (Karen Strakbein, Business Manager) Update on various district topics 4:15 PM — 4:45 PM 6. STAFF UPDATES a. Town of Avon 2006 Street Improvements — Construction Activity and Schedule Update (Norm Wood, Town Engineer) Review of the two phases of street improvements b. Project Status & Summary Report / Memo Only c. Avon Streetscape Lighting Conversion Program Update Plan (Norm Wood, Town Engineer) Memo Only / Program to replace existing streetscape fixtures for consistency town wide 4:45 PM 7. ADJOURNMENT Avon Council Meeting.06.05.09 Page 1 of 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manage - From: Patty McKenny, Town Clerk Date: October 1, 2004 Re: 2006 Economic Briefing for Eagle County Summary: Don Cohen, with the Economic Council, will address the council with regard to Eagle County's 2006 Economic Briefing. He spoke at the recent ECO Board meeting retreat. The briefing addresses the growth issues confronting Eagle County. He noted in his email to Larry "the presentation represents 50 hours of development based on nearly three years of evolving understanding about the current and future economic drivers in Eagle County". He noted that this is a task of the newly formed Economic Council of Eagle County. The ECEC has incorporated as a 501 c6 and is a joint venture between the Eagle Valley Chamber of Commerce and the Vail Valley Chamber and Tourism Bureau. The EVCC board members are Mike Towne (president of the board and regional head of CenturyTel), Gary Martinez (Eagle Ranch) and Barb Hogoboom (Keller-Williams Realty). The VVCTB members are Rob LeVine (Antlers at Vail), Am Menconi (Eagle County Commmissioner) and Peggy Curry (Colorado Mountain College). Three additional board members have been named: Bruce Baumgartner (Eagle County), John Stavney (Beck Builders) and Stan Zemler (Town of Vail). To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Jacquie Halburnt, Asst. Town Manager From: Patty McKenny, Town Clerk Date: May 3, 2006 Re: Habitat for Humanity Presentation Summary: Executive Director Tom Healy will present information on a new affordable housing project, Fox Hollow located in Edwards. Please find attached materials related to this project for your review. Page 1 of 1 Patty McKenny From: Tom Healy [tom @habitateaglelake.org] Sent: Wednesday, May 03, 2006 3:15 PM To: Patty McKenny Subject: Fox Hollow Patty, Attached are: 1) a Schematic Site Plan for our section of the Fox Hollow development, and 2) a proposed design of a typical duplex on the site. For over two years, Habitat for Humanity of Eagle and Lake Counties has worked closely with Evelyn Pinney and Rob Levine, owners and developers of Fox Hollow LLC, to reach a mutually satisfactory arrangement for the purchase of the southern two acres (approx.) of their property for affordable housing. On March 11, 2006, our affiliate signed a Purchase Agreement with Fox Hollow, LLC, providing us a favorable opportunity to build sixteen housing units on the site — eight duplexes — a significant accomplishment in our challenging goal of increasing our presence and impact in Eagle County. On April 25, 2006, the final plat for the overall development of Fox Hollow was approved by the county. We plan to complete the engineering and begin work on the infrastructure by the end of this year and hope to start construction on a minimum of two duplexes in 2007. Fox Hollow is located approximately one and one -half miles west of the traffic light on Rt. 6 in Edwards, immediately west of the blue- roofed CenturyTel Building. The location is ideal for individuals who work in the immediate and neighboring communities. Habitat for Humanity mission is to provide a helping hand to families with housing needs and works with them to build a home they can afford. Candidates for a Habitat home are carefully selected by a committee of the organization. Selected homeowners put in hundreds of "sweat- equity" hours in the construction of their home, make a small down - payment, and begin payment on a no- interest mortgage after closing. In most instances, Habitat homeowners achieve greater stability and accomplishments in their jobs and lives, because of the new lease on life provided by home ownership. It is hoped that the Town of Avon will consider this nearby development as an opportunity to satisfy some of its affordable housing needs. If so, our affiliate of Habitat will be pleased to work cooperatively with you to find a mutually acceptable arrangement. Tom Healy Executive Director 5/3/2006 i # � t.f� �._�.. s...res. s...,« tom �d.� Dtwme..et �uilaix,.�, rciv�- r..��,le� tipR'2'H �a.,...«r�., r��r�,�..<i., sksaz HABITAT FUR HUMANITY PROPOSED 2 STORY PUBLEXES TAB ASSOCIATES, INC. KA [11 L:J I ba Thru: Honorable Mayor and Town Council Larry Brooks, Town Manager From: Norm Wood, Town Engineer Jeff Schneider, Engineer II Date: May 3, 2006 Re: Town of Avon 2006 Street Improvements — Construction Activity and Schedule Update Summary: The 2006 Street Improvement Program consists of two phases: Avon Road and Wildridge Road. Elam Construction was awarded the contract for the project, which includes milling and overlaying Avon Road from Beaver Creek Boulevard to the south and Nottingham Road to the north, including Roundabouts 1 and 2, and curb /gutter /sidewalk work as well as a 2" overlay on Wildridge Road from Wildwood Road to the 4 -way intersection with Beartrap Road. The segment of Wildridge Road from Old Trail Road to Beartrap will be widened and an 8 -foot wide pedestrian lane will be added to the roadway cross section. The schedule for Avon Road construction is summarized below: • May 8 -12 Sidewalk, curb, gutter adjacent to Avon Road; • May 15 -16 Milling Avon Road; • May 17 -18 Paving Avon Road; • May 19 Striping Avon Road; Staff is working with the contractor and with CDOT to ensure that the traffic control plan is sufficient in both preparation and execution. During the sidewalk, curb, and gutter work, work will be confined to the shoulders and it is likely that partial lane closures will be implemented to protect workers adjacent to the roadway. Delays resulting from this portion of the work, if any, will be minimal. Milling operations, beginning Monday, May 15, will involve a closure of entire lanes as the roto -mill passes through. Traffic will be directed into one lane and delays will be minimized, but are inevitable. The Contract Documents state that no work may occur between 7:00am C: \Documents And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \5 -9 -06 Council Mtg Update Memo.Doc and 8:30am as well as 4:30pm to 6:00pm to avoid interference with the highest traffic volumes of the day. Final details are still being sorted out as of the preparation of this memo, but Wednesday, May 17 will involve closures of the off ramp from westbound I -70. All westbound traffic into Avon must use Exit 168, Post Boulevard. This alternative was recommended by CDOT and approval of the Special Use Permit application for this project is contingent upon following the recommendation and could lessen the conflicts caused by periodic closures. As the schedule and traffic control program is finalized, more information will be made available to the public. Public relations efforts such as newspaper press releases, ads, and radio announcements will be employed to notify the public of the closures and detours. Message boards on I -70 will also be utilized as far in advance as allowed by CDOT. The Public Relations Program outline is attached as Exhibit A and will be initiated as soon as coordination with CDOT and the contractor permits. The second phase of the 2006 Street Improvements Project, the overlay and widening of Wildridge Road will likely begin on May 30, 2006 with widening operations in the shoulder starting on the upper portion of the project. Widening work will involve periodic closures of one lane only, so minor delays up to 5 minutes can be expected. Once the road is widened up to existing grade, the overlay will commence. The overlay paving operations will involve one lane closures and will result in delays up to 5 minutes for all motorists. This work will likely be completed by June 30. Attachments: Exhibit A — Public Relations Program Outline Town Manager Comments: C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \5 -9 -06 Council Mtg Update Memo.Doc 2 Avon Road Paviniz Public Relations Program Outline Schedule: Sidewalk/curb work May 8 — May 12 Milling Avon Road May 15 -16 Paving Avon Road May 17 -18 Striping Avon Road May 19 Written notification of construction schedule to the following entities: • Emergency Services • Mass Transit • Beaver Creek Verbal (face -to -face) and written notification to business owners including the two gas stations and Pizza Hut on Nottingham Road. Vail Daily publications and press releases, including a Detour Map. CDOT message boards at Dowd and Edwards, TOA message boards to supplement. Closure summary: May 8 -12: Work adjacent to roadway, no closures, possible minor delays. May 15 -16: Milling work in the roadway, periodic one -lane closures. May 17: Westbound Off -ramp Exit 167 CLOSED. Detours will be signed and message boards alerting closure will be operating. Exit 167 WB off -ramp will be barricaded. May 18: Paving operations, one lane closures on Avon Road. All access to /from I- 70 will be open. May 19: Striping operations, one lane closures on Avon Road. All access to /form I -70 will be open. Entering Avon (May 17, 2006 from 8:30am to 4:30pm): From the East to Nottingham Road or Wildridge: • All traffic must use Exit 168, Post Blvd, detour north to Swift Gulch Road, and west to Nottingham Road From the East to Avon Business District (south of I -70): • All traffic must use Exit 168, Post Blvd, detour south on Post Blvd. to East Beaver Creek Blvd., then West into Avon. From the West to Nottingham Road or Wildridge: • Motorists must use Post Boulevard Exit, then detour north to Swift Gulch Road, then West to Nottingham Road. From the West to Avon Business District (south of I -70): • The Avon off -ramp will be open and Avon Road will be accessible. Leaving Avon: From the Avon Business District (south of I -70), heading east: • Eastbound access to I -70 will be open. From Nottingham Road and Wildridge, heading east: • Motorists must detour East on Swift Gulch Road, south to Post Blvd. to I -70 East. From the Avon Business District (south of I -70), heading west: • Access to westbound I -70 will be closed. Motorists are advised to proceed west via U.S. 6 to Edwards. From Nottingham Road and Wildridge, heading west: • Access from Nottingham Road to westbound I -70 will be open. Note: Final Detours and Traffic Control Provisions subject to change 6A..F • r i 0 L i i • i 0 N a la Ml 0 z (D OF 4F � 0 z 02 2 W 7 0 m 0. 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(D to 0 0 a) 0 co 0 — = Ua =3 0 ¢ a� aD 5 C4 C :t-5 CD (z > W (D -0 - c U) ca 0 to C* co < 0 a) 0 _j 0 a :3 Q (D ca 0 ca CL < co -2 = < V) m E U) 0 :3 ': 0 S- a5 =3 C) 8- = 0 ca �e CL a) M co > co CD >1 (D :E ': >1 -0 :3 LU 0 T Nt c 0 — 0 CL (D 0 0 0 -ia (D -0 a) E C, :3 c o CU CD M co r_ :E @ E E- (D C� M 0 co co 0 0 a) �5 0) 2 co s 0) w E -0 0 co < E 2 -,g E 0) 0 =3 0 > . = 0 0 co LO ca 9 LL o o co F- C\l z 0 0 c c CD CL 75L 0 0 CL CO 0 to C) @ m co w s < 0) - N 0 (1) > U) (D 0 "a = co =3 2: ca V) < �o I J� L:4 I I M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Jeffrey Schneider, Engineer II Date: May 3, 2006 Re: Avon Streetscape Lighting Conversion Program Update (Memo Only) Summary: Architectural Engineering Consultants (AEC) has submitted a preliminary design for the Avon Streetscape Lighting Conversion Program. The program generally consists of replacing existing streetscape fixtures for consistency town -wide. The newly selected fixtures are full -cut off and of high quality. Town -wide replacement will enable Public Works to stock a proper spare parts inventory and will likely decrease the amount of resources spent on streetscape fixture maintenance. Background: The Lighting Conversion Capital Improvements Project is described in the Capital Projects Fund Budget as: "This project includes a lighting study to evaluate existing lighting conditions, adoption of an ordinance to correct identified problems and design and reconstruction of existing town lighting to bring into conformance with adopted lighting ordinance." The lighting conversion for 2006 includes replacing lights along Hurd Lane and West Beaver Creek Boulevard, a total of 78 lights. At a conservatively estimated replacement cost of $2,500 per light, the total construction cost of the project is $195,000. A summary of the project budget is included below: Replacement of 78 light fixtures $ 195,000 Design/Engineering/Consulting $ 3,000 Contingencies $ 4,000 Total Project Budget $ 204,000 Preliminary design documents are included as Exhibit A C:ADocuments And Settings\Nwood \Local Settings \Temporary Internet Files \OLK23 \5 -9 -06 Council Meeting Update Memo.Doc Attachments: Exhibit A — Preliminary Design Drawings Recommendations: Staff to proceed forward with preparing bid documents for replacing 78 streetscape lighting fixtures as identified in the preliminary design. Town Manager Comments: C:ADocuments And Settings\Nwood\Local Settings \Temporary Internet Files \OLK23 \5 -9 -06 Council Meeting Update MemO.DocO Page 2 Go co —) O ui O 4 t 1 o to N LLI Z �1 ��IIW _ w s jjj ffY '� N� Z 4t U w V) Z Q ���+•'w`w. ^`^v4'"�, 4' i§' ~�� r �v� ""��� ( �...T'.'..,,E.} cy� a. L I- 1 p f \. 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REPLACE HEAD PER SCOPE OF WORK DESCRIPTION FIELD VERIFY LOCATION AND QUANTITIES. 17 if , C-Z-.> c:_:) T7 CD my Jj 0 tl� STREET LIGHT LOCATIONS SCALE PER THE DRAWINGS in M in As IN FEET) iil N (D z 0 q 0 O 00 o 46 co co F- _j w 0 N co co C14 W �_;e W 0 0 00 04 cf) z 0 cl i w 0 F- 0 6i Z W a- Lu "i F- II I 0 LU o a w < w (L CD 00 O 00 46 u op 0-0 F_ 71 • 0 W z z (.9 • PZ>Z 2: • UJ L C) • LU F- C-) W _J LU• A W ilN < • • ELECTRICAL SPECIFICATIONS TYPE z I_ tp CATALOG NUMBER 1. SCOPE: Furnish all materials and labor required to execute this work > 00 as indicated on drawing and as specified, as necessary to complete the 4 4" " UCM-SR-STR-H3- contract. ARM ASSY, (SPECIA(SPECIAL) SLC-FLD- 2. Complete provision, installation and connection of lighting fixtures, CIA as specified and as shown on drawings, W LENS COVER SLAII-PR44RI4-226- 3. Provide grounding and bonding Facilities. 16" .,,.—SOLID GIFI-BBS4-30 4. Complete all electrical demolition as required. DIA.,CAST ALUMINUM 5. Test of entire system and work. ,12" 04A-2000 6. PERMITS AND FEES: Obtain and pay for all necessary permits, inspec- REFLECTOR SEGMENTED,TYPE 3 LIGHT z tions, examinations and fees or charges necessary for execution and THE FIMSH� POLYESTER POWDER W DISTRIBUTION WITH 0 W of electrical work. :r uJ HORIZONTAL LAMP POSITION, AAL COLOR DGN 7. REGULATIONS AND CODES: R J_ & STUD CONNECTORS FOR A. Applicable codes: National Electric Code 2005 TOOLLESS, .(SPECIAL) ACCESS TO MATCH" Conform to the prevailing edition and amendments thereto of the NONS, NDTE ±4 Town of Avon Electrical Code, pertinent NFPA publications 1) DUPLEX-GFI (SPEPIAL) and to the requirements of Federal, State or other City agencies PROWDE A SAMPLE COLOR CHIP 30' DR3-120V-1 5AMP.3-WIRE,G ROUNDED WITH having jurisdiction. LAMPING ED-17 WEATHERPROOF COVER,LOCATED 9011 LEFT 8. SHOP DRAWINGS AND SUBMITTAL: :Itp FROM HANDHOLE LAMP TYPE MH A. Contractor shall submit shop drawings for engineer review and approval. 2) SLEEVE (SPECIAU PULSE RATED B. Shop drawing submittal shall include: BREAKAWAY 2ANNER2 SECURED IN POLE WITH 2 SIS SET SCREWS & 0) ANTI-WINDMILLING 98LT. BOLT HOLE SOCKET MEDIUM 1. Lighting fixtures. ARM -BB 7 LPARO"N 4' O.D, TO BE FIELD DRILLED AND TAPPED WATTAGE 70 POL&ADJUSTABLE BY OTHERS. SCOPE OF WORK DESCRIPTION. TO DESIRE POSITION, 3) fLX�E ASS'Y, RBZA1B_M AND FACTORY VOLTAGE MULTI-TAP INSTALLED WITH QUICK DISCONNECTS FOR EASY CONNECTION TO THE ARM ASSEMBLY, ALL BALLAST ARE HPF CON- STANT WATTAGE, DEGREE 1 THE CONTRACTOR WILL REPLACE THE STREET LIGHTING HEADS AT EACH 4) LENS ERAM115 ASSfiMfty _ Ie STARTING, ALL 'ETSARE PO-ICE�AJN, PVLSF RA,7ED 4KVA. DECORATIVE POLE LIGHT ALONG HURD LANE, BETWEEN AVON ROAD AND EAGLEBEND CAST ALUMINUM DOOR WITH GASKETED APARTMENTS. THIS SHOULD INCLUDE A TOTAL OF (29) LIGHT FIXTURES. LIGHTLY DIFFUSED FINISH TEMPERED FLAT ANCHOR 13OLTS THE CONTRACTOR WILL REVIEW THE SITE CLOSELY, FIELD CONFIRM THE QUANTITY OF GLASS LENS,HINGES OPEN WITH (2) SIS THUMB OTY 4 FIXTURES IN YOUR PROPOSAL AND NOTE ANY POTENTIAL PROBLEMS THAT MAY SCREWS (SPECIAL)(TOOLLESS ACCESS), FOR ARISE WITH REPLACING THE EXISTING FIXTURE HEADS. POTENTIAL PROBLEMS EASY SERVICE AND RELAMPING, SIZE 518" X 21' X 3" MAY INCLUDE BUT ARE NOT LIMITED TO NECESSITY OF REPLACING, FIXTURE ARMS, MOUNTING BRACKETS, POLES,POLE CAPS ETC. BOLT CIRCLE 7' 4) BALLAST AS&Y, TRAY (SPECIAL) A ATTACHES TO HOUSING USING 2. REPLACE EXISTING LUMINAIRE HEAD WITH NEW AS SPECIFIED PER DETAIL TWO CAM LATCHES. THIS SHEET. REPLACE HEAD ONLY, ARM ASSEMBLY, POLE ETC WILL REMAIN PROJECTION 3 i/2" IN PLACE. �N Q B-0-LE L!2�T 10 N 3. THE FIXTURE POLE AND ARM WILL BE PAINTED DARK GREEN TO MATCH LUMINAIRE 7'BC, —FIXTURE ORIENTATION FS!rFS2 CPT*NS: FUSE HOXIERS ONLY, UNDER A SEPERATE CONTRACT. FUSE$ BY OT4.ERS. 4. PROVIDE (1) 70 WATT ED-17 MEDIUM BASE CLEAR METAL HALIDE LAMP FOR EACH NEW FIXTURE. LEVELING NU 7S AND WASHERS MUST BE INSTALLF0 UNDER ALL BASES 5. PROVIDE ALL DEMOLITION OF FIXTURES BEING REMOVED. RETURN TO THE OWNER B_Qi_T0NI Y!EA FOR THEIR DISPOSAL. POLE IS ONE APPROVED DRAWING MUST BE RETURNED TO A,X' 12' (INDICATES LAYING DOWN BEFORETHIS PRODU—CCA'BE 6. INCLUDE IN PROPOSAL TO COMPLETE THIS WORK, SCHEDULE OF WHEN YOU PLAN WITH HANDHOLE FACING UP) F.A��RICATEO. TO COMPLETE THIS WORK AND IN WHAT TIME FRAME. GROUT UNDER ENTIRE BASE %1VARNftG_' THIS FIXTURE MUS� BE GROUNDED IN ACCORDANCE 7. CONFIRM VOLTAGE OF EXISTING FIXTURES PRIOR TO FIXTURE ORDER. THE FIXTURES Ito WITH CAS. CODE R THE S O SPECIFIED WILL BE PROVIDED WITH A MULTI-TAP BALLAST SUITABLE FOR NA 70NAL ELEGY RICA L CODE FAILURE TO DO PC NIAY RESULT 120/208/2401277 VOLTS. �N SERIOUS PERSONAL JNJURY. 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