TC Council Packet 06-27-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESD", JUNE 27, 2006
AVON MUNICIPAL BUILDING, 400BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT5:30F»K0 rnro^^ma
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST
4. CITIZEN AND COMMUNITY INPUT
a. Eagle Valley Alliance for SUStaiO8bi|itv (MattSohen1 Recycling quarterly report, recycling for special
events and curbside recycling inAvon
b. Channel 5 Funding Request (Tee BnOvvO)
m
5. Jm|w �� Salute to the USA Celebration Update (Danko Ch/hdliUo. Special Events Coordinator)
6. NEw BUSINESS
a. Audited FiD2OCi8| Gt8tern8nƒS (Scott Wright, Finance [)in3CtOr. Neil Schilling, C|htOn Gunderson)
Review audited financial statements for year ending December 2005
7' ORDINANCES
a. Public Hearing on Ordinance No. 06-09. Series Of 2006, Second Reoding, An Ordinance
Amending Chapter 17.14' Title 17' /\vOD Municipal Code. Relating To Vested Property Rights
(John Dunn. Town Attorney) Amendments to vested property rights ohaphsr/ Continued from June 13m
meeting
b. Public Hearing on Ordinance 06-12, Second Reading, An Ordinance Amending Title 3, Avon
K8uOiCip8( Code, relating to interest charged on past due 8CCOuOtS owing to the Town (Skx)M
Wright, Finance Director) Proposed language changes to the Code to encourage timely payment of
Town's 3rd party billings and help offset the administrative cost of these collection efforts
c. Ordinance No. O0-13. Series Of2OO8' First Reading, Building Permit Violations (John Dunn, Town
Attorney) Amendment to Code that helps the Town to enforce agreements with landowners by making it
condition of building permits
8' RESOLUTIONS
@. ReSO|U1iOn 06-29, Series of 2006, AResO|UtiOO Approving 8 Lease Agreement between the
TOvvD of Avon and Traer Creek RP. LLC (John Dunn. Town Attorney) Lease Agreement for Tract B
would move the public works uses to the temporary site being offered byTnser Creek/Continued from
June 13mmeeting
b. Public Hearing UO R8S0|DbOn 06-14. A Resolution Approving Preliminary Subdivision Plan for
The Village (@t Avon) Filing 4, Town of Avon, Eagle County, Colorado (Norm Wood, Town
Engineer) Tnaur Creek RP LLC's application will create a right-of-way for the installation of u water
service main and future public ruod, a site for e two million gallon potable vvahsr storage tank and
drainage easements for natural steam flow &wetland mitigation /Continund from April 11~' meeting
o. R8S0|Utk)n 00-28. 8e[heS of 2006, R8SO|utk}D Approving Nottingham and Pud9[ Ditch Repair,
Maintenance and Management Agreement with Traer Creek Metropolitan District (Norman Wood,
Town Engineer) An Agreement to address the current ownership and water right interests in the Ditch and
to establish an Agreement for ditch repairs, routine ditch mainh*nanms, ditch improvements and
distribution of costs / Continued from June 13`''meeting
9. OTHER BUSINESS
Avon Council Meeting. msms.z7
Page 8nf4
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, .TUNE 27, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
PAGE 2
10. UNFINISHED BUSINESS
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS: TOPICS FOR WILDRIDGE MEETING IN AUGUST / NEW UNDERAGE DRINKING
LEGISLATION AND IMPACT ON AVON POLICE DEPARTMENT / EMERGENCY PREPAREDNESS
15. CONSENT AGENDA
a. Minutes from May 27 & June 13, 2006 Meeting
b. 2006 Street Improvements Change Orders (Norm Wood, Town Engineer)
c. 2005 Audited Financial Statements (Scott Wright, Finance Director)
d. Premier Event Management Contract - production services for the Avon to Vail triathlon under
consent (Meryl Jacobs, Recreation Director)
16. ADJOURNMENT
Avon Council Meeting. 06.06.27
Page 4 of 4
J� M J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halburnt, Assistant Town Manager
Date: June 22, 2006
Re: Recycling
Summary: We invited Matt Scherr to the meeting to discuss recycling operations in
Avon. On January 1, 2006, the Eagle Valley Alliance for Sustainability took over operations
of Eagle County's drop -off recycling program using the program name Alliance Recycles. The
goal of Alliance Recycles is to increase recycling participation in Eagle County by improving
access for users, providing more and better information, and establishing efficient and reliable
access to markets. Council contributed $15,000 toward the effort. Some Council members
have since expressed concern that the recycling operation in Avon had not improved, and in
some cases, has declined. I spoke to Matt and he offered the attached quarterly recycling
report, which he will discuss with Council.
Other issues for discussion include if he will be providing recycling at Avon special events
and mandatory curbside recycling in Avon and the implications to Matt's operation. Mayor
Wolfe asked us to research the cost of curbside recycling.
Discussion: Current costs for curbside recycling are
Vail Honeywagon -
1) Cost for residents & multi- family (apartment):
Cost for Apt - $7.50 /pick -up /can (gives a 90 gallon container to apartment dwellers). This is
handled through the property management company. The property management company
pays VHW and bills the units for the recycling. The cost is higher and different from the
residential because of the volume they pick up at the apartment complexes.
Cost for Res - $20 one -time fee for service as long as you have the container, which is the
milk crate style container. If someone moves out and leaves the Honeywagon containers, they
will continue to pick -up the recyclables.
I
r�
2006 Recycling Report
First Quarter
Avon
Alliance Recycles
Is' Quarter 2006 Recycling Report
On January 1, 2006, the Eagle Valley Alliance for Sustainability took over operations of
Eagle County's drop-off recycling program using the program name Alliance Recycles.
The goal of Alliance Recycles is to increase recycling participation in Eagle County by
improving access for users, providing more and better information, and establishing
efficient and reliable access to markets.
Few outward changes were expected for first quarter of 2006, though there were a
number of notable developments, some expected, some not; some good, some not.
We'll look at these developments and how they are being addressed in context of the
major first-quarter program objectives.
SUCCESSES & CHALLENGES
Make recycling sites safer and cleaner
Successes — Through March, Alliance Recycles hauled nearly three tons of trash from
the sites, in addition to dozens of car tires and batteries, appliances and hazardous
waste (things not counted in total waste tonnage). We also removed contaminants
from recycling bins, creating more valuable product.
Challenges — Despite a full-time staff member and occasional community service
assistance, the sites have at times looked as bad as they ever have. We attribute this to
three factors: increased volumes, heavy abuse, and not adequately understanding and
planning for usage patterns.
1. Total recycling volumes were up 42% over first quarter 2005(!), with
cardboard (a big overflow offender) up 73%.
2. Though we were aware of existing bin contamination and trash dumping, we
either underestimated the degree or it these have also increased (or both).
3. To reduce costs and take advantage of the continual bin monitoring we were
already practicing, we changed hauling of roll-off bins from a set schedule to a
call schedule. That is, the frequency of hauls remained the same, but we could
dictate which bin should go for a scheduled haul to be sure we hauled the
fullest bins. As no hauls happen on weekends, underestimating weekend usage
contributed to overflow.
Solutions — We are addressing site maintenance issues a number of ways. We are
more cautious with service around weekends. (This will drive costs back up, but it
appears a necessary solution.) New site signs will help users understand how to
appropriately use the sites and hopefully create good will for this community effort.
We have been contacting the many businesses that leave piles of cardboard outside of
bins to ask their cooperation in breaking down boxes, removing trash and returning
with their loads when bins are full. (This has been successful insofar as we have had
no repeat offenders; first offenders are still legion.)
I
Contain program costs
Successes — Daily monitoring, as noted above has allowed us to change the existing
predetermined schedule to a managed one and pay per haul instead of a lump sum
per quarter. This allows us to haul the fullest bins for greatest efficiency. It also allows
us to forego hauls altogether when none are needed. We removed the Minturn
newspaper and commingle bin since Minturn residents are already served by curbside
recycling. We service Red Cliff ourselves once every three weeks, rather than paying
for roll-off service for that very, low-volume site. The remaining sites (except Vail)
now have two roll-off containers, each serving a single product and thus more full
with each haul. With these moves, operating costs per ton have remained essentially
unchanged and below planned cost/ton, even with considerable increases in volume.
Challenges — Cardboard and roll-off services will both likely need to be increased,
given drastically increased volumes. So, despite having controlled cost per ton,
increased volumes necessitate higher total program cost. This situation will persist
until we are able to gain greater control over material handling and transportation
and until we can realize revenues for collected materials.
Solutions — Some earlier operating savings allow for some cushion on future hauling
expense overages. Planned operational changes (discussed below) will result in
significant savings. However, if these changes, which are dependant upon events
outside our control, don't occur at all or until late in the year, further funding will be
required to sustain existing operations at these volumes.
Increase program participation
Successes — Total program volumes increased 42% from the same period the previous
year. Though good news, this is also puzzling. It has been suggested that a number of
articles in local newspapers about the Alliance's involvement helped raise awareness
and participation. Whatever the reason, these volumes achieve a key program goal
and will be an asset to future operations.
Challenges — Under the current program, costs are directly and linearly related to
volumes. These unexpected volumes, then, represent a significant and largely
unexpected increase in cost. Again, some early operational savings help to some
degree, but the expected program changes discussed below are needed more critically
now. Until we can change our operations as planned, we will suffer for our success.
Solutions — The chief reason the Eagle Valley Alliance proposed taking over the drop-
off recycling program this year was the imminent availability of Summit County's new
material recovery facility (MRF). The greatest issue for recycling in Eagle County has
always been where to dispose of recyclable materials in a cost-effective way. Summit
County's new MRF will introduce competitive hauling, reduce transportation costs,
create a revenue source for materials, and allow collection of more kinds of materials.
The MRF, originally scheduled to open November, 2005, will now open mid-July
2006 at the earliest (and more likely, late August). We will further encourage
participation at that point, creating even greater diversion of materials.
-2
STRATEGIES AND OPPORTUNITIES
Site Changes
When Summit County's material recovery facility (MRF) does open, the following
changes can occur at the existing recycling sites:
- Accept mixed paper (newspaper, magazines and office paper) in one container
throughout the valley.
- Collect commingled glass/metal/plastic in specialized recycling trailers rather than
30-yard roll-off "clumpsters."
- Accept paperboard (e.g. cereal boxes, six pack holders) along with cardboard.
- Accept plastics (in commingled) numbered 1, 2, 4, 5 and 7, including plastic bags.
Some of the changes noted above will also result in a significant reduction in program
operating costs.
Permanent Sites
Alliance Recycles is currently pursuing two permanent, secured recycling sites to serve the
eastern and western Eagle Valley. These sites will serve a number of purposes:
- Hard-to-recycle center: a place to collect non-traditional items such as alkaline
batteries, Styrofoam and electronics.
- Controlled collections: secured, staffed sites eliminate trash concerns and vastly
diminish contamination and other abuse.
- Processing control: sites can function as mini-transfer stations, allowing
consolidation of material for transport and some processing for markets (thus
creating greater value).
- Educational center: Hands-on learning opportunities for users and students.
Smaller, convenient drop-off sites will still exist but will be served with specialized
recycling trailers, rather than the current "clumpsters."
Electronics Recycling Events
In July, Alliance Recycles will host its first electronics collection event to allow resident5
and businesses an alternative to disposing of toxic electronic equipment in our landfill.
These events will be held semi-annually until permanent sites allow ongoing collection.
The first event is scheduled for Saturday, July 22.
Event Recycling
Special events are an opportunity for a municipality to convey its recycling message to
the residents and guests. When fully staffed, Alliance Recycles will offer turnkey event
services using specialized collection bins and trailers. That staff level will occur when
Summit County begins accepting material, allowing us to make planned program
changes. In advance of that, Alliance Recycles can coordinate with municipal staff to
provide collection bins but cannot promise its own staff to perform the collection.
0
Appendix A: first quarter 2006 collections and year- over -year comparison
Drop -off Site Collections
2005' 1 2006
Material
Category
1st Qtr
1st Qtr
change
(tons)
Newsprint
125
186
48.38%
Corrugated
59
102
73.17%
Commingle
114
97
- 15.05%
Office Paper
14
32
126.95%
Magazines
10
42
305.80%
Total Tons
323.00
459.10
42.14%
Trash from sites2
2.89
Disposed recyclables3
6.80
1. All data provided by Waste Management except...
2. Provided by Eagle County landfill
3. Disposed Recyclables are loads Waste Management disposed of as too contaminated to process.
Year - over -year Q1 comparisons
400,000 a� < �' F v ✓z ✓ E v�v r
350,000 � z �� v� �s S :✓v z�ti�`� ,y� �,�fly,>/� �`?v ^ z Y� � � i y���yv ,
s c
- - --
�.w.� Zz s=vs ✓ .�,,",'v 2 y ,..wsa Y V'*?. ., > v v�:.zA''� �� v
Newsprint
250,000 ��� . ��� � � �vv��� v � ? ;�����s ^v�, �✓ �� `��u�,� 3,.v
Cardboard
�
200,000 ,� � � _ ���� �,r�
t � K .:�%' tea. ` ,s. \�. \� �, \:%� §�3 � \ \�\"� s'� tz ^` �`..�- e
Office Paper
150 000 Magazines ;
100,000 �3�� v � , Commingle
50,000
0 .�•\t3\.i?,F.,x4 %C.,...a.. `..pZ.n,, ..\ ✓
2002 2003 2004 2005 2006
Year
0
Appendix B: Environmental Benefits of Recycling
Recycling makes a difference globally and locally. Aside from saving valuable landfill
space in our local community and reducing litter, recycling conserves significant amounts
energy and reduces the need for raw materials to be extracted from the earth.
It takes 95% less energy to recycle aluminum than it does to make it from raw materials.
Making recycled steel saves 60% of the energy required to make virgin steel, while
recycling glass saves 40%, recycling plastic saves 70% and recycling newspaper saves
40%. Recycling conserves energy.
To date in 2006, Alliance Recycles diverted a total of 459 tons of material from the
landfill, with 115 tons of that volume from Avon alone. Because of this local effort, the
following environmental benefits will be felt on a global level. The figures in parentheses
below represent Avon's contribution to these benefits.
Energy Savings: The net energy savings, accounting for the energy loss from recycling and
re-manufacturing, was 5,130 million Btu (Avon: 1,283 million Btu). To put these energy
savings in perspective, recycling in 2006 with Alliance Recycles has already saved enough
energy to power 49 households for one year (Avon: 12 households).
Greenhouse Gas Reductions: 290 Metric Tons Carbon Equivalent (MTCE) of greenhouse
gas emissions were reduced from recycling compared to disposal (Avon: 73 MTCE).
Air Emissions: A total of 449 tons of airborne emissions were reduced due to recycling in
Eagle Valley (Avon: 112 tons). This total includes 421 tons of carbon dioxide (Avon: 105
tons) and 18 tons of methane (Avon: 5 tons) — two large contributors to global climate
change.
Waterborne Emissions: From recycling with Alliance Recycles in 2006, almost two tons
of waterborne wastes were eliminated.
Trees: By recycling a total of 218 tons of varying grades of paper in 2006 (Avon: 55
tons), Alliance Recycling's community recyclers prevented the need for 3,000 forty-foot
Douglas Fir trees from being cut down for paper manufacturing (Avon: 750 trees).
Waste prevention, reuse, and recycling are tangible and meaningful acts that help us
protect our environment. Each can, bottle or newspaper that is recycled makes a
difference. Feel good about your recycling efforts and tell your neighbors about it.
Together, we can change the world — one bottle at a time!
Information taken from the National Recycling Coalition's Environmental Benefits
calculator, which sites a variety of sources listed in Appendix C.
1
Appendix C: National Recycling Coalition's Recycling Benefits Calculator Sources
Sources: U.S. EPA, Revised "WARM" model. June, 1999. Available online at
http://www.epa.gov/qlobalwarming/actions/waste/w-
online.htm
For information on sources of GHG emissions to compare to the reductions resulting
from recycling in your state, see
http://vosemite.epa.gov/qlobalwarminq/qhq.nsf/emissions/state
Sources:
"Greenhouse Gas Emissions from Management of Select Materials In Municipal Solid Waste," U.S. EPA. September
1998.
EPA530 -R -98 -013.
U.S. Census Bureau, Statistical Abstract of the U.S.
http: / /www.census.gov /prod /2001 pubs /statab /sec19.pdf
Sources:
Denison, Richard A., "Environmental Life -Cycle Comparisons of Recycling, Landfilling and Incineration: A Review of Recent Studies,
Annual Review of Energy and the Environment. 1996.21:191 -237.
Franklin Associates, 'The Role of Recycling in Integrated Waste Management to the Year 2000." For Keep America Beautiful. 1994.
Tellus Institute. 'The Role of Recycling in Integrated Waste Management to the Year 2000." For Keep America Beautiful. 1994.
Sources:
Denison, Richard A., "Environmental Life -Cycle Comparisons of Recycling, Landfilling and Incineration: A Review of Recent Studies,
Annual Review of Energy and the Environment. 1996.21:191 -237. Page 227.
Franklin Associates. "The Role of Recycling in Integrated Waste Management to the Year 2000." For Keep America Beautiful. 1994.
For information on sources of acid rain emissions to compare to the reductions resulting
from recycling in your state, see http: / /yosemite.epa.goy /globalwarminq /ghq.nsf/ emissions /EmissionsFromE[ectricUtilities ?Open
Source: http: / /www .recycle- steel.orq /index2,html
Source: http: / /www.conservatree.org /learn /Enviro Issues/TreeStats.shtml
a
June 21, 2006
Mr. Larry Brooks, Town Manager
Town of Avon, Colorado
Larry:
Vail Valley Community Television respectfully asks the Town of Avon to match the
generous donation that Vail has given us. They have granted us $8,200.
The Town of Avon has committed $10,000. of PEG monies to Ch. 5 for the year and we
are also asking that you advance that full sum at this time due to the needs of the station.
Ch. 5, your "community access cable station", is in dire need of equipment and services
at this time and with your contributions, we can acquire necessary equipment and
services to help make Ch. 5 more meaningful to the Valley. We should be and are your
conduit to the constituents and would like to be of greater help to the Social Services of
the Valley.
We gratefully and respectfully appreciate your considerations.
Sincer'ely',
T. Br
President of the Ch. 5 Board
0 Memo
To: Honorable Mayor & Town Council
l
Thru: Larry Brooks, Town Manager
From: Meryl Jacobs, Director of Recreation
Danita Chirichillo, Special Events
Date: June 21, 2006
Re: American National Bank's Salute to the USA
Summary: On Monday, July 3, 2006 the Town of Avon will celebrate Independence
Day in Harry A. Nottingham Park with music, food and fireworks. The 2006 event will
mark the 201h anniversary of Salute to the USA! Food & craft vendors, music and beer
will open at 5pm. The family zone begins at 5:30 pm and will feature giant bouncy toys,
treats, arts & crafts, carnival games, balloon sculptors, clowns and a drumming circle. At
exactly 9:45 pm the town will go dark and fireworks will take center stage. Over 10,000
shells will explode over Nottingham Lake choreographed to a musical score broadcast
live on KZYR. Staff invites council and a guest to enjoy the fireworks display from the
VIP area on the edge of Nottingham Lake. We hope to see all of you there!
Attachment:
A: Poster
Town Manager Comments:
/. °�
EWA
FREE family zone featuring
carnival aames, inflatables, balloon
ZD
sculptors, face painters and treats!
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo
Date: June 22, 2006
Re: 2006 Audit Presentation and Acceptance
Summary:
On Tuesday, Neil Schilling from Clifton Gunderson will present the Town's 2006 annual
audit and review financial highlights from the audit with the Council. The official acceptance
of the 2006 audit is included on the consent agenda.
Town Manager Comments
�3
Page 1
MEMORANDUM
���~ K�
~`~^ TOWN ----'----
~~~^'~~^ .
TOWN '' - ' --- - -----
DATE: RE: ORDINANCE AMENDMENT RELATING TO VESTED
RIGHTS
June 27, 2006
This ordinance is before Council the second time for sccoud � have
been couden` the o . direction a1 the last meeting. Those changes
are shown oo the marked-up copy of the ordinance which follows this memorandum. Those
changes are anfollows:
l. The paragraph providing for review every five years o[ vested site specific
development o{uum approved in the future has been deleted. It was felt that this paragraph was
unnecessary, given the fact that the ordinance proposes that vested rights not extend beyond five
years.
2. The paragraph providing for the termination of vested rights has been amended
�
The recommendation oF staff, that plans be
separately dealt with, has been incorporated into the ordinance. However, the new language ianow
permissive, giving the Council discretion whether to provide for vesting for each phase. /\1ao,
there is now u condition that the mcpuru1c phase must be able to stand o}ouc as aproject. Paragraph
(a) now generally provides that vesting shall be limited to five years, provided Council can allow
extensions of that vesting after review to determine whether the conditions for extension have been
met. Paragraph (b) provides the option o[ three-year vesting (the minimum established by statute)
for separate phases iom multiple-phase p jccL
The criteria iu the two paragraphs are different. The criteria for ail extension after
five years are n) compliance with the conditions for extension and bJ compliance with the
comprehensive plan in effect at the time of review. The criteria for review before u
subsequent
phase o[u multiple obuae project include compliance with all obligations of the landowner iothe
Town. It is assumed that compliance with all obligations to the Town will be part of the conditions
for extension iu the case of single-phase projects. Compliance with the comprehensive plan in
effect nt the time o[ review was deleted a1 the direction o[Council.
JWD:ipse
�
�
TOWN OF AVON
ORDINANCE NO. 06-09
Series of 2006
AN ORDINANCE AMENDING CHAPTER 17.14, TITLE 17, AVON
MUNICIPAL CODE, RELATING TO VESTED PROPERTY RIGHTS
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 the time of consideration of
the extension.
H
(b) An —c develorni-,eni plan tiir �i Ii-nihil �1�- ,�q:s ineiq rqa�,
................. . .............. ---- . .............
have separate vestirig created Jbi- each iihase, riot to exceed three years. so lor-�( as Ilre
..................... ................ 1�1111 ............................. . ..... . . .................. -- .............
ablise call —11tand al le as a J�Ilscrlct Ir(I ec�tll hc-YSZ—SLLMII for 1111N sul-)IIICVD-1wjAW-Ise —1-nV11% 'he
c o n completion ofthe L3recediri- -,base Lt 2ii revie ,\ by the Fown CoLuicil.
Such review shall lru ide but tot be IlMiLed to whether the lando,�\,,ncr or developer is irr
.............. ..................... -- . . .............. . . . .............. ......... . ................ ....... . ......... .
corilplial'ice with AS obliaalio is to flie To,,wi. hichidirw-, but riot lhimed to, the site spec Hilc
............. . .....
develorinietit plan, the dex7e1_QLji_II Lqt_Lik,
gr i id
WI `r Othera!]UWMICIILS beMeCI-r Lhe
.... . ....... ------- - --
lanclw,v,ne Ind die-Towri, its they rriay have feet' arne,nded, ll-oiii tMIC to IMIC,
The rights vested by any site specific development plan Lapp
�ro %, gd
L-2006-,-may be terminated, upon a finding-, of a material breach of any condition of
approval of the plan, or any component thereof, including the failure of the landowner to
comply with the terms and conditions of the development agreement, the site specific
development plan, a related subdivision improvements agreement or any other agreement
related to that development. Any such hearing shall be initiated by the adoption by the
Town Council of an order and notice to show cause, which shall describe the basis on
which termination is sought.
El-p -I o-ved after Attie 0, 6-.--sl " Eill b.
rcvi&,ked at lea-st evwv five-(55 --yeaars to
IW-e 41
P
t,o,--the and
agi,-O ee-
'lie devel-opillefft ag, enaeFII, :e plail in et o1 flik"?
Section 5. Amendment. Section 17.14.070, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
The establishment of a vested 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 6. Amendment. Section 17.14.080, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
Any consideration of an amendment to a site specific development plan shall
include compliance with the Comprehensive Plan then in effect. In the event an
amendment to a site specific development plan is approved, the same shall have a new
2
N
� �oF � orcutc� 10 un�mJ��c11ot�c provisions of in
p�ruxz v�000� pursuant --_' �rov/ �oup/�r
effect o1 the time o[ approval of the amendment.
Section 7. Remal. Scoti`uo l7.l4.lUOand }7.14.11[i Chapter 17.14, Title 17,
Section Avon Municipal Code, are repealed.
If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof An any person or circumstances shall bc held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can bc given effect
without the invalid provision orapplication, and to this end the provisions of this Ordinance are
declared 1obeseverable.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 9th day of May, 2UU6, and upublic hearing on this ordinance shall bc
held olthe regular meeting of the Town Council on the 2�n]day of May, 2006, at 5:3V P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald CWolfe, Mayor
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED (}N SECOND READING
AND ORDERED POSTED the day of 12006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
11.
FWAVIMMOSITAmpi M-MIC61116111MUT ii
John W. Dunn, Town Attorney
0
TOWN OF AVON
ORDINANCE NO. 06-09
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,
316=0-1�0
Section 1. Amendment. The definition of site specific developmentplan
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 the time of consideration of
the extension.
0
(b) Any site specific development plan for a multiple-phase development may
have separate vesting created for each phase, not to exceed three years, so long as the
phase can stand alone as a distinct project. The vesting for any subsequent phase may be
contingent upon completion of the preceding phase and review by the Town Council.
Such review shall include but not be limited to whether the landowner or developer is in
compliance with its obligations to the Town, including but not limited to the site specific
development plan, the development agreement and any other agreements between the
landowner and the Town, as they may have been amended from time to time.
(c) The rights vested by any site specific development plan approved after June 1,
2006, may be terminated, upon a finding of a material breach of any condition of
approval of the plan, or any component thereof, including the failure of the landowner to
comply with the terms and conditions of the development agreement, the site specific
development plan, a related subdivision improvements agreement or any other agreement
related to that development. Any such hearing shall be initiated by the adoption by the
Town Council of an order and notice to show cause, which shall describe the basis on
which termination is sought.
Section 5. Amendment. Section 17.14.070, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
The establishment of a vested 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 6. Amendment. Section 17.14.080, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
Any consideration of an amendment to a site specific development plan shall
include compliance with the Comprehensive Plan then in effect. In the event an
amendment to a site specific development plan is approved, the same shall have a new
period of vesting created pursuant to and subject to the provisions of this Chapter in
effect at the time of approval of the amendment.
Section 7. Repeal. Sections 17.14. 100 and 17.14.110, Chapter 17.14, Title 17,
Avon Municipal Code, are repealed.
Section 8. Severability. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
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.
2
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 9th day of May, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 23rd 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 day of 12006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
John W. Dunn, Town Attorney
I
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo
Date: June 22, 2006
Re: Ordinance No. 06 -12, Interest on Unpaid Accounts
The Town invoices monthly various 3rd parties for services it provides. These include fleet
maintenance services, transportation services, and municipal services to the Village at Avon
(Traer Creek Metro). In addition, there are numerous miscellaneous billings sent out for
things such as reimbursements from developers, off -duty police employment, etc.
The Finance Department monitors collection of these billings, including mailing statements
out monthly and following up with past due accounts. The purpose of this ordinance is to
encourage timely payment of these billings and also to help offset the administrative cost of
these collection efforts.
This ordinance provides for a 1.5% per month finance charge on accounts past due more than
30 days.
Town Manager Comments
Attachments:
Ordinance 06 -12
Page 1
ORDINANCE NO. 06-12
AN ORDINANCE AMENDING TITLE 3, AVON MUNICIPAL CODE,
RELATING TO INTEREST CHARGED ON PAST DUE ACCOUNTS OWING
TO THE TOWN
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Title 3, Avon Municipal Code, by the addition of a
Chapter 3.32 to provide as follows:
3.32.010 Interest imposed.
All statements rendered for services, fees or charges of any kind owing to the Town shall
begin to accrue interest at the rate of one and one-half percent per month (eighteen percent per
annum, compounded annually) thirty days after the invoice date, such interest to continue until
the bill and all accrued interest is paid in full.
3.22.020 Due dates not altered.
Nothing in this Chapter shall alter the due date of all statements rendered for services,
fees and charges, which shall be due immediately upon presentation for payment by the Town.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of June, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 27th day of June, 2006, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
N
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
John W. Dunn, Town Attorney
0
ORDINANCE NO. 06-
AN ORDINANCE AMENDING TITLE 15 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO PERMIT VIOLATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Section 1. Amendment. Title 15 of the Municipal Code of the Town of Avon, is hereby
amended by the addition of a Chapter 15.50 to provide as follows:
Chapter 15.50
General Violations
15.50.010 Permit Violation.
It is unlawful for any person, firm or corporation to erect, construct, alter, move,
demolish, repair, use and occupy any building or structure in the Town, or cause or permit the
same to be done, contrary to or in violation of any condition set forth in any permit issued by the
Building Official pursuant to this Title.
Section 2.. Penalties. It is unlawful for any person to violate any of the provisions of
this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance
shall be punished by a fine not exceeding one thousand dollars or by imprisonment not
exceeding one year or by both such fine and imprisonment.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the day of , 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
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Mayor
I�
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of , 2005.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: STONE CREEK ELEMENTARY SCHOOL SITE
DATE: June 27, 2006
At the last Council meeting, Resolution 06-09, approving a license agreement with
Traer Creek RP LLC was tabled with direction that the agreement be rewritten as a lease agreement
and that comments of Council be incorporated. A Lease Agreement prepared by Inga Causey is
included on the agenda, and Resolution 06-09 has been changed to reflect that its adoption would
approve a lease agreement rather than a license agreement.
The revised Lease Agreement is generally satisfactory to staff. It does omit a grant
of access although Recital B indicates the agreement of Traer Creek to provide access. This
omission has been discussed with Inga Causey, and it is expected that additional language
containing a grant of access will be acceptable.
As Council was advised at the last meeting, Traer Creek is not willing to incorporate
a recital indicating the purpose of the Lease Agreement to provide an alternative work, site during
the term of the Stone Creek Elementary School lease. The Lease Agreement by its terms is
coterminous with the Stone Creek, and it now contains a holdover provision at Paragraph 15
although at $1,666 per month. Staff requests that Council discuss whether this is sufficient.
JWD:ipse
I
TOWN OF AVON
RESOLUTION 06 -29
A RESOLUTION APPROVING A LEASE AGREEMENT
BETWEEN THE TOWN AND TRAER CREEK RP, LLC
WHEREAS, by Resolution No. 06 -30 the Town Council will approve a STONE
CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE
CREEK ELEMENTARY ( "the School Lease ") whereby the Town will lease Lot 5, The Village at
Avon, Filing 1 ( "Lot 5 "), to Stone Creels Elementary for a term from July 1, 2006, to June 31,
2007; and
WHEREAS, Lot 5 is currently designated as a public works site pursuant to the
Annexation and Development Agreement for The Village (at Avon); and
WHEREAS, Traer Creek RP, LLC has proposed to enter into a LEASE
AGREEMENT to provide to the Town an alternative public works site during the term of the
School Lease;
NOW, THEREFORE, BE IT RESOLVED:
1. The LEASE AGREEMENT, a copy of which is filed with the minutes of this
meeting, is hereby approved upon condition that it contain a grant of access.
2. All action heretofore taken by the officers of the Town of Avon relating to the
same is hereby ratified, approved and confirmed.
3. This Resolution is contingent upon the adoption of Resolution No. 06 -30.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 27th
day of June, 2006.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
N
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Agreement"), made effective as of the 1sT day of
July, 2006 ("Effective Date"), is among TRAER CREEK RP, LLC, a Colorado limited liability
company ("Landlord") and the TOWN OF AVON, a municipal corporation of the State of
Colorado ("Town" OR "Tenant").
RECITALS
A. WHEREAS, Landlord is the owner of that certain real property, known as Tract
B, The Village (at Avon) Filing 3, according to the plat thereof recorded June 29, 2004 at
Reception No. 882176 of the Eagle County, Colorado real property records. Such Tract is also
informally known as Planning Area N South on the Village (at Avon) PUD Development Sketch
Plan.
B. WHEREAS, Landlord desires to lease 4.0 acres of the 5.765 parcel, known as
Tract B (or Planning Area N South), to Tenant, as more specifically set forth in the attached map
hereto and incorporated herein as Exhibit "A" ("the Premises"). Whereas Landlord further
desires to grant Tenant access to the Premises as more specifically set forth in Exhibit "A."
C. WHEREAS, Tenant desires to lease the Premises for a period of one year for
snow, equipment and vehicle storage.
D. WHEREAS, Landlord has agreed to allow Tenant to use the Premises for snow,
equipment and vehicle storage, subject to the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, and other
good and valuable consideration paid by Tenant, the receipt of which is hereby acknowledged,
the parties agree as follows:
1. Grant of Lease to Tenant: Subject to the terms, covenants and conditions set forth in
this Agreement, Landlord hereby leases the Premises to Tenant, and its employees, contractors,
agents and invitees, to use and possess the Premises during the Term of this Agreement for
storage of snow, equipment and vehicles. Tenant shall use the Premises only for the purposes
described in this Agreement.
2. Term of Lease: The term of this lease (the "Term") shall commence on the Effective
Date hereof and terminate at 11:59 p.m. MST on the 365th day following the Effective Date.
3. Additional Obligations:
(a) Tenant shall, at its sole cost and expense, promptly comply with all applicable
laws, rules and regulations relating to the Premises. Tenant shall further be obligated to comply
with all environmental laws, federal and state rules and regulations and ordinances, as it would
have to comply with such obligations on its own property. Tenant, however, shall not be
8
obligated to do more than that which it is already obligated to do pursuant to those laws and
should Tenant comply with those laws, Landlord shall hold Tenant harmless from any claims by
Landlord, its successors or assigns arising out of the handling, treatment, storage or disposal of
any hazardous or toxic substance as defined under any applicable state or federal law including,
without limitation, the Comprehensive Environmental Response, Compensation and Liability
Act.
(b) Tenant shall keep the Premises in a neat, clean and sanitary condition,
consistent with the uses set forth in this Agreement, at all times during the Term of this
Agreement.
4. Alterations: Tenant shall make no material alterations, additions or improvements in
or to the Premises without Landlord's prior written approval and consent for items and or
improvements.
5. Insurance:
(a) During the Term of this Agreement, Tenant shall maintain, at its sole cost and
expense, the following policies of insurance:
(i) Commercial general liability insurance in an occurrence format in
an amount of $3,000,000 per occurrence, including the following coverages: contractual liability,
personal injury, broad form property damage, and independent contractors insurance. Such
policies shall include a provision requiring a minimum of 30 days' notice to Landlord of any
change or cancellation. Landlord shall be named as an additional named insured as its interests
may appear on this policy.
(ii) Comprehensive automobile liability insurance on all vehicles used
in connection with this Agreement, in an amount of $1,000,000 combined single limits for bodily
injury and property damage, per occurrence. Tenant shall legally obligate its subcontractors,
either contractually or otherwise, to obtain identical coverage. Landlord shall be named as an
additional insured as its interests may appear on Tenant's and any subcontractor's policies.
(b) During the Term of this Agreement, Landlord shall maintain, at its sole
cost and expense, its current commercial general liability insurance on the immediately adjacent
property to the Premises, blown as Tract G, The Village (at Avon) Filing 3.
6. Quiet Enjoy Landlord covenants and agrees with Tenant that upon Tenant
observing and performing all the terms, covenants and conditions of this Agreement on Tenant's
part to be observed and performed, Landlord shall not, subject to Section 9, below, disturb
Tenant's peaceable and quiet enjoyment of the Premises during the Term of this Agreement.
7. Acceptance of Premises: Taking possession of the Premises by Tenant shall be
conclusive evidence against Tenant that the Premises were in good order and that the Town
accepted the condition of the Property when possession was taken. Notwithstanding that fact,
the Premises is made available to Tenant in its "as is" condition on the commencement date of
the Term.
2
8. Landlord Access to Premises: Landlord and its agents, upon reasonable notice to
Tenant, shall have the right to enter the Premises at all times to examine them, to show the
Premises to prospective purchasers, mortgagees, lenders or others, and to mare and perform such
maintenance or repairs as Landlord may deem necessary or desirable, on the condition that
Landlord shall use all reasonable efforts to minimize interference with the Tenant's operations.
Further, absent a formal assignment of this Agreement, any new owner of the Premises shall also
have the right of entry.
9. Assignment and Subletting.
(a) Tenant shall not assign, convey, mortgage, hypothecate or encumber its rights
in this Agreement at any time during the Term hereof without the prior written consent of
Landlord.
(b) Landlord may assign, convey, mortgage, hypothecate or encumber its rights
and obligations in the Premises at any time during the Term hereof without the prior written
consent of Tenant.
10. Indemnity:
(a) To the full extent allowed by law, Tenant shall indemnify, defend and hold
harmless Landlord, its subsidiaries and affiliates, and their respective agents, officers, directors,
servants and employees of and from any and all costs, expenses (including without limitation
reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action
whatsoever arising out of or related to any loss, cost, damage or injury, including death of any
person or damage to property of any kind, which damage, loss or injury is caused by the
intentional or negligent acts, errors or omissions of Tenant, its subcontractors or any person
directly or indirectly employed by them, or any of them, while engaged in any activity on or
associated with the Premises.
(b) To the full extent allowed by law, Landlord shall indemnify, defend and
hold harmless Tenant, its agents, officers, directors and employees of and from any and all costs,
expenses (including without limitation reasonable attorneys' fees), liability, claims, liens,
demands, actions and causes of action whatsoever arising out of or related to any loss, cost,
damage or injury, including death of any person, or damage to property of any kind, which
damage, loss or injury is caused by the intentional or negligent acts, errors or omissions of
Landlord, its subcontractors or any person directly or indirectly employed by them, Traer Creek
Metropolitan District, or any of them, while engaged in any activity on or associated with the
Premises.
11. Default: If either party neglects or fails to perform or observe any of the terms or
covenants herein contained to be performed or observed by that party, and that defaulting party
fails to remedy such default within ten (10) days after receiving written notice specifying such
neglect or failure (or within such period, if any, as may be reasonably required to cure such
default if it is of such nature that it cannot be cured within such 10 -day period, provided that the
defaulting party commences to remedy such default within such ten -day period and proceeds
with reasonable diligence thereafter to cure such default), that party shall be declared in default
of this Agreement.
0
12. Remedies: If Tenant shall default under this Agreement as set forth in Section 11,
Landlord shall have all remedies at law or equity, including but not limited to Landlord's right to
terminate this Agreement, re -enter and take possession of the Premises and /or pursue any
statutorily mandated court proceeding. If Landlord shall default under this Agreement as set
forth in Section 11, Tenant shall have all remedies at law or equity, including but not limited to
the remedies of specific performance or termination of this Agreement. The remedies of
Landlord and Tenant shall be cumulative and the exercise of one remedy shall not be deemed to
have been an election of remedies to the exclusion of any other remedies available. No delay or
omissions by either party to exercise any right or power arising from a breach by the other party
of any of the terms of this lease shall impair any such right or power or shall be construed to be a
waiver of any breach or an acquiescence therein.
U. End of Term: At the expiration of or earlier termination of this Agreement, Tenant
shall quit and surrender the Premises to Landlord in as good order as they were in on
commencement date of the Agreement and with no material change from the condition they were
in on that same date, with all temporary improvements thereon removed, subject to the
provisions of 3(a) hereof.
14. Waiver of Subrogation: Landlord and Tenant respectively waive all rights of
recovery against the other, or the officers, directors, employees and agents of the other, for loss
of or damage to such waiving party of its property or the property of the other under its control,
arising from any cause insured against under the standard forth of fire insurance policy (with all
permissible extension endorsements covering additional perils) or under any other policy of
insurance carried by such waiving party in lieu thereof
15. Holdover By Tenant: In the event Tenant remains in possession of the Premises after
the expiration of this Lease, and without the execution of a new lease, Tenant, at the option of
Landlord shall be deemed to be occupying the Premises as a Tenant from month to month.
Tenant shall be entitled to occupy the Premises at the current rental rate for a period of six
months. Thereafter, Tenant shall be required to pay to Landlord rent in the amount of $1,666.00
per month, constituting fair market value of the Premises. Rent shall be paid on the 1st day of the
month. During the holdover period in question, all of the terms and conditions hereof then in
effect (excepting the rent provision) shall remain in effect for the entire holdover period.
16. Subordination Non - disturbance and Attornment:
(a) This Lease is also subject and subordinate to any mortgage which may hereafter
affect this Lease or the real property of which the Premises are a part provided that (a) each such
mortgage shall contain a provision in substance and effect that the Mortgagee, by acceptance of
the mortgage, covenants and agrees on behalf of itself and those at any time holding by, through
or under it, for the benefit of Tenant, and those, at any time holding by, through or under
Tenant, that unless Tenant shall have suffered an Event of Default under the provisions of this
Lease and notice of termination of this Lease shall have been given as provided in this Lease
and not revoked, the holder of any such mortgage to which this Lease may be subordinated shall
not name or join Tenant or anyone holding by, through or under Tenant as a party defendant or
otherwise in any suit, action or proceeding for the foreclosure of such mortgage or in any
manner interfere with Tenant's rights hereunder and Tenant shall not be disturbed in its
enjoyment of the Premises or its interests herein by the Mortgagee or anyone holding by,
4
01
through or under the Mortgagee to the end that this Lease and the possession of the Premises by
Tenant shall not be disturbed or affected by reason of such foreclosure. In lieu of the non -
disturbance provision being contained in the mortgage, such provision can be contained in a
separate non - disturbance agreement delivered by such mortgagee to Tenant which agreement
Tenant shall promptly execute upon request.
(b) This clause shall be self - operative and no further instrument of subordination
shall be required by any mortgagee, affecting any lease or the real property of which the
Premises are a part. In confirmation of such subordination, Tenant shall execute promptly any
certificate that Landlord may request.
17. Notice: Any notice, demand or communication which either party may desire or be
required to give to the other party shall be in writing and shall be deemed sufficiently given or
rendered if delivered personally or sent by first class United States mail, postage prepaid,
addressed as follows:
If to LANDLORD: Traer Creek RP, LLC
P.O. Box 9429
322 E. Beaver Creek Blvd.
Avon, Colorado 81620
If to TENANT: Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, CO 81620
Either party shall have the right to designate in writing, served as provided above, a different
address to which any notice, demand or communication is to be mailed.
18. Certificates: Landlord and Tenant shall, without charge, at any time and from time
to time, within ten (10) days after request by the other, execute, acknowledge and deliver an
estoppel certificate containing such information as the party requesting the same may reasonably
request.
19. Paragraph Headings: Paragraph or other headings contained in this Agreement are
for referenced purposes only and are not intended to affect in any way the meaning or
interpretation of this Agreement.
20. Binding Effect: This Agreement will not be binding on or constitute evidence of a
contract between the parties until such time as it has been executed by each party and an original
thereof delivered to each other party to this Agreement and Ratification has occurred.
21. Additional Documentation: At all times, the parties hereto agree to execute and
deliver, or to cause to be executed and delivered, such documents and to do, or cause to be done,
such other acts and things as might reasonably be required in order to confirm or effectuate the
provisions of this Agreement.
W
22. No Representations or Warranties: There are no representations and warranties by
the parties, their agents, servants and employees whether oral or in writing, relating to or
concerning this Agreement other than as specifically set forth herein. Each of the parties hereto
warrants and represents to the other that it is authorized or empowered to enter into this
Agreement and perform the terms hereof.
23. Entire Agreement: This Agreement constitutes the entire agreement between the
parties hereto and supersedes all prior written and oral agreements and understanding relating to
the subject matter hereof.
24. Modification: This Agreement may not be modified, amended or discharged except
by an instrument in writing signed by the parties hereto. No waiver or consent may be enforced
unless such waiver or consent shall be in writing and signed by the party against whom
enforcement thereof is sought.
25. Applicable Law: This Agreement shall be governed by the laws of the State of
Colorado.
26. Successors and Assigns: This Agreement shall be binding upon, and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors and
permitted assigns.
27. No Negative Inference Against Preparer: This Agreement is the result of
negotiations between the parties, each of whom is represented by counsel of its own choosing.
All parties shall be deemed to have drawn this Agreement and no negative inference or
interpretation shall be made by a court against the party whose counsel drafted this Agreement.
28. No Modification to PUD: This Lease Agreement and the intended use of the
Premises are permitted by and do not require or effect a modification to or amendment of the
Annexation and Development Agreement between Traer Creek and the Town of Avon, the
Village (at Avon) PUD Guide, or the associated PUD Development/Sketch Plan (collectively,
the "Development Plan "). Operation on an interim basis of snow, equipment and vehicle storage
at the location specified in and otherwise subject to the terms and conditions of this Lease
Agreement will not be construed as limiting any future uses within Tract B, The Village (at
Avon) Filing 3 that otherwise are permitted under the Development Plan, or as effecting a waiver
by Owner or the Town of any rights under the agreements constituting the Development Plan.
Operations of the Town pursuant to this Lease Agreement are intended to be on an interim basis
only, and do not constitute a commitment by Landlord that the Town's operations will be housed
on a permanent or semi- permanent basis at this location or otherwise within the Village (at
Avon).
29. Traer Creek Design Review and Special Review Use: Landlord shall not
unreasonably withhold any approval by the Traer Creek Design Review Board to the Town of
Avon or unreasonably withhold any consent to the special review use by the Town of Avon, and
for which relate to any matter necessary to carry out the purpose of this Agreement.
IN WITNESS WHEREOF, the Parties have hereunto caused this Lease Agreement to
be executed on their behalf the day and year first above written.
6
TRAER CREEK RP, LLC,
a Colorado limited liability company
C
Name:
Title:
TOWN OF AVON,
a municipal corporation of the State of Colorado
C
Name:
Title:
M
0
SKLD SSA' 10 111.22,10 EG 882176-2004.002
M"w
LWA
_1_/14 L11�J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: June 20, 2006
Re: Resolution No. 06 -14 — A Resolution Approving Preliminary Subdivision Plan for
The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado
Summary: Traer Creek RP LLC submitted an application for Preliminary
Subdivision Plan Approval (Exhibit 2) and Subdivision Preliminary Plan (Exhibit 3) for The
Village (at Avon) Filing 4, A Subdivision of the Southwest 1/4 of the Northwest 1/4 of Section
8, Township 5 South, Range 81 West of the 6`h Principal Meridian and a Resubdivision of
Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County, Colorado.
The proposed subdivision will create a right -of -way for the installation of a water service main
and future public road, a site for a two million gallon potable water storage tank and drainage
easements for natural stream flow and wetland mitigation. The requested variance was to
allow an increase in maximum road grade to 9.5% from the 8.5% stipulated in The Village (at
Avon) PUD Guide, for the portion of Nottingham Ranch Road (currently proposed as Traer
Creek Run) located north of I -70 and maintained by the Town of Avon. This Variance was
approved by Resolution No. 06 -13 at the March 14, 2006 Council Meeting.
Resolution 06 -14 (Exhibit 1) approves the proposed Preliminary Subdivision Plan subject to
compliance with specified conditions prior to Final Subdivision Plat approval and subsequent
issuance of any construction, grading or building permits.
We recommend approval of Resolution No. 06 -14, A Resolution Approving Preliminary
Subdivision Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado.
Previous Council Action: This and the Variance Applications were presented
to the Town Council at the March 14, 2006 Meeting. Following a public hearing and
discussion, the Variance Application was approved by Resolution No. 06 -13. Following a
public hearing and discussion, action on Resolution No. 06 -14 approving the Preliminary
Subdivision Plan was tabled pending resolution of issues including compatibility of
Preliminary Subdivision Plan with the PUD Wildlife Mitigation Plan and visibility issues
related to proposed retaining walls. Subsequently, Resolution No. 06 -14 was considered at the
April 11, 2006 meeting and following closure of the Public Hearing, action on the Resolution
was tabled pending receipt of additional information and clarifications with respect to the
Project. This additional information and clarification is generally described in the attached
letter to the Applicant dated April 28, 2006 (Exhibit 4).
The Applicant submitted the following materials in response to this request:
• Letter from Mauriello Planning Group Dated May 17, 2006 - (Exhibit 5)
Addresses Approved Development Plan, Design Review Authority, Newly Adopted
Regulations, Subdivision Review Considerations and Comprehensive Plan Criteria
• Letter from Mauriello Planning Group Dated May 18, 2006 - (Exhibit 6)
Note: Includes Applicants response to wetlands design; water tank aesthetic and
visual impacts; aesthetics of grading and level of cuts adjacent to the park; useable
acreage of the park; compatibility with surrounding land uses; proposed landscaping
plan; clarification need for water tank size; photos of previously constructed wetlands,
letter documenting tank size design criteria; and The Village (at Avon) Design
Review Board approval for 2 Million Gallon Water Storage Tank Landscape Concept
Plans
• Water Tank Landscape Plan and Visual Analysis Prepared by VAg, Inc. - (Exhibit 7)
• Conceptual Buildout Scenario - 2006 Updated Plan and Off -Site Visual Analysis
Photos by VAg, Inc. (Exhibit 8)
• Area N Analysis Including Original and Current Contours by Alpine Engineering, Inc. -
(Exhibit 9 / 2 Sheets)
• Arrowhead at Vail Filing 18 Wetlands Mitigation Plan by Alpine Engineering, Inc. -
(Exhibit 10)
Discussion: The initial purpose of the proposed subdivision is to establish a road
right -of -way and corresponding location for the installation of a water transmission main,
corresponding location for construction of a 2.0 million gallon water storage tank and an area
for required wetlands mitigation. Construction associated with proposed subdivision includes
constructing Traer Creek Run to proposed subgrade, placing a 16 foot wide aggregate surface
on subgrade to provide temporary access to water storage tank site, installation of a 16 -inch
water transmission main to the tank site, construction of a 2.0 million gallon water storage
tank, construction of storm drainage facilities and construction of a wetlands mitigation area.
Subdivision (Preliminary Plan): The Town Council shall review the preliminary plan to
determine whether the proposed subdivision conforms to applicable zoning and these
subdivision regulations and whether it takes into consideration:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development Master
Plan and the Comprehensive Plan, as reflected in the approval of that Planned
Unit Development;
(3) Physical suitability of lots proposed for subdivision; and
1AEngineeringWvon Village15.0 Filing 415.4 Preliminary Plan\Res 06 -14 Memo -3.Doc
(4) Compatibility with surrounding land uses.
The Applicant has responded to each of the above criteria in attached letter from Mauriello
Planning Group dated May 17, 2006 (Exhibit 5). In summary it appears that the applicant has
addressed the applicable preliminary subdivision approval criteria.
Supplemental Information: Additionally the Applicant has responded the comments
and requests for information requested in letter dated April 28, 2006 (Exhibit 4). The
Applicant's response to these comments and requests is in the referenced Exhibits following
each comment or request.
- Further detail on the visual condition of the wetlands ponds to avoid a constructed appearance.
Pictures of installations in the area should be provided as discussed by Mike Sliper.
(See Exhibits 6 & 10)
- Further detail and work on the aesthetics and visual impacts of the water tank, specifically the
retaining walls above and below the tank. Also, a better depiction of what this tank area would
visually look like across the valley and in consideration of the future road alignment to the
mountain lots of the VAA.
(See Exhibits 6, 7 & 8)
- Concern with the aesthetics of the grading and level of cuts adjacent to the park as a result of
the roadway alignment. Are there better options for the cut and fill slopes, such as the use of
retaining walls and landscaping to reduce roadside cuts and scaring?
(See Exhibit 6)
- Final useable acreage of the park as a result of the road alignment and requisite grading.
(See Exhibits 6 & 9)
- Analysis of the required comprehensive plan criteria, particularly those concerning aesthetics
and compatibility of this proposal with surrounding land uses, was requested. Please address
all adjacent parcels and the impact of this approval on them.
(See Exhibit 5)
- A landscaping plan for this project was requested by Council.
(See Exhibits 6 & 7)
- Clarification on the need for this size of water tank from the ERWSD. The tank size appears to
drive the need for disturbance and it is not clear why this tank is required to be sized at such a
large capacity.
(See Exhibit 6)
We anticipate the Applicant will have a representative present at the meeting to present the
new materials and to respond to questions regarding the proposed subdivision.
Financial Implications: There are no financial implications associated with the
granting or denial of this application.
L\Engineering\Avon Village\5.0 Filing 415.4 Preliminary Plan \Res 06 -14 Memo -3.Doc
Recommendation: We recommend approval of the Preliminary Subdivision Plan
for The Village (at Avon) Filing 4 as submitted with the supplemental information contained
in Exhibits 5, 6, 7, 8, 9 and 10 and subject to the conditions of approval in Resolution No. 06-
14, Series of 2006. Recommended action, approve Resolution No. 06 -14, A Resolution
Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 4, Town of Avon,
Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06 -14, A Resolution
Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle
County, Colorado.
Attachments:
Exhibit 1— Resolution No. 06 -14
Exhibit 2 — Preliminary Subdivision Plan Application
Exhibit 3 - Preliminary Subdivision Plan
Exhibit 4 - Town of Avon Letter with Comments dated April 28, 2006
Exhibit 5 - Mauriello Planning Group Letter dated May 17, 2006
Exhibit 6 - Mauriello Planning Group Letter dated May 18, 2006
Exhibit 7 - Water Tank Landscape Plan and Visual Analysis by VAg, Inc.
Exhibit 8 - Conceptual Buildout Scenario and Off -Site Visual Analysis Photos
Exhibit 9 - Area "N" Analysis with Original & Current Contour Lines (2 Sheets)
Exhibit 10 - Arrowhead Wetlands Mitigation Plan by Alpine Engineering, Inc.
Town Manager Comments:
IJ
C\Engineering\Avon Village\5.0 Filing 415.4 Preliminary Plan\Res 06 -14 Memo -3.Doc 4
E 'XI'll & i 7` /
TOWN OF AVON
RESOLUTION NO. 06-14
Series of 2006
A RESOLUTION APPROVING PRELIMINARY
SUBDIVISION PLAN FOR THE VILLAGE (AT
AVON) FILING 4, TOWN OF AVON, EAGLE
COUNTY, COLORADO
WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The
Village (at Avon) has applied for Preliminary Subdivision Plan approval for The Village
(at Avon) Filing 4, A Subdivision of the Southwest '/4, Northwest '/4, Section 8, Township
5 South, Range 81 West of the 6"' Principal Meridian and a Resubdivision of Tract H,
The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County Colorado, in
accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, The Preliminary Plan is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, The Preliminary Plan is subject to the terms and conditions of the
P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or
modifications thereto; and
WHEREAS, a Variance application to allow an increase in the maximum road
grade from 8.5% as stipulated in the Annexation and Development Agreement for that
portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate
Highway 70 and maintained by the Town of Avon, to 9.5% was submitted in conjunction
with said Preliminary Plan; and
WHEREAS, said Variance was approved by Resolution No. 06 -13; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 4 and
posted notices of the time and date at which Town Council considered the preliminary
subdivision application; and
WHEREAS, The Town held a public hearing at which it received evidence and
testimony concerning the Preliminary Plan, at the conclusion of which the Town Council
considered such evidence and testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Proposed Preliminary Subdivision Plan for The Village (at Avon) Filing 4 is in
the best interest of the public health, safety and welfare, conforms to the Annexation and
Development Agreement dated October 13, 1998, the terms of the P.U.D. Development /
Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications,
and other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to compliance with the following conditions prior to
Final Subdivision Plat approval and subsequent issuance of any construction, grading or
building permits:
1. Evidence of approval of the final construction plans must be provided by the
appropriate utilities, including water and sewer.
2. An approval letter from The Village (at Avon) Design Review Board must be
submitted prior to issuance of any construction, grading and/or building permits
for any improvements shown on The Village (at Avon) Filing 4, October 2005
Preliminary Plans.
3. All slopes shall be 2 : 1 or flatter or detailed plans and supporting geological and
soils documentation shall be submitted for review and approval consideration
prior to, or in conjunction with Final Plat submittal for review and approval.
4. Rip Rap Sizes and supporting documentation shall be submitted for review and
approval with final construction plans prior to issuance of construction, grading
and /or building permit.
5. Written approval from Eagle River Water and Sanitation District for the final
construction plans for the water main and water storage tank must be submitted
prior to issuance of construction, grading and /or building permit.
6. Water main and fire hydrant plans must be approved in writing by Eagle River
Fire Protection District prior to issuance of construction, grading and /or building
permit.
7. Landscaping /revegetation plans and specifications prepared by professional
landscape architect shall be submitted for review and approval prior to, or in
conjunction with Final Plat submittal.
8. All electrical lines and other utilities shall be underground unless granted special
review use approval for aboveground systems as required by Section 17.04.060(c)
of the Avon Municipal Code.
9. Construction, grading and /or building permits may be subject to special
inspection and review fees to be determined at the time of permit issuance.
0
10. Establishment and dedication of an east-west pedestrian and bicycle route to the
east from Traer Creek Run to US Forest Service Property in conjunction with
development of Planning Area RMF- 1.
11. Establish and dedicate public access ways to adjoining USFS lands through the
applicable residential planning areas in the Final Plat review and approval
process.
12. Include sidewalk along Traer Creek Run as a part of the final road construction
plans and final plat approval.
13. Subdivision Improvements Agreement must be approved by the Town of Avon
concurrently with Final Plat Approval and the corresponding security must be
submitted to and accepted by the Town prior to recording of the Final
Subdivision Plat.
14. Completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF MARCH 2006.
ATTEST:
Patty McKeimy, Town Clerk
3
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
HEART of the VALLEY
C 0 L 0 K A D 0
: I &VA &7) to] 01
RECEIVED
0 'T 1 7 2 0 tO 5
Subdivision Fee: $ munftyliNvelopi-nent
— t--3 W Q b C> S'
Applicant. RP L-L-"---
Mailing Address: — 2(.2, 3q4 LAD City: \1A I L- State: 6i�:> Zip: 81/,C-8
Phone #: �9-70-(749-(,774v Fax #: 4 - #:
_Z_'6'C39Cj:5) Cell
Owner of Property: —T .. A AF_g Cry -V;"FL-L-
Mailing Address: City: State: / f Zip:
Phone #: Fax #: I I Cell #:
rc
Lot- Block: Subdivision:
rIL1146 4
Project Street Address: -1, A
Project Name: --T--'L-e-
*Note: If the parcel has not previously been platted, please attach on a separate sheet a
Meets & Bounds Description.
Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision
Duplex Subdivision i, Land Subdivision ❑ Timeshare Subdivision
Type of Plat Approval Being Requested: ❑ Amended Final Plat
❑ Sketch Plan A Preliminary Plan ❑ Final Plat
*Note: All subdivsions other than Minor and Duplex Subdivisions are required to receive
Preliminary Plan approval prior to Final Plat.
Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 12127101) Page 1 of 2
Lot:
Block: Subdivision:
Project Address:
Project Name:. C U;'vOV`L' -' ,►.a� �i
All Applications:
❑ Four (4) sets of 24" x 36" plans
Review Fee(s):
❑ Three (3) copies of the completed subdivision application form - submit separate
applications for preliminary and final plats
❑ Fees
Condominiums and Duplex Subdivisions:
❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party Wall
Agreements
Recording Requirements:
❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements
which are fully executed and signed, including recording fees.
Additional Requirements:
Preliminary Plat Applications - 4 Units or more:
❑ Master List of all property owners within 300 feet with adequate legal descriptions
provided by a title company
❑ Original Copy of Public Hearing Notice
❑ Stamped and addressed envelopes for all property owners within 300 feet - metered
mail cannot be accepted
Reviewed by:
❑ Complete ❑ Incomplete Date:
This checklist is used to review subdivision applications for general completeness. We strongly
recommend that you contact the Community Development Department prior to submittal to
discuss specific submittal requirements for your project. Due to time constraints we can only
accept complete applications. Help us avoid delays by giving us clear, complete plans and
applications. If you have any questions, please call us at (970) 748 -4030.
Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12/27,01) Page 2 of 2
C O L O R A D O
April 28, 2006
Dominic Mauriello
Mauriello Planning Group, LLC
P.O. Box 4058
Edwards, CO 81632
RE: Tabling of Preliminary Subdivision Application
Filing 4, Village at Avon
Dominic:
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
970 - 748 -4000
970 - 949 -9139 Fax
970 - 845 -7708 77Y
I wanted to follow up with you on the few items that we believe will be important to the
resubmittal and rescheduling of this item with Council. Following are areas of focus for
inclusion and supplement in your resubmittal that were included in the motion for tabling
by Council on April 11, 2006:
- Further detail on the visual condition of the wetlands ponds to avoid a constructed
appearance. Pictures of installations in the area should be provided as discussed
by Mike Sliper.
- Further detail and work on the aesthetics and visual impacts of the water tank,
specifically the retaining walls above and below the tank. Also, a better depiction
of what this tank area would visually look like across the valley and in
consideration of the future road alignment to the mountain lots of the VAA.
- Concern with the aesthetics of the grading and level of cuts adjacent to the park as
a result of the roadway alignment. Are there better options for the cut and fill
slopes, such as the use of retaining walls and landscaping to reduce roadside cuts
and scaring?
- Final useable acreage of the park as a result of the road alignment and requisite
grading.
- Analysis of the required comprehensive plan criteria, particularly those
concerning aesthetics and compatibility of this proposal with surrounding land
uses, was requested. Please address all adjacent parcels and the impact of this
approval on them.
- A landscaping plan for this project was requested by Council.
- Clarification on the need for this size of water tank from the ERWSD. The tank
size appears to drive the need for disturbance and it is not clear why this tank is
required to be sized at such a large capacity.
Dominic, Council also requested further information on the `big picture' for Filing 4. I
realize you may only have conceptual plans at this time for the park, the timing of
construction of the pedestrian bridge from RMF -1 to the park, and the concept for lots
above the tank; however I believe you need to share these concepts with Council and use
this as supplemental information to support the required criteria for approval of this
subdivision.
In this respect, please ensure that you specifically address the approval criteria as outlined
in the Subdivision Code and how this proposal complies when supplementing the existing
application.
I think it is in our collective interests to make this process as informative and productive
as possible. As always, if you have any questions or thoughts please feel free to give me
a call at 748.4002.
Kind Regards,
ambi Katieb, AICP
Community Development Director
cc: Norman Wood
Subdivision File
19
►'ill
Mauriello Planning Group
May 17, 2006
Tambi Katieb, AICP
Community Development Director
Norm Wood
Town Engineer
PO Box 975
Avon, Colorado 81620
Re: Preliminary Subdivision Application, Filing 4, Village At Avon
Dear Tambi and Norm:
As you are aware the application for Preliminary Plat to establish a road right -of -way and
a water tank required for uses within The Village at Avon and within the greater
community has been in process with the Town for many months. As per your letter dated
April 28, 2006 the application was again tabled. There were several comments from
individual council members as noted in your letter. We have attempted to address the
comments and concerns of Town Council members with the additional information
provided along with this letter. This letter primarily addresses the compliance of the
application with the subdivision criteria and the newly adopted Comprehensive Plan for
the Town. Please also refer to additional correspondence and materials provided.
The Village at Avon Approved Development Plan
I want to take this opportunity to highlight some provisions of the PUD Guide and the
Annexation and Development Agreement (adopted by Ordinance No. 01 -16, Series of
2001). The proposed road being established by this application is the same road that was
shown on the approved "Development Plan" for The Village at Avon PUD.
Additionally, it was also known with the original approvals for The Village at Avon that
there would be a water tank located in the area currently proposed. Therefore, this
application for Preliminary Plat seeks to implement the approved Development Plan for
the Village at Avon. Since this Preliminary Plat application is an implementation step
within an approved PUD, many of the review and approval criteria were addressed at the
time of the original approval of the PUD. That said, the review criteria for subdivisions
and the newly adopted Comprehensive Plan for Avon have been addressed below.
The Village at Avon Design Review Authority
The PUD Guide for the Village at Avon gives the Village at Avon Design Review Board
complete review authority over the design and placement of any structure within the
PUD. Section II (B) of Exhibit E, Design Review Guide states that "The Village (at
Avon) Design Review Board is charged with the function of reviewing and acting
upon the general design and appearance of any building, construction, paving,
grading or landscaping proposed on any lot or parcel of land within The Village (at
Avon)." Therefore, issues with respect to the design of retaining walls, size and
placement of the water tank, and landscaping are not subject to review by the Town
Council of the Town of Avon. That said, the applicant has provided a landscape plan and
design materials to show how the site will be landscaped and fit into the landscape to help
address the issues raised by individual Town Council members.
Conflict with Adoption of Newly Adopted Regulations
The PUD Guide additionally states that that the Town of Avon may enact `regulations of
general applicability" that affect the Village at Avon even though there are vested rights
that exist on the property "provided that such newly enacted or amended Town
regulations shall not directly or indirectly have the effect of materially and
adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set
forth in the Annexation and Development Agreement or the Development Plan." (A,
4 PUD Guide). The foregoing concept also is reflected in multiple provisions of the
Village at Avon Annexation and Development Agreement. We do not concede that the
recently adopted Town of Avon Comprehensive Plan is binding on or controls
development within the Village at Avon, either directly or through its incorporation into
the Town's development regulations. In any event, the Comprehensive Plan falls within
the scope of the foregoing PUD Guide provision, and cannot be applied to processing of
subdivision or other development approvals for the Village at Avon to the extent it
conflicts with the approved PUD Development Plan, PUD Guide, and Annexation and
Development Agreement.
That said, the applicant has provided an analysis below indicating how the proposed
Preliminary Plat Application is consistent with the recently adopted Town of Avon
Comprehensive Plan.
Subdivision Review Considerations:
Below are the four considerations the Town Council must review when approving a
Preliminary Plan. The applicant has provided a response to each as noted.
16.20.040 Review — conformance to applicable regulations.
The Town Council shall review the preliminary plan to determine whether the proposed
subdivision conforms to applicable zoning and these subdivision regulations and whether
it takes into consideration:
14
(1) The Comprehensive Plan;
Applicant's Analysis:
The Town ofA von Comprehensive Plan was adopted in February of 2006 and has
language and policies that address the Village at Avon specifically and directly.
As noted above, where policies of the Comprehensive Plan conflict with, impair,
adversely affect, or delay the development of the Village at Avon, the PUD Guide
states that these policies shall no affect upon the PUD. With that in mind, the
applicant has addressed the policies and issues stated in the Comprehensive Plan
as it pertains to the Preliminary Plat being proposed.
District 9, within the medium priority districts provides seven policies
addressing this area. The policies are:
• Site buildings to maximize sun exposure, protect views, and break up
building bulk.
Applicant's Analysis:
No buildings are being sited with the proposed application. The proposed
water tank is being placed underground.
Protect view corridors, ridgelines, U.S. Forest Service lands, and steep
slopes from development.
Applicant's Analysis:
The Comprehensive Plan establishes a view corridor covering this area of
the PUD. The view corridor was established with full knowledge of the
approved Development Plan for the Village at Avon and therefore in
essence, recognizes the proposed roadway and water tank will be in this
area. The proposed Preliminary Plat has no impacts to ridgelines or
Forest Service Lands. The proposed water tank has impacts on moderate
slopes and is being mitigated with retaining walls and landscape
materials.
Encourage quality architecture to provide a positive gateway experience to
the community.
Applicant's Analvsis:
No buildings are being sited with the proposed application. The proposed
water tank is being placed underground. Therefore, this policy is not
applicable.
• Provide east -west pedestrian and bicycle routes.
Applicant's Analysis:
No pedestrian or bicycle routes are impacted by the proposed application
therefore policy is not applicable. The future roadway will provide
pedestrian and bicycle access to the park areas on adjacent lands.
Encourage additional informal landscaping of properties to soften the
visual impact of the structures.
Applicant's Analysis:
A landscape plan has been provided that softens the visual impact of the
proposed retaining walls associated with the proposed roadway and water
tank.
• Ensure that any neighborhood commercial uses are truly intended to
service the neighborhood.
Applicant's Analysis:
The proposed application does not have a commercial component and,
therefore, this policy is not applicable.
• Create connections through the park and residential uses to the USFS
lands surrounding the district.
Applicant's Analysis:
The proposed application does not an impact on connections through the
park or residential uses to the Forest Service land. Therefore, this policy
is not applicable to the proposed application.
A review of the Goals and Policies of the Town of Avon Comprehensive
Plan finds the following policies applicable to the proposed application:
Policy D.2.1: Beautify the town with street trees, sidewalks, landscaping and
public art.
Policy D.2.2: Design and maintain the Town's streets and walkways as safe,
inviting, and pedestrian/bicycle friendly public spaces.
Policy D.2.5: Develop community gateways along Avon's major roadway
corridors that respond to and strengthen Avon's community
identity. Gateways will delineate the Town's boundaries using
landscape, signage, and /or right -of -way treatments that are
applied consistently to create a unified community image.
4
Applicant's Analysis:
The proposed roadway in the short term will provide access to the water tank.
Landscape treatment in this phase will focus on revegetation necessary for soil
stabilization. More extensive landscape treatment is proposed adjacent to the
water tank to help reduce the visual impact of grading and retaining walls
associated with the placement of the proposed water tank.
In the long term, once the roadway is fully developed to provide access to the
future residential areas in a future phase, it will be fully landscaped consistent
with other roadways within the Village at Avon. A conceptual landscape plan
has been provided to show the future landscape treatment of this roadway. The
Village at Avon Design Review Board is responsible for review and approval of
any landscape treatments proposed and is therefore not in the review purview of
the Town Council.
The future roadway will be developed to provide safe access for pedestrians and
vehicles. Once completed, this area will be developed as a community gateway
which will strengthen the Town's community identity and help provide a unified
community image.
(2) For Planned Unit Developments, the relevant Planned Unit Development
Master Plan and the Comprehensive Plan, as reflected in the approval of that
Planned Unit Development;
Applicant's Analysis:
The sole purpose of the proposed subdivision is to plat a road right- of-'way and
provide for the location of a water tank both of which are indicated in the
Development Plan approved for The Village at Avon. The proposed plan is
simply an implementation activity of the approved PUD and the approved
Development Plan. Since this roadway and water tank were indicated in the
Development Plan and since the Design Review Board for The Village at Avon
has review authority over the design and landscape associated with the project
and has voted to approve the project, the proposed Preliminary Plat is therefore
in conformance with the Planned Unit Development Master Plan, the PUD Guide
Plan, and the Annexation and Development Agreement for The Village at Avon
PUD. The PUD Guide states `Provided an application for issuance of a Building
Permit complies with the Building Code for the Town of Avon and the
Development Plan, the applicant shall be entitled to receive such Building Permit
for any construction, improvements or alterations at The Village (at Avon) for
which the plans, specifications and details have been reviewed and approved by
the Design Review Board as defined herein" (A.3)g PUD Guide). Because the
Village at Avon Design Review Board has approved the tank design and the plans
comply with the Town's Building Code and the Development Plan, the applicant
is entitled to receive a building permit to construct it.
(3) Physical suitability of lots proposed for subdivision;
Applicant's Analysis:
The sole purpose of the subdivision is to provide a platted right -of -way and a
location for a required water tank necessary to serve the Village at Avon and the
greater Avon area. Other than the proposed development of a water tank, there
are no development lots being created by the subdivision. The proposed water
tank is being located in an area that provides topographic screening of the
grading and water tank to a large extent. The location of the water tank has been
studied extensively and found to provide the best location from engineering,
operations, and planning perspectives. The Eagle River Water and Sanitation
District has approved the size, siting, and location of the proposed water tank.
(4) Compatibility with surrounding land uses.
Applicant's Analysis:
The sole purpose of the subdivision is to provide a platted right -of- -way and a
location for a required water tank necessary to serve the Village at Avon and the
greater Avon area. The proposed roadway and water tank were anticipated and
included in the approved Development Plan for The Village at Avon PUD. The
surrounding land uses, as approved in the PUD and permitted by the PUD Guide,
will not change due to the proposed Preliminary Plat and therefore the
Preliminary Plat is compatible with surrounding land uses.
It should also be noted that according to the Village at Avon PUD Guide, the
"Owner may increase or decrease the size of any Planning Area, pursuant to the
administrative amendment procedures set forth in Section H.3 below, ... " `In
addition, the Owner may relocate or otherwise modem road alignments, lot lines,
Planning Area Boundaries and Building Envelopes due to site planning or
engineering considerations. " (A, 3(e) PUD Guide) Due to the conformance of this
plat with the approved Development Plan, it was unnecessary for the applicant to
file an administrative amendment to the PUD.
Please refer to additional correspondence provided for a description of how the applicant
has addressed the other issues listed in your letter dated April 28, 2006.
If you have any comments or questions, please feel free to call me.
Sincerely,
W�k�
Dominic F. Mauriello, AICP
Principal
6
THE VILLAGE (AT AVON) MASTER DESIGN REVIEW ASSOCIATION
A Colorado Nonprofit Association
MINUTES OF ACTION OF THE DESIGN REVIEW BOARD
PLAN APPROVAL/DENIAL
These Minutes of Action of The Village (at Avon) Master Design Review Board
(the "DRB") of The Village (at Avon) Master Design Review Association, a Colorado nonprofit
L,
corporation (the "Association"), were duly adopted by a majority of the DRB members at a duly
called and noticed special meeting of the DRB held on May 15'h 2006, at which the following
DRB members were present or have reviewed and discussed this matter: Magnus Lindholm,
Guy Erickson, Dan Leary and Terry Smith,
N
Owner. Traer Creek-RP LLC
Applicant: Traer Creek Metropolitan District
Property Description: A portion of Sections 7 and 8, T. 5 S., R. 81 W. 6"' P.M.
Name of Prgiggl: 2 Million Gallon Water Storage Tank
Description of Plans:
1) Landscape Concept plans prepared by VaG, Inc. dated 05/15/2006 titled Traer Creek
Metro District Water Tank Landscpae plans and visual analsys. Sheets LI.0.1,
L1,02, L1.03, LI.04 and plans prepared by VaG, Inc. dated 05/15/2006 titled Traer
Creek Metro District Water tank Landscape plans and visual analysis. Sheet 11.04
title Water tank View Shed analysis and L 1.03 titled Water Tank Community Views
Total Review Fees Paid and Outstanding: $ N/A paid $ N/A outstanding
Applicable Design Guidelines: Planning Areas OS-5
WHEREAS, the above-described Owner/Applicant has received approval on
January 6'h, 2006 for the above project, The Owner/Applicant has submitted additional plans
consisting of a Landscape Concept to the DRB seeking approval of the Owner /Applicant's
Project pursuant to the Declaration of Master Design Review Covenants for The Village (at
Avon) (the "Declaration"); and
WHEREAS, the DRB has reviewed the Plans for the Project submitted on behalf
the Owner/Applicant to determine whether the Plans and the Project comply with the Applicable
Design Guidelines described above and the Declaration; and
WHEREAS, S, the Plans and the Project (check one only):
0 Do not comply with the Applicable Design Guidelines and/or the
Declaration for the reasons listed on Exhibit A attached hereto.
0 Do comply with the Applicable Design Guidelines and the Declaration.
0 Subject to compliance with the conditions listed on Exhibit A attached
hereto, will comply with the Applicable Design Guidelines and the
Declaration.
The undersigned, being the Secretary of the Association, hereby certifies that:
Dan Leary of the DRB moved for approval of these Minutes of Action; Terry Smith of the DRB
seconded such motion; and these Minutes of Action were approved by the following members of
the DRB:
List of DRB members voting in favor of these
Minutes of Action:
Magnus Lindholm
Guy Erickson
Dan Leary
Terry Smith
List of DRB members voting in against these
Minutes of Action:
None
MUEM
Reasons for Denial/Conditions of Approval
(as applicable)
Pedro Campos presented VaG, Inc. landscape plans for the Water Tank supported by other
studies to show the visual impact of the Water Tank from different directional views,
Sheet L 1.02, L 1.04. The Board approved the Landscape plan as a concept. The actual effects of
the application of the plan will later be Studied and, if necessary to create as little as possible
visual impact for the valley and future landowners passing by, the applicant will add further
necessary vegetation.
M
►'� I 1
Mauriello Planning Group
May 18, 2006
Tambi Katieb, AICP
Community Development Director
Norm Wood
Town Engineer
PO Box 975
Avon, Colorado 81620
Re: Re- Submittal of Information for Preliminary Plat
Dear Tambi and Norm:
This letter, in addition to my letter dated May 17, 2006, addresses the List of comments
and issues raised by individual council members at the April 11 hearing on the
Preliminary Plat to establish a road right -of -way and a water tank in The Village at Avon.
Below is the text from your letter along with a response from the applicant:
• Further detail on the visual condition of the wetlands ponds to avoid a
constructed appearance. Pictures of installations in the area should be
provided as discussed by Mike Sliper.
Applicant's Response:
This type of wetlands creation project is not uncommon in Eagle County. Traer
Creek worked with David Johnson of Western Ecological Resources on the design
and permitting of the proposed wetlands. The wetlands have been reviewed and
approved by the Army Corps of Engineers who has regulatory authority in this
area. The design and aesthetics of the wetlands have been reviewed and
approved by the Village at Avon Design Review Board Enclosed with this letter
are some photos of a similar wetlands creation project location in Arrowhead
which shows the wetlands several years after they were created. As evidenced by
the photos, the proposed wetlands will be very natural in appearance and
function and will be an asset to this project.
• Further detail and work on the aesthetics and visual impacts of the water
tank, specifically the retaining walls above and below the tank. Also, a better
depiction of what this tank area would visually look Like across the valley and
in consideration of the future road alignment to the mountain lots of the
VAA.
Applicant's Response:
Inchsded in this re- submittal is a landscape plan which provides details for the
landscaping and screening of the retaining walls adjacent to the water tank.
Additionally a photo analysis of the project size and visibility of the water tank
location from various vantage points around the valley has been provided The
photos represent how the area will look to the human eye. It is evident that the
location of the tank and its elevation make it quite difficult to view from most
areas in the valley. We had to find locations at a high enough elevation to even
allow us to take the photos of the area. The proposed retaining walls and grading
will have limited visual impact to areas around the valley and within the Village
at Avon. It should be noted that the improvements have been approved by the
Village at Avon Design Review Board (see attached DRB meeting minutes).
Concern with the aesthetics of the grading and level of cuts adjacent to the
park as a result of the roadway alignment. Are there better options for the
cut and rill slopes, such as the use of retaining walls and landscaping to
reduce roadside cuts and scaring?
Applicant's Response:
The proposed road alignment was developed to limit the amount of grading and
retaining necessary to accommodate the roadway. The current fill located on
area "N" is an artificial condition. This area contains fill material that will be
utilized in the future roadway development. The term "scaring" suggests that the
roadway will be cutting into a natural topographic feature which is not the case
here. The future grading of the park area "N" has yet to be finally determined. It
is the applicant's current thinking that the park area will be leveled to some
degree to allow the park area to be more useable as an active park area. The
natural grade of that area (prior to fill material being added) is approximately
8% which is not conducive to active park improvements and would render the
area as more of a passive park space. A revegetation plan has been provided
which minimizes the effects of grading in this area.
Final useable acreage of the park as a result of the road alignment and
requisite grading.
Applicant's Response:
In the original approved Development Plan for The Village at Avon, the park area
labeled as "N" contained approximately 29 acres of land at about 8% average
slope or greater (some areas were much greater than 8 %). At the request of the
Town ofA von, Swift Gulch Road was created from Buffalo Ridge to Traer Creek
2
Run. The Village at Avon Filing 3 subdivision created the right -of- -way for Swft
Gulch Road which had the effect of reducing the land area designated as area
"N" by approximately 3 acres. The resulting acreage of the two area "N"
parcels is therefore 26 acres. The usable acreage of the park areas (areas with
acreage less than 3%) as a result of this subdivision is approximately 1 S.1 acres.
The acreage of area "N" as a result of the proposed Fling 4 subdivision is
approximately 27.3 acres. The additional land added to the park area is a direct
result of the proposed roadway moving slightly to the east. The usable park area
(areas with slopes of approximately 3%) is now increased to approximately 16.4
acres due to the new roadway alignment.
Therefore, it is evident that the proposed subdivision application has no negative
impact on the acreage of area "N" but instead a positive effect of 1.3 acres.
Analysis of the required comprehensive plan criteria, particularly those
concerning aesthetics and compatibility of this proposal with surrounding
land uses, was requested. Please address all adjacent parcels and the impact
of this approval on them.
Applicant's Response:
Please refer to letter to Tambi and Norm dated May 1 S, 2006 for a complete
analysis addressing this comment.
• A landscaping plan for this project was requested by Council.
Applicant's Response:
The proposed roadway in the short term will provide access to the water tank.
Landscape treatment in this phase will focus on revegetation necessary for soil
stabilization. More extensive landscape treatment is proposed adjacent to the
water tank to help reduce the visual impact of grading and retaining walls
associated with the placement of the proposed water tank.
In the long term, once the roadway is fully developed to provide access to the
future residential areas in a future phase, it will be fully landscaped consistent
with other roadways within the Village at Avon.
Additionally, the applicant has provided detailed photo and graphic simulation of
the proposed site grading and landscape treatment that clearly demonstrate that
the area can be sufficiently screened from view.
The Village at Avon Design Review Board is responsible for review and approval
of any landscape treatments proposed and is therefore not in the review purview
of the Town Council. The DRB has approved the landscape plan for this water
tank project (see attached minutes).
3
Clarification on the need for this size of water tank from the ERWSD. The
tank size appears to drive the need for disturbance and it is not clear why
this tank is required to be sized at such a large capacity.
Applicant's Response:
Please refer to the letter from Bates Engineering (attached) which addresses the
need for the proposed water tank. It should be noted that the size and impact of
the proposed water tank are not within the review purview of the Town Council,
but rather The Village at Avon Design Review Board. The water tank project has
been approved by The Village at Avon Design Review Board.
If you have any comments or questions, please feel free to call me.
Sincerely,
�)J'
Dominic F. Mauriello, AICP
Principal
4
Wetlands Creation Project
Arrowhead
Photo 1. Wetland Creation A (9/12/2000)
Photo 2, Wetland Creation B (9/12/2000)
Photo 3. Wetland Creation C (9/12/2000)
Photo 4. Wetland Creation D (9/12/2000)
Photo a. Wetland Creation E (9/12/2000)
Photo 6. Wetland Restoration (9/12/2000). Area to plant with bulrush.
BA-IFES
May 15, 2006
Mr. Norman Wood, P.E.
Town Engineer
P.O. Box 975
Avon, CO 81620
Re: Traer Creek Metro District
2 -MG Water Storage Tank
Dear Mr. Wood:
It is my understanding that questions have arisen regarding the need for, and capacity of, the
Traer Creek Metro District Zone 1 Regional 2- Million Gallon (MG) Water Storage Tank (WST).
Bates Engineering was responsible for developing the capacity of the tank considering the
requirements of the Eagle River Water and Sanitation District (ERWSD), who will own and
operate the WST and the Eagle River Fire Protection District (ERFPD).
In general, water storage at this location and elevation is required to:
Provide operational water storage for residential,
commercial demand flows specific to Pressure Zone 1.
the elevation of the Batchelor Gulch Regional Tank,
Avon.
• Provide a supply of water for emergencies.
institutional (schools) and
This zone is determined by
which serves the majority of
Operational storage is that capacity of water in a WST sized to meet flow demands during a
particular time period. Operational storage is also called equalization or effective storage. It is
required to meet water demands in excess of treatment and pump station capabilities.
Emergency storage can include water capacity for emergencies such as fires and interruptions in
service, such as pipeline failures, raw water supply interruptions or contamination, pump failure,
electric power outages and other natural disasters.
Specifically, to determine the estimated total water storage tank capacity it is necessary to
consider water demand factors set by the ERWSD, the land use defined by the Village of Avon
PUD Development Plan and fire flow storage required by the ERFPD. WST capacity sizing
considers requirements for operations storage and storage required to meet fire flows and other
emergencies enumerated above.
Bates Engineering incorporated
A circular WST is the least expensive alternate for water storage compared to non - circular
configurations. This is due to the efficiency of the circular shape and resulting internal stresses.
Hydraulically the proposed WST needs to work with the Batchelor Gulch WST, which means
that the overflow and bottom of WST elevations must match. This is required by the ERWSD for
system operations reasons
Operational Water Storage
Operational water storage criteria from four water providers, Denver Water, City of
Longmont, Centennial Water and Sanitation District (Highlands Ranch, Colorado) and
Town of Frisco, were reviewed and compared to criteria set by the ERWSD to determine
a recommended WST capacity. These entities provide general planning water demand
criteria in addition to recommending WST capacities. The American Water Works
Association (AWWA) Manual M32 was also used for additional guidance.
Fire Flow Storage
The ERFPD follows the standards found in the Fire -Flow Requirements for Buildings in
the International Fire Code. The district has previously established a fire flow of 2,250
gallons per minute (GPM) for a period of four hours for the Home Depot, which was
determined to be the critical building within the Village at Avon. This results in fire flow
storage of 540,000 gallons.
Recommended Storage Capacity
The analyses calculated a WST capacity of at least 1.9 MG including both operational and
emergency storage. A 2 MG WST was recommended.
Conclusion
Determining the capacity of, and location for, a WST can be a complex process. The staff at
Bates Engineering has been performing site and capacity studies for over 30 years. Part of our
understanding of the subject includes the knowledge that lay people may have questions. You are
welcome to contact me through Mike Sliper with Alpine Engineering.
Sincerely,
Bates Engineering, Inc.
' I
Robert T. Bates, PE, Fellow ACEC
RTB:rb
Page 2 of 2
11
THE VILLAGE (AT AVON) MASTER DESIGN REVIEW ASSOCIATION
A Colorado Nonprofit Association
MINUTES OF ACTION OF THE DESIGN REVIEW BOARD
PLAN APPROVAL/DENIAL
These Minutes of Action of The Village (at Avon) Master Design Review Board
(the "DRB") of The Village (at Avon) Master Design Review Association, a Colorado nonprofit
corporation (the "Association"), were duly adopted by a majority of the DRI3 members at a duly
called and noticed special meeting of the DRB held on May I5"' 2006, at which the following
DRB members were present or have reviewed and discussed this matter: Magnus Lindholm,
Guy Erickson, Dan Leary and Terry Smith.
Owner: Traer Creek-RP LLC
Applicant: Traer Creek Metropolitan District
Property Description: A portion of Sections 7 and 8, T. 5 S., R. 81 W. 6" P.M.
Name of Project: 2 Million Gallon Water Storage Tank
Description of Plans:
I Landscape Concept plans prepared by VaG, Inc. dated 05/15/2006 titled Traer Creek
Metro District Water Tank Landscpae plans and visual analsys. Sheets 1-1.0.1,
L 1.02, L 1.03, L 1.04 and plans prepared by VaG, Inc. dated 05/15/2006 titled Traer
Creek Metro District Water tank Landscape plans and visual analysis. Sheet 11.04
title Water tank View Shed analysis and L 1.03 titled Water Tank Community Views
Total Review Fees Paid and Outstanding: $ N/A paid $ N/A outstanding
Applicable Design Guidelines: Planning Areas OS-5
WHEREAS, the above-described Owner/Applicant has received approval on
January 6'h, 2006 for the above project. The Owner/Applicant has submitted additional plans
consisting of a Landscape Concept to the DRB seeking approval of the Owner /Applicant's
Project pursuant to the Declaration of Master Design Review Covenants for The Village (at
Avon) (the "Declaration"); and
WHEREAS, the DRB has reviewed the Plans for the Project submitted on behalf
the Owner/Applicant to determine whether the Plans and the Project comply with the Applicable
Design Guidelines described above and the Declaration; and
9
WHEREAS, the Plans and the Project (check one only):
❑ Do not comply with the Applicable Design Guidelines and/or the
Declaration for the reasons listed on Exhibit A attached hereto.
❑ Do comply with the Applicable Design Guidelines and the Declaration.
0 Subject to compliance with the conditions listed on Exhibit A attached
hereto, will comply with the Applicable Design Guidelines and the
Declaration.
The undersigned, being the Secretary of the Association, hereby certifies that:
Dan Leary of the DRB moved for approval of these Minutes of Action; Terry Smith of the DRB
seconded such motion; and these Minutes of Action were approved by the following members of
the DRB:
List of DRB members voting in favor of these
Minutes of Action:
Magnus Lindholm
Guy Erickson
Dan Leary
Terry Smith
List of DRB members voting in against these
Minutes of Action:
Om
14
MMM
Reasons for Denial/Conditions of A royal
Tp
(as applicable)
Pedro Campos presented VaG, Inc. landscape plans for the Water Tank supported by other
studies to show the visual impact of the Water Tank from different directional views.
Sheet L 1.02, L 1.04. The Board approved the Landscape plan as a concept. The actual effects of
the application of the plan will later be studied and, if necessary to create as little as possible
visual impact for the valley and future landowners passing by, the applicant will add further
necessary vegetation.
M
Traer Creek Metro District
Water Tank Landscape Plan nd Visual Analysis
Village at Avon, CO
June 27, 2006 - Town of Avon & Village at Avon DRB Submittal
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TOTAL PROVAID
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To: Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Norman Wood, Town Engineer
Date: June 21, 2006
Re: Resolution No. 06 -28, A Resolution Approving Nottingham and Puder Ditch
Repair, Maintenance and Management Agreement
Summary: Traer Creek Metropolitan District, EMD Limited Liability Company and the
Town of Avon each own water rights pertaining to the Nottingham and Puder Ditch. The
Nottingham and Puder Ditch Repair, Maintenance and Management Agreement has been
developed to address the current ownership and water right interests in the Ditch and to
establish an Agreement for ditch repairs, routine ditch maintenance, ditch improvements and
the distribution of costs. The attached Red -Lined copy of the Nottingham and Puder Ditch
Repair, Maintenance and Management Agreement (Attachment 2) has been modified to
address concerns expressed by Council when this item was considered and tabled at the
previous meeting on June 13, 2006. This Redlined version of the Agreement was approved by
Traer Creek Metropolitan District at their meeting on June 21, 2006.
Approval of Resolution No. 06 -28 (Attachment 1), Approving the Nottingham and Puder
Ditch Repair, Maintenance and Management Agreement is recommended.
Discussion: The Nottingham and Puder Ditch is an irrigation ditch with its diversion
on the north side of the Eagle River in the Eagle -Vail area where I -70 crosses the railroad,
river and US Highway 6. The ditch follows along the southerly side of the railroad right -of-
way from the diversion point to a point near the new Presbyterian Church in McGrady Acres.
It then crosses under the railroad and is piped under the Home Depot and Wal -Mart parking
lots and Post Boulevard. It then flows across The Village (at Avon) Filing 1 between Beaver
Creek Boulevard and I -70 to the northwesterly corner of the property near City Market. There
it crosses under I -70 and then flows along the southerly side of Swift Gulch Road to the Pizza
Hut site, then crosses Colder Swift Gulch Road and flows across the Cottonwood site to Buck
Creek and then to Nottingham Lake. The Nottingham and Puder Ditch is a critical source of
water for the maintenance of water quality and water levels in Nottingham Lake.
1:AEngineeiing\Avon Village \I.0 General \13 Water\Ditch 0 & M\Res 06-28 Memo-2.Doc 1
The proposed Agreement is needed to address the issues associated with common ownership
and maintenance of the ditch. The proposed agreement provides for an equitable distribution
of costs for ditch repairs, routine ditch maintenance and ditch improvements as well as
establishing a procedure for undertaking and funding significant projects. This ditch is in need
of major repairs between the diversion structure and the point where it crosses under the
Railroad. These repairs are necessary to assure a consistent flow of water to both the Village
and to the Town of Avon. Approval of this Agreement will provide a much needed
mechanism for the implementation of these improvements.
Concerns expressed with the previous draft of the Agreement as considered at the June 13
Meeting included:
1. Should this agreement provide that both parties are obligated to approve and provide funding
for repairs and maintenance necessary to ensure that the ditch continues to provide the quantity
and quality of water that it has historically?
2. Should there also be a default interest provision that will induce a party to contribute its share of
the expenses on a timely basis?
3. Should the reference be "historic piped capacity' rather than "current piped capacity"?
4, Should we agree on an escrow agent now?
The attached Memorandum from Gary Greer (Attachment 3) addresses the above comments
and revisions agreed to by the other parties. These are generally summarized as:
1. Paragraph 2 has been modified and new Paragraph 3 has been added to establish an
obligation to fund Annual Repairs and Routine Ditch Maintenance subject to annual
appropriations.
2. Agreement does not have a default provision. Gary notes that default is covered under
state statutes and summarizes the remedies.
3 Gary recommends and I concur that "current piped capacity" should be retained in the
Agreement as it is a known quantity based engineered design and quality controlled
installation.
4. Gary does not recommend designating an Escrow Agent in the Agreement as this is
anticipated to be a long term agreement and escrow agents may change over time.
Recommendation: Approval of Resolution No. 06 -28, a Resolution Approving
Nottingham and Puder Ditch Repair, Maintenance and Management Agreement is
recommended.
Proposed Motion: I move to approve Resolution No. 06 -28, a Resolution
Approving Nottingham and Puder Ditch Repair, Maintenance and Management Agreement
CAEngineering\Avon Village1.0 Generahl.3 Watet\Ditch 0 & M\Res 06 -28 Memo-2.Doc 2
Town Manager Comments:
Attachments:
Attachment 1 - Resolution No. 06 -28
Attachment 2 - Nottingham and Puder ditch Repair, Maintenance and Management
Agreement (Red -Lined Version)
Attachment 3 - Memorandum from Gary Greer to Norman Wood
l:AEngineering\Avon Village\1 .0 General\13 Water\Ditch 0 & Wes 06 -28 Memo -2.Doc 3
A -r-r AC R M M-N i- /
TOWN OF AVON
RESOLUTION NO. 06-28
Series of 2006
A RESOLUTION APPROVING NOTTINGHAM AND PUDER DITCH REPAIR,
MAINTENANCE AND MANAGEMENT AGREEMENT
WHEREAS, Traer Creek Metropolitan District, EMD Limited Liability Company and the Town
of Avon own certain water rights pertaining to the Nottingham and Puder Ditch; and
WHEREAS, the Nottingham and Puder Ditch has sustained some structural damage and is in
need of repair, ongoing maintenance and new measuring devices in order for the parties' to
convey their respective water rights through the ditch; and
WHEREAS, Traer Creek Metropolitan District, EMD Limited Liability Company and the Town
of Avon wish to enter into an agreement in order to provide for the repair, maintenance and
ongoing management of ditch operations and the allocation of costs associated therewith; and
WHEREAS, the Nottingham and Puder Ditch Repair, Maintenance and Management
Agreement provides for ditch repairs, routine ditch maintenance, ditch improvements and the
distribution of costs; and
WHEREAS, the Nottingham and Puder Ditch Repair, Maintenance and Management
Agreement has been reviewed and recommended for approval by Town Staff, Town Attorney
and Town Water Attorney.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Nottingham and Puder Ditch Repair, Maintenance and Management
Agreement is hereby approved.
I:AEngineering\Avon Village \1.0 Generahl.3 Water\Ditch O & M\Res 06 -28 Ditch Agmnt.doc
4
ADOPTED THIS DAY OF , 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
I:AEngineering\Avon Village \1.0 General \1.3 Water\Ditch O & M\Res 06 -28 Ditch Agmnt.doc
6
NOTTINGHAM AND PUDER DITCH REPAIR, MAINTENANCE
AND MANAGEMENT AGREEMENT
This Agreement is made and entered into this day of , 2006, by and
among the Town of Avon, a Colorado municipal corporation ( "Avon "), Traer Creek
Metropolitan District, a quasi - municipal corporation and political subdivision of the State
of Colorado (the "District ") and EMD Limited Liability Company, a Colorado limited
liability company ( "EMD ").
RECITALS
A. WHEREAS, the Nottingham and Puder Ditch diversion point is located on
the north bank of the Eagle River at a point whence the south quarter corner of Section 8,
T. 5 S., R. 81 W. of the 6th P.M. bears north 12° east 250 feet and said ditch continues
generally in a northwesterly direction from its diversion point to the Town of Avon;
B. WHEREAS, Avon, the District and EMD own certain water rights
pertaining to the Nottingham and Puder Ditch as more particularly described in decrees
entered in Case Nos. 385, 963, 1193, W -3941, W -3664 and 97CW306.
C. WHEREAS, EMD's affiliate, Traer Creek LLC, is developing The Village
(at Avon) project on property crossed by the Nottingham and Puder Ditch. Among other
uses, the ditch may supply nonpotable water for irrigation, flow through and recreational
purposes for the development and supply water to certain storage facilities;
D. WHEREAS, among other uses, Avon utilizes the Nottingham and Puder
Ditch to supply water to Nottingham Lake which is located down -ditch from The Village
(at Avon) development;
E. WHEREAS, the Nottingham and Puder Ditch has sustained some
structural damage and is in need of repair, ongoing maintenance and new measuring
devices in order for the parties' to convey their respective water rights through the ditch;
and
F. WHEREAS, Avon, the District and EMD wish to enter into this
agreement in order to provide for the repair, maintenance and ongoing management of
ditch operations and the allocation of costs associated therewith.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and the mutual covenants set forth herein,
the parties agree as follows:
1. Ditch Repairs. The parties recognize that a new flume has recently been
installed in the Nottingham and Puder Ditch. In addition, sections of the ditch need to be
reworked in order to properly convey the parties' water rights. The parties may also wish
to repair the headgate and diversion facility. (The new flume, ditch section and diversion
{ 00041 142 / 11
0
facilities repairs are hereinafter referred to as the "Planned Repairs ".) The parties agree
to meet each �5_epten7ber to agree on a general repair plan for the Nottingham and
Puder Ditch for the following Spring ( "Annual Repairs "). In the event of an emergency,
either party may take emergency steps to prevent flooding, damage to property, or
damage to the ditch ( "Emergency Repairs ") and the parties shall then meet to discuss the
situation within forty -eight (48) hours. Expenses of Planned Repairs, Annual Repairs and
Emergency Repairs shall be divided between the parties as follows: Avon fifty percent
(50 %); the District thirty percent (30 %); and EMD twenty percent (20 %). Neither the
District or EMD shall be liable for ditch repair costs below the point where the ditch
leaves the western end of The Village (at Avon) property.
2. Routine Ditch Maintenance. The parties also agree to confer each Spring
on routine ditch maintenance ( "Routine Ditch Maintenance ") and to either complete such
maintenance themselves or contract with a third party for such work. The expenses of
Routine Ditch Maintez�nnce shall be divided between the parties
as follows: Avon fifty percent (50 %); the District thirty percent (30 %); and EMD twenty
percent (20 %). Neither the District or EMD shall be liable for ditch maintenance costs
below the point where the ditch leaves the western end of The Village (at Avon) property.
3_
Qbligntion. to Fund Annual Repairs and Routine Ditch Maintenance_
Sub'ectto anxliiai ap- rokriations, the parties recogniz ind agree that ach is ob at-C to
the extent of their respective cost allocations in Paragraph 1 and paraaranh_2_to
reasonably approve and fund the Annual Repairs and Routine Ditch Maintenance in order
to keep the ditch ox ex� able.
4, -Ditch Improvements. The parties recognize, acknowledge and agree
that The Village (at Avon) development requires certain nonpotable water to be delivered
through the Nottingham and Puder Ditch for irrigation (including charging certain wet
well facilities), flow through, recreational purposes and to supply water storage facilities.
The parties agree to cooperate regarding the delivery of unused or flow through water
from the development back to the Eagle River. The parties will cooperate in utilizing
historic water drainage and discharge routes, the ditch system at the west end of the
development property, discharges to the Metcalf Ditch or, as a last resort, discharge
down -ditch to Nottingham Lake. The ditch shall not be used as a stormwater or drainage
collection system and water shall not be delivered down ditch to Nottingham Lake that
differs materially in quality from water historically delivered through the ditch unless
such water quality is attributable to the Eagle River which is the source of the ditch. The
cost of any upgrades or repairs to such discharge facilities shall be the responsibility of
the District. The costs of any measuring devices or splitter boxes in the ditch at or above
the western end of The Village (at Avon) property shall be divided between the parties as
follows: Avon fifty percent (50 %); the District thirty percent (30 %); and EMD twenty
percent (20 %). With respect to any other major repairs, improvements or significant
work including costs in excess of $50,000 ( "Significant Projects "), any party desiring
same ( "Initiating Party ") shall give notice to the other parties of the work required and
the estimated cost of such work ( "Cost Estimate "). Prior to undertaking Significant
Projects, the parties shall agree on the scope, timing and allocation of costs ( "Allocated
Share ") for such project and each party shall deposit its share of the costs in accordance
{00041 142 I 1 } 2
I
with the escrow procedure more specifically set forth below. Notwithstanding anything
to the contrary set forth herein, the District and EMD may unilaterally, and in their sole
discretion, relocate or pipe the ditch in areas within The Village (at Avon) development
so long as (i) the carrying capacity of the ditch is not reduced below the current piped
capacity of the ditch; and (ii) the District and EMD pay the costs of such improvements.
5. - Escrow Procedure. Upon the parties' agreement on the scope, timing
and allocation of costs for Significant Project(s), each party shall deposit in cash, with an
escrow agent, agreed upon by the parties ( "Escrow Agent "), 120% of its Allocated Share
to undertake the Significant Project(s), based upon the Cost Estimate. The Escrow Agent
shall establish an escrow account for the purpose of funding the Significant Project(s)
( "Escrow Account ") to hold all cash deposits made under this Section, as well as interest
earned thereon. Interest earned on amounts on deposit shall be treated in all respects as
escrow funds. No portion thereof shall be subject to claims of the Escrow Agent's
general creditors. Cash deposits received under this Section shall not be commingled
with other funds. The parties will require the Escrow Agent to: (i) acknowledge that the
District and Town are "political subdivisions" and that the Escrow Account is a "public
deposit" as such terms are defined in the Public Deposit Protection Act of the State of
Colorado (the "Act ") and (ii) establish and maintain the Escrow Account with a "public
depository" as defined in the Act.
a. General Disbursement. The Initiating Party shall be entitled to
request a withdrawal of funds from the Escrow Account for payment of the costs for the
Significant Project(s), from time to time, in accordance with and subject to the following
procedure. The Initiating Party shall copy the other parties on all communications with
the Escrow Agent. All invoices and payment requests prepared in connection with the
Significant Project(s) shall be delivered to the Initiating Party by the general contractor
and other contractors and materials suppliers, as applicable. Upon the Initiating Party's
approval of each payment request or invoice, as applicable, the Initiating Party shall
transmit the request to Escrow Agent. Promptly upon receipt of approval of each
payment request or invoice, Escrow Agent shall withdraw funds from the Escrow
Account and make payment directly to the contractor or materials supplier, as applicable,
less any retainage amount, upon receipt of: (i) the payment request or invoice and (ii) an
executed mechanics lien release in a form approved by the Initiating Party. The Initiating
Party shall secure the other parties' written consent to withdraw funds from the Escrow
Account in excess of line item limits contained in the Cost Estimate. The Initiating Party
shall provide to the Escrow Agent a copy of the other parties' written consent when
submitting a request to withdraw funds that exceeds the line item limits contained in the
Cost Estimate.
b. Final Disbursement. If the Significant Project(s) are completed
and the Escrow Agent is still holding fluids in the Escrow Account, Escrow Agent shall
disburse said funds to the parties based upon each party's Allocated Share within ten (10)
days after receipt of: (i) in the case of the District or the Town, certification of the District
or the Town, as applicable, that publication of notice of final payment has been made in
accordance with statute; (ii) written approval of the final payment request by the other
parties; and (iii) executed mechanics lien waiver(s).
100041142 / 1 } 3
C. Retainage. The parties agree to comply with all statutory retainage
provisions relating to the Significant Project(s), as applicable.
d. Audit. The parties shall have the right, at their respective sole
expense and at reasonable times, to conduct or to cause to be conducted an audit of the
Escrow Account and all disbursements for the Significant Project(s).
e. Expenses Relating to Escrow. The Escrow Agent shall be entitled
to deduct from the Escrow Account all administrative fees of the Escrow Agent relating
to the Escrow Account so long as the administrative fees and expenses are in accordance
with Escrow Agent's fee schedule agreed to by the parties.
b. Prior Agreement. EMD and Avon's predecessor in interest, the Avon
Metropolitan District, entered into a ditch repair and maintenance agreement for the
Nottingham and Puder Ditch dated July 26, 1994. The parties agree that this agreement
shall supersede and fully replace the 1994 ditch repair and maintenance agreement in all
respects and the 1994 agreement shall, if recorded, be released.
7. Accounting for Nonpotable Uses at The Village (at Avon). The District
shall be responsible for installing necessary meters and otherwise accounting for
nonpotable water use at The Village (at Avon) development. The District shall provide
such accounting to the Upper Eagle Regional Water Authority to be incorporated into the
accounting for the augmentation plan in Case No. 97CW306.
8. 7—.Term. The initial term of this agreement shall be from the date of this
agreement until April 1, 2007. Any party may terminate this agreement by providing
written notice to the other parties prior to April 1, 2007. Thereafter, this agreement shall
automatically renew itself on an annual basis on April 1st of each year unless any party
provides notice of termination prior to any April 1 st annual renewal date.
9. S—.Access. Nothing in this agreement shall be construed or interpreted as
granting an easement, license or right of access over the real property of any other party
or any of its affiliated parties.
10. Notices. All notices, requests, consents and other communications
pertaining to this agreement shall be transmitted in writing and shall be deemed duly
given within 3 days of mailing or when actually received by any party if hand - delivered,
at their addresses below or any subsequent addresses provided to the other parties in
writing:
Notice to Avon:
Town Manager
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, CO 81620
1000411421 1) 4
With copy to:
John W. Dunn, Esq.
Dunn & Associates
P. O. Box 7717
Avon, CO 81620
Notice to District:
Traer Creek Metropolitan District
Attention: President
P.O. Box 640
Vail, CO 81658
With copies to:
Darlene Sisneros
McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, CO 80202
Richard A. Johnson
Johnson & Repucci LLP
2521 Broadway, Suite A
Boulder, CO 80304
Notice to EMD:
EMD Limited Liability Company
Attention: Magnus Lindholm
P.O. Box 640
Vail, CO 81658
With copy to:
Richard A. Johnson
Johnson & Repucci LLP
2521 Broadway, Suite A
Boulder, CO 80304
11. -P,) Covenant. This agreement is intended and shall be a covenant running
with and burdening the parties' respective interests in the Nottingham and Puder Ditch
and shall bind and inure to the benefit of the parties' respective successors and assigns.
( 00041 142 1 1 )
61
N
12. -:-- Miscellaneous.
a. This agreement is not to be construed as a contractual waiver of
any immunities or defenses provided by the Governmental Immunity Act, C.R.S. §24 -10-
101 et seq., or other statutes or common law.
b. The financial obligations of Avon and the District, and of any
governmental successor of any of the parties, pursuant to this agreement shall be subject
to the annual budgeting and appropriation of funds therefore in accordance with Colorado
law.
C. This agreement may be amended from time to time by
amendments made by the parties in written form and executed in the same manner as this
agreement.
d. Each person executing this agreement represents and warrants that
he or she has been duly authorized by their party to execute this agreement and has
authority to bind said party to the terms and conditions hereof.
Executed and effective as of the date first set forth above.
100041142 J 1 }
TOWN OF AVON, a
Colorado municipal corporation
By:_
Name:
Title:
TRAER CREEK METROPOLITAN
DISTRICT, a quasi - municipal
corporation and political subdivision
of the State of Colorado
By:_
Name
Daniel J. Leary
Title: President
EMD Limited Liability Company,
a Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
By:
Name: Magnus Lindholm
Title: President
STATE OF COLORADO
)ss.
COUNTY OF
The foregoing was acknowledged before me this _ day of , 2006, by
, as of the Town of Avon, a Colorado municipal
corporation, on behalf of the company.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
)ss.
COUNTY OF
Notary Public
The foregoing was acknowledged before me this day of , 2006, by
Daniel J. Leary, as President of Traer Creek Metropolitan District, a quasi - municipal
corporation and political subdivision of the State of Colorado, on behalf of the company.
Witness my hand and official seal.
Notary Public
My commission expires:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing was acknowledged before me this day of , 2006, by
Magnus Lindholm, as President of Lava Corporation, a Colorado corporation, Manager
of EMD Limited Liability Company, a Colorado limited liability company, on behalf of
the corporation and the company.
Witness my hand and official seal.
My commission expires:
{00041142{1}
Notary Public
N
►V
To: Norman Wood
From: Gary Greer
Date: June 21, 2006
Re: Nottingham -Puder Ditch Maintenance Agreement
This matter was tabled at the June 13th meeting of the Avon Council. Thereafter, I
discussed the four issues that had been raised about the agreement, first with you, and then with
Rick Johnson, attorney for Traer Creek Metropolitan District and EMD LLC ( "Traer
Creek/EMD "). Those issues and the outcome of those discussions are as follows.
Obligation to fund repairs and maintenance.
It was suggested by the Council that the agreement should provide that both parties are
obligated to approve and provide funding for repairs and maintenance necessary to ensure that
the ditch continues to provide the quantity and quality of water that it has historically.
We raised this issue with Rick Johnson. He indicated several concerns, among them, the
limitation on special districts' (and towns') ability to commit to multi -year funding unless it is
subject to annual appropriation by the governing body. That concern is usually addressed by
making the commitment subject to the annual appropriation process. He also was concerned
with the difficulty of determining the historical delivery capacity of the ditch. After some
discussion Rick indicated he could recommend to his clients a new Paragraph 3 in the agreement
along the following lines:
3. Obligation to Fund Annual Repairs and Routine Ditch Maintenance.
"Subject to annual appropriations, the parties recognize and agree that each is
obligated to the extent of their respective cost allocations in Paragraph 1 and
Paragraph 2 to reasonably approve and fund "Annual Repairs" and "Routine
Ditch Maintenance" in order to keep the ditch operable."
"Annual Repairs" are defined in Paragraph 1. Routine Ditch Maintenance is defined in
Paragraph 2.
above.
Rick Johnson has since confirmed that his clients have approved Paragraph 3 as written
Two positive points are thus achieved.
N
Norman Wood
June 21, 2006
Page 2
First, the parties do recognize their obligations (subject to annual appropriations in the
case of Avon and Traer Creek Metro District) to approve and fund two classes of work, Annual
Repairs and Routine Ditch Maintenance, both of which are defined terms in Paragraph 1 and 2.
Second, the cost allocations (Avon 50 %; Traer Creek Metro District 30 %; and EMD
20 %) for these classes of work in the agreement are somewhat more favorable to Avon than the
cost allocations that otherwise would be applicable without an agreement. Absent an agreement
the costs of maintenance and routine repairs would have to be allocated by litigation, if disputed.
Statutory law provides that co- tenants of an irrigation ditch bear the costs of cleaning and repairs
in proportion to their respective interests except that no co -owner is liable for cleaning and
repairing the ditch below the point from which he takes his water. A study was conducted for
EMD /Traer Creek in 2004 to determine the respective percentages of water rights owned in the
ditch. According to Rick Johnson's letter of October 20, 2004 to Dan Leary, the study indicated
that after Traer Creek/EMD had abandoned their junior rights at the request of the State and
Division Engineers as a part of the historic consumptive use analysis done in connection with
Case No. 97CW306, the total remaining amounts in the ditch are 16.865 cfs Ownership of these
amounts are Avon -56 %; Traer Creek -27 %; and EMD -17 %. Rick Johnson's letter stated that
Avon's percentage of responsibility would increase if other water rights that were transferred by
Avon Metro District from the Grace Park Ditch, C.A.C. No. 1 Ditch and C.A.C. No. 2 Ditch to
the Nottingham and Puder Ditch were taken into account but that would require further research
and investigation, which has not been done. Hence, Avon's responsibility might be more than
50% in the absence of the allocations in the agreement.
There is still no obligation under the agreement to approve and fund "Significant
Projects" in advance. These are defined as "other major repairs, improvements or significant
work including costs in excess of $50,000 ". The way the agreement works is that one party can
propose a project and its estimated cost. Then if the parties agree on the scope, timing and
allocation of costs, they shall deposit their shares of the costs in escrow. Traer Creek/EMD are
unwilling to commit further than this. Rick Johnson's position is that projects such as these
typically involve studies, drawings, specifications, cost estimates, and the like, that parties
discuss in some detail before committing. Cost allocations may vary depending on location,
purpose, and relative benefits to the parties so that it is difficult to go with a standard allocation
for future large projects.
Default Interest Provision.
There is no default interest provision in the agreement. However, this is a matter covered
by statute law. In the event of default by any party, the non - defaulting party typically seeks its
remedy by litigation. Non - payment is a default for which the usual remedy is a judgment for
money damages. In the absence of an agreement specifying the rate of default interest, Colorado
law provides for judgment interest at the rate of eight percent per annum compounded annually
for all moneys (or the value of all property) after they are wrongfully withheld or after they
become due to the date of payment or to the date judgment is entered, whichever first occurs.
CRSA Sec. 5 -12 -102. In some instances, where there is an appeal, interest accrues at 2% above
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Norman Wood
June 21, 2006
Page 3
the discount rate, the rate of interest a commercial bank pays to the federal reserve bank of
Kansas City using a government bond or other eligible paper as security ". CRSA Sec. 5 -12 -106.
Historic piped capacity versus current piped capacit .
I believe that current piped capacity is the more apt term for the agreement. The size of a
ditch is not uniform throughout its length. That is, it is usually larger at the upper end close to
the headgate than it is towards the lower end of the ditch. We do not necessarily know the
historic piped capacity at all locations on the ditch. It may have varied from one segment to
another. The current capacity of the pipe installed through the modern commercial
developments traversed by the ditch is realistically the optimum capacity and, in fact, as you
have explained, it may be larger than the capacity of some segments of the open channel portions
of the ditch.
Time to designate and escrow agent.
This is potentially a very long -term agreement with the possibility that the need to
designate an escrow agent could occur on multiple occasions over a number of years. Naming
an agent now would be premature. Individuals are not usually named as escrow agents in long-
term arrangements because they may die or move away. Banks that are named as agents
sometimes go out of business or are sold or merged with other organizations. The appropriate
time to select the agent is when the need arises.
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MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 13,20Q8
A [egU|@[ meeting Of the Town of Avon, CO|O[8d0 was held at 400 Benchmark Road, /\vOO.
Colorado iO the Council Chambers.
Mayor Ron Wolfe C8|ked the meeting to order Ed5:3O P&4. A roll call was taken and Council
members present were Debbie Buckley, Mac McDevitt, Amy Phillips, Brian Sipes, and Tamra
Nottingham Underwood. KhSd Ferraro was absent. Also present were Town Attorney John
UUDD, lFOvvD PW3D8ger Larry Brooka, Asst. Town yW@n8gerJ8cquie H@|bUrnt' Town Clerk Patty
K8CKenny' iOvvD Engineer Norm VVooU' Public VVOrkS/Tr8DS|t Director Bob Reed and
Community Development Director T@[Dbi P{8deb' Finance Director Scott Wright, as well as
members nf the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST
There were no agenda items that would require @disdVSUre 0f8 conflict ofinterest orexparte
CITIZEN AND COMMUNITY INPUT
Sara Will with Access Vail Valley introduced 8 new non-profit organization dedicated to
supporting and expanding recreation activities for those people with disabilities. Their group
would like to work with community development groups to create n3Cre8diOD venues for those
with disabilities. She noted certain trails that d0 not 8cc0rnnnOd8te biking for disabilities.
Bob Reed, Public VVO[kS Director, and F`8StO[ K8@1ny GP Of the New Life Assembly Of God
Church informed COUOCi| that 8 group from the church vvOU|d be performing some community
service work for the Town, i.e. maintaining Nottingham F<O@d. Council supported the group's
effort. Some disCUSSiOD ensued about the "adopt @tnai|S program" that exist within the EC{}
trails system.
POLICE DEPARTMENT AWARDS
Brian KOz8k, Police Chief' presented lifesaving Purple Heart awards to Officer Matt
Westenfelder and Officer Jeremy Arndt for their efforts in public safety.
ORDINANCES
John DuDD, Town Attorney presented Ordinance No. OO-OS, Series Of 2006, Second Reading,
An Ordinance Amending Chapter 17.14, Title 17, Avon K8UniCip8| COd8, Relating T0 Vested
Property Rights. He noted that these proposed amendments are tO the vested property rights
chapter of the Code. He reviewed 3 change nn@dH to the ordinance related t0 the dote of
implementation of the legislation as well as the two Ch8Dg8S made from the |8St reading at
which time the ordinance was tabled — changes in Section O. And it was noted the
recommendation to provide for @single phase & nnU|U-ph8Se plan; discussion ensued on this
topic. Mayor Wolfe opened the public hearing. |Dg8C8uSey.Traer Creek RP, LLC8dd[8SS8d
Council in opposition of the ordinance in that it violates case |axv and endangers developers
ability to borrow. No other cononoen1S were made and the hearing was closed. Trying to
S[8Dd@ndiz8d methods for the pnOCRsS Of obtaining @ PUU and that should not run into
perpetuity.
K88yU[ Pro T8Dl Underwood D1DVed to table Ordinance NO. 00-09' Series Of 2006, on second
reading, An C}rdin3OC8 Amending Chapter 17.14` Title 17, Avon Municipal CVdS, Relating To
Vested Property Rights with proposed changes discussed as follows: Section 4b include June
1, 2006, delete 4c, and add language regarding multiphase projects. Councilor Sipes seconded
the motion and it passed with a three to two vote (Ferraro absent).
John Dunn, Town Attorney, presented Ordinance 06 -11, Series Of 2006, Second Reading, An
Ordinance Amending Title 8 of the Municipal Code of the Town of Avon Relating To Public
Nuisances. He noted that this legislation addressed nuisance amendments related to
storage /parking of railroad cards. Enforcement issues were discussed related to this legislation.
Dunn noted that research was conducted regarding this topic reviewing CML materials and
other community's legislation as well as case law. Mayor Wolfe opened the public hearing.
Peter Buckley, resident, did not support the legislation and notes that the town's position with
Union Pacific is already strained; he asked the council to reconsider not passing this ordinance.
Further discussion ensued about whether or not it is a nuisance and who has jurisdiction of the
right of way.
Mayor Pro Tern Underwood moved to approve Ordinance No. 06 -11, second reading, an
Ordinance Amending Title 8 of the Municipal Code of the Town of Avon Relating To Public
Nuisances. Councilor Sipes seconded the motion and it passed unanimously by those
members present.
Scott Wright, Finance Director, presented Ordinance 06 -12, First Reading, An Ordinance
Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on
Past Due Accounts owing to the Town of Avon. He noted that this would allow the town to
include a finance charge for all past due and unpaid accounts for services, fees or charges of
any kind owed to the town. It was suggested to language related to the timing of accruing the
charges. Councilor Sipes moved to approved on first reading Ordinance No. 06 -12, Amending
Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due
Accounts owing to the Town of Avon with the change to the language to state that interest
would be imposed 30 days after the date of the invoice. Mayor Pro Tern Underwood seconded
the motion and it passed unanimously by those members present (Ferraro absent). Public
Hearing was scheduled for June 27, 2006.
RESOLUTIONS
Town Attorney John Dunn presented Resolution 06 -30, Series of 2006, A Resolution Approving
an Agreement between the Town of Avon and the Stone Creek Elementary Charter School for
Temporary Use of Town -Owned Property located at Lot 5, Village at Avon Subdivision. Dunn
reviewed the agreement at this time, noting some of the following specifics:
• A lease with Stone Creek Elementary Charter school to use Lot 5 for a temporary school
facility (currently the Town's public works site)
• Lease was modeled after the lease between Eagle County & Town of Vail for Red
Sandstone Elementary School
• One year lease with Stone Creek & commensurate with that for the license agreement with
Traer Creek
• Resolution approving the lease is contingent upon approval of agreement between Town &
Traer Creek for an alternative public works site
Mayor Wolfe allowed for citizen input at this time at the following people spoke:
✓ Melinda Glatitsch, Eagle County School District, addressed diversity requirements of
Charters
✓ John Brendza, Superintendent of Eagle County School District, addressed the quality of the
schools
✓ Brian Nolan, Eagle County Charter School President, presented information related to
Hispanics and their school's inability to recruit diversity
Regular Council Meeting Page 2 of 4
June 13, 2006
✓ Melissa Rewold Thuon, Avon Elementary school Principal, expressed concern over the
charter school opening in Avon and the impacts on AES
✓ Marcy Donovan, Avon resident, supported AES
✓ Ann Him, Avon resident, noted that AES does not support the town's leasing of the land to
the new charter school
✓ Karen Strakbein, Eagle County School District, shared that the school district leases land
through a public process
✓ Jim Pike, Stone Creek Charter School Board member, supported the proposal for the lease
✓ Bill Hammer, Pres Stone Creek Charter School, addressed numerous topics
Comments from council were made at time with some of the following points made:
✓ Is it a school of choice issue
✓ the question is a land use decision and should not change the land use of the land unless a
huge public benefit to the citizens of avon
✓ it should be only a temporary use of the site
✓ when will it be know if there is a public benefit
✓ don't renew school lease unless it achieves some diversity goals, the lease should only be a
maximum of one year
• the lease amount is not at a fair market value
• adjust restoration fee amount; make sure it is close to the cost of removing the building
• Discussion ensued over details of the license agreement and fair market value and Council
agreed to a $21,200 lease amount.
Council members made final comments, Councilor Ferraro's written comments were reviewed
and a motion was made. Councilor Sipes moved to approve Resolution 06 -30, Series of 2006,
A Resolution Approving an Agreement between the Town of Avon and the Stone Creek
Elementary Charter School (for Temporary Use of Town -Owned Property located at Lot 5,
Village at Avon Subdivision) with the changes noted, change to the term of lease to indicate that
it is not subject to renewal, rent is $21,200 which reflects $19,200 fair market value plus $2000
site work; with $5000 due upon signing of lease and the remainder amount due October 06.
Mayor Wolfe seconded the motion and it passed with a three to two vote (Phillips, Sipes,
McDevitt - yea; Buckley, Underwood — nay; Ferraro absent).
John Dunn, Town Attorney, presented Resolution 06 -29, Series of 2006, A Resolution
Approving a License Agreement between the Town of Avon and the Traer Creek RP, LLC. This
resolution would allow for a Temporary Alternate Public Works Site. He reviewed the revised
agreement that was distributed at the meeting noting that numerous revisions have taken place
in the agreement that proposes to enter into a license agreement to provide the Town with an
alternative public works site during the term of the school lease. Details were reviewed at this
time. Inga Causey, legal counsel for Traer Creek RP, LLC, reviewed the document and agreed
to numerous suggestions made by Council, including access to the property. Further revisions
were discussed as recommended by Mayor Pro Tern Underwood, including a change in the
document from a license agreement to a lease agreement, and numerous other suggested
revisions.
Councilor Phillips moved to table Resolution No. 06 -29, Resolution approving a License
Agreement between the Town of Avon and the Traer Creek RP, LLC until the suggested
changes are incorporated into the document. Councilor Sipes seconded the motion and it
passed unanimously.
Norman Wood, Town Engineer asked that Resolution 06 -28, Series of 2006, A Resolution
Approving a Ditch Maintenance Agreement with Traer Creek be tabled at this time. He noted
that language in the agreement would be revised; the Town's water attorney, Gary Greer, was
Regular Council Meeting Page 3 of 4
June 13, 2006
ou[neDUy reviewing k. Underwood asked what St@LUfeS exist that addresses sharing Of ditches.
Councilor Buckley DlOVed tO table this neS0|LtiOD; Councilor Sipes seconded the motion and it
passed unanimously by those present (Ferraro absent).
John Dunn, Town Attorney, presented Resolution 08-27. Series of 2006' A Resolution
Approving an Order of the Town Manager Pursuant to Section 9.04.130, Avon Municipal Code,
Prohibiting UOQS on TUVvD Property Where Signs have been posted t0 that Effect. 0SCUSSiOn
ensued on the eDfOrC8Ol8O{ aspect of the nSSO|udon. Councilor Buckley noted that she did not
support the legislation because there are 8/[88dy rules on the books to enforce that would
address the problem. K88yOr Pro Tern Underwood moved to approve Resolution No 06-27�
Councilor McDevitt seconded and the motion passed with 8 four to one vote (Buckley nay;
Ferraro absent).
STAFF UPDATES
Norman Wood, Town Engineer, presented the following updates:
�- Revised 1-70 Interchange Signs and Avon Next Two Exits Signs Installation Update. He
noted that new signs vv0u|d be installed UO 1-70 to nsp|ama the existing VViUi8nn Post Blvd.
signs and new Town Logo signs would be installed once the designs are finalized.
>- R|C[} Application Update — he noted that the hearing with CVVCB vvOu|d be {JCtObe[ Or
November, engineering reports should be CODlp|8ted the end of June. The current
outstanding iSSU8S SeS0S to be the acquisition of easements from Vail Resorts required for
construction and access t0 the facilities.
l~
Eagle River Recreation Enhancement Project Update —h8 noted that F<iverF<8StOnation.C)rg
has submitted project p|8nsgndiS@GkiDgforinputfr0nntheTOxvn8tthiSUFOe.
CONSENT AGENDA
Mayor Wolfe asked for motion OO the Consent Ao8Dd@ below. Councilor Buckley moved to
adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously.
a) Housing Needs Assessment Proposal submitted by RRC Associates for completing 8
housing needs assessment and housing program analysis
b) East Town Center Charrette Proposal from Design Workshop for a design charrette with
the goal Of creating 8 supported Concept Master Plan for East Avon
C) 8vvift Gulch Road Bike Path Change [)ndor No. 1 for Utility Relocations during
Construction
There being n0 further business tO come before the Council, the regular meeting adjourned 81
10:30 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
KhstiFerran}
Mac McDevitt
Amy Phillips
Brian Sipes
TomnaUndenwoOd
Ron Wolfe
Regular Council Meeting
June 13, 2006
Page 4m4
OF
To:
Thru:
From:
Date:
Re:
Honorable Mayor & Town Council
Larry Brooks, Town Manager
Meryl D. Jacobs, Director of Recreation 1-�5A
June 21, 2006
Agreement between the Town of Avon and Premier Event Management
(PEM) for the production of the 2006 Avon to Vail Triathlon.
Summary: Attached for signature is the agreement between the Town ofAvon and PEM
for the production of the Avon to Vail Triathlon which will take place on
Saturday August 26, 2006. The total event management fee is $24,000.
The Town of Avon will pay PEM $16,000 and the Vail Commission on
Special Events will pay the remaining $8,000. The Town of Avon will
retain ownership of the event and will receive all entry fee revenues and
sponsorship dollars. This agreement has had legal review. The triathlon
website (www.avontovailtriathlon.com) will go live on Friday, June 23ra
Town Manager Comments:
0
AGREEMENT
This agreement is effective as of this day of 2006,
between the Town of Avon, Colorado and PEM, LLC a corporation under the limited
liability laws of the State of Louisiana.
Whereas, Premier Event Management (PEM) organizes and conducts the 2006Avon
to Vail Triathlon (tlye Event) and its related events.
Now, therefore, in consideration of the premises and mutual benefits to be derived from
this agreement, the parties hereby agree as follows:
1.) PRODUCTION: PEM agrees to provide the following items to produce the
Event and other related events.
(A) PEM agrees that no competitor to race sponsors will be permitted to
sponsor or be affiliated with any of the related race events.
(B) PEM will supervise and facilitate the production of the Event and other related
events. This includes but is not limited to the following items:
(i) Supply and operate ChampionChip Timing for all events.
(ii) Supervise and manage all aspects of the registration process
to include set-up of any on-line registration, fee collection
and processing.
(iii) Supervise all aspects of event set up/break and break down
(iv) Supervise the order and delivery of materials to each race
venue
(v) Supervise and train local Coordinators for key event
positions. PEM will provide course marshals for the swim,
run, bike and transition areas of the Event.
(vi) Supervise, coordinate and pay all local volunteers associated
with the event. PEM will prepare literature/discussion point
outlining volunteer responsibilities at all areas of Event.
(vii) Assist with the selection of the event host hotel and fitness
expo site if applicable.
(viii) Manage all vendor sales for the Avon to Vail Expo if
applicable.
(ix) PEM will handle the sanction process through USA Triathlon
including on-line application. This will be done no later than
June 25.
(x) PEM will follow all current rules, regulations and protocol
both Triathlon Governing Bodies. (USAT)
0
(xi) PEM will assist and/or maintain the official race web site
design and maintenance.
(xii) PEM will develop and manage a safety and communication
plan.
(xiii) PEM will use all its owned equipment to assist with the
overall production of the Event and other related events.
(xiv) Assign volunteer/marshal positions for Event. Provide
transportation for volunteers to be dropped off and picked
up at said positions.
(xv) Provide "sag" vehicle for bike/run course.
(xvi) Provide sound system for awards ceremony and
announcements.
(xvii) Act as the Race Director and handle any athlete disputes
over timing, etc.
(C) PEM will undertake all activities necessary to insure the fullest possible
benefit to the communities of Avon and Vail, Colorado for there
sponsorship and promotional rights.
(D) PEM will prominently display the logo and/or trademarks of any of the
Event sponsors in all promotional and advertising materials prepared by
PEM to promote the above mentioned fitness events.
(F) PEM will display start and finish line banners depicting the logos of both
the Town of Avon in any promotional materials located at the start, along
the course, finish line, at the award ceremony, and at the post race
parties. (Any and all signage will be an additional cost).
(G) PEM agrees that it is an independent contractor and has no authority or
right to make obligations of any kind in the name of or for the Town of
Avon.
(H) PEM will provide comprehensive post-Event report within three (3) weeks
following the Event. Such document shall include, but not be limited to, a
discussion of any logistical challenges faced during the Event and
recommendations for procedural improvements.
PEM LLC agrees to defend, indemnify, and hold the Town of Avon it's officials, officers
and employees harmless from and against all claims, suits, liabilities, cost, and
expenses, including reasonable attorney's fees, for injury to, including death of, persons
(whether they be third persons or employees of any of the parties hereto), or any loss
or damage to property or otherwise in any manner arising from advertising and
promotional rights conveyed herein, except for such loss or damage caused by the sole
0
negligence of . PEM LLC agrees to provide to the indemnifying party prompt notice of
any claim or suit coming within the purview of the indemnities contained in this
paragraph, and to furnish all relevant facts in it's possession or control, and cooperate
fully with the other party hereto in it's defense of any such action.
PEM LLC agrees to carry at least $2,000,000 of participant liability and property damage
insurance to adequately protect the respective interest of the parties hereto, said
insurance to include a contractual liability endorsement to cover PEM LLC obligations
under the indemnity provisions of this Agreement. The Town of Avon will be furnished
with a certificate evidencing such coverage, no later than July 15, 2006, which
certificate will further contain a provision that said policy or policies will not be canceled
or modified without ten (10) days notice in writing.
2. TOWN OF AVON OBLIGATIONS: For the rights granted PEM LLC hereunder, the
Town of Avon hereby agrees.
(A) The Town of Avon will provide PEM LLC with a management fee in the
amount of $24,000.00 for calendar year 2006 ($16,000 from the Town of
Avon and $8,000 from the Commission of Special Events). Terms are 50%
upon execution of contract with remaining 50% after completion of Event.
(B) The Town of Avon will use its best efforts to arrange complimentary hotel
room space for members of the PEM staff coming in to work on the
event.
3. TRADEMARK OWNERSHIP AND RIGHT OF REVIEW: PEM LLC warrants that it
will use the Avon to Vail Triathlon name, trademark or logo only in the manner
and format provided by the Town of Avon and will not use the name/trademark
or logo in connection with other activities contracted under this agreement.
Premier will grant the Town of Avon the right to review and shall provide all
materials, which use the Avon to Vail Triathlon name, trademarks or logos.
4. FORCE MAJEURE: Any delay or failure of either party to perform its obligations
hereunder shall be excused to the extent that it is caused by event or occurrence
beyond its reasonable control such as, by way of example and not by way of
limitation, acts of God, actions by governmental authority (whether valid or
invalid), fires, floods, windstorms, heavy rains, explosions, riots, natural
disasters, wars, sabotage or labor problems; provided the party claiming force
majeure shall use its best, commercially reasonable efforts to minimize the
extent, duration, and effect of the force majeure event on the other party in
each instance. In the event that the anticipated duration of the event of force
majeure affecting one party continues beyond thirty (30) days, or such shorter
time period as may be reasonable under the circumstances, then the other party
may terminate this Agreement, and shall be entitled to a pro-rated refund for
services not yet performed.
N
5. ASSIGNMENT AND WARRANTIES: The parties agree that the duties and
responsibilities hereunder may not be assigned without prior express written
permission of the other party. Both parties warrant that they will perform their
respective obligations under this agreement in compliance with all applicable
laws, orders or regulations of all appropriate jurisdictions.
6. BREACH, DEFAULT AND TERMINATION: If PEM, LLC shall at any time breach or
be in default of the terms, obligations and provisions of this Agreement, the
Town of Avon may terminate this Agreement immediately upon written notice to
PEM, LLC. In the event of a breach of the Agreement, PEM LLC will refund any
funds associated with the production of an event not completed as of the
effective date of termination.
7. GOVERNING LAW CLAUSE: This Agreement is subject to and shall be construed
in accordance with the laws of Colorado. If any term of this Agreement is invalid
or unenforceable under any statute, regulation, ordinance, executive order or
other rule or law, such term shall be deemed reformed or deleted but only to the
extent necessary to comply with such statute, regulation, ordinance, order or
rule, and the remaining provisions of this Agreement shall remain in full force
and effect.
8. ARBITRATION CLAUSE: The parties agree that any dispute between them arising
out of, based upon or relating to this Agreement shall be resolved exclusively by
arbitration conducted in accordance with commercial Rules of the American
Arbitration Association then in effect. Such arbitration shall be held in Louisiana.
Judgment upon the award shall be final and nonappealable and may be entered
in any court having jurisdiction. Each party shall bear its own expense arising
out of such proceeding. Notwithstanding the obligations set forth in the
paragraph, each party shall be permitted to seek equitable relief from court
having jurisdiction to prevent the unauthorized use or misuse of their respective
trademarks.
9. MISCELLANEOUS PROVISIONS CLAUSE: Nothing in this Agreement shall create a
partnership, joint venture or establish the relationship of principal and agent or
any other relationship of a similar nature between the parties. The parties to this
Agreement shall be considered independent contractors and neither party is
granted the right or authority to assume or create any obligation on behalf of or
in the name of the other.
10. MORALS CLAUSE: PEM LLC will refrain from engaging in any actions or activities,
which may reflect unfavorably on the Town of Avon.
11. TERM: This agreement shall commerce when fully executed and shall remain in
full force and effect until the completion of the 2006 Avon to Vail Triathlon,
0
currently scheduled to be the 26th of August 2006.
12. ENTIRE AGREEMENT: This agreement sets forth the final and complete
understanding of the parties. It is understood and agreed that there are no
other representations with respect to this agreement and this agreement
supersedes all prior discussions, agreements and understandings relating to this
subject matter hereof. It is further agreed that the rights, interest,
understandings, agreements, and obligations of the respective parties may not
be amended, modified or supplemented in any respect except by a subsequent
written instrument evidencing the express written consent to the parties duly
executed.
13. RESCHEDULE PROVISION: PEM, LLC retains the right to reschedule the race date
without prejudice to it's rights and obligations under the terms of this agreement,
provided however, that any such rescheduling shall be done by PEM at the earliest
possible date, and in any event, not less than 180 days prior to the respective race
date. PEM will provide prompt notice of any and all scheduling changes.
Any party may not assign this agreement without the prior written consent of the
others.
Any notices sent hereunder shall be sent to the addresses below, or any other address
communicated to the parties pursuant to this sentence. Notice shall be effective upon
receipt.
The Town of Avon Premier Event Management LLC
P.O. Box 975 3829 Veterans Blvd. Suite 102
Avon, CO 81620 Metairie, LA 70002
In witness whereof, the understanding parties have duly executed this agreement in a
manner appropriate to each on the date written above.
THE TOWN OF AVON
LLC
In
Date
M
Date
PREMIER EVENT MANAGEMENT
0
r
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engine
Jeffrey Schneider, Engineer II
Date: June 7, 2006
R: 2006 Street Improvements
Elam Construction, Inc. — Change Order 001
Summary: The 2006 Street Improvements project generally consists of two
sections: Section 1 is a mill and overlay of Avon Road from Roundabout 1 to Roundabout 3,
and Section 2 is an overlay of Wildridge Road from Wildwood Road to Beartrap Road, with
the portion from Old Trail Road to Beartrap Road widened to include a pedestrian lane.
Change Order 001 is proposed to address repairing and additional guardrail adjustments
identified during construction operations on Wildridge Road.
Discussion:
The original bid schedule for the 2006 Street Improvement project included adjustment of
1,350 Linear Feet (LF) of guardrail along Wildridge Road that needed to be raised to meet the
CDOT minimum height requirement of 27" above the pavement surface. Guardrail
adjustment is typical of overlay projects since the new pavement surface is raised, guardrails
may need similar adjustment. During paving operations, a thorough inspection was
conducted and it was determined that the actual quantities for adjustment far exceed the bid
quantities. In addition, several sections of guardrail that has received obvious impact damage
were discovered. Since a guardrail contractor is mobilizing to the site for the adjustment
work, staff feels that adding some replacement work to improve the safety and appearance of
the guardrail is needed. Plus, since the guardrail subcontractor will be onsite, a second
mobilization charge and subsequent schedule delay can be avoided. Change Order 001 is
attached as Exhibit A.
Change Order 001 includes the following items:
• Replacement of 575 LF of damaged guardrail, with a unit price of $15.65/LF,
totaling $8,988.75;
C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Fi1es \0LK23 \E1am C.O. I Memo.Doc I
• Adjustment of an additional 1725 LF of guardrail not included in the bid
quantities, with a unit price of $4.65/LF, totaling $8,021.25;
• Deletion of Bid Item 2.2, Remove and replace Guardrail, 92 LF at $55.00 /LF,
totaling a deduction of $5060.00.
The total value of Change Order 001 with Elam Construction, Inc. is an increase of $11,960.
The deletion of Bid Item 2.2 is a result of believing that a 92 LF segment of guardrail needed
be removed due to the widened pavement surface and replaced. Field conditions indicate that
this segment of guardrail only requires height adjustment; the lateral location of the guardrail
does not require adjustment
Financial implications:
The current budget for the 2006 Street Improvement Project is summarized below:
Design $ 25,000
Construction $ 497,500
Contract Administration (Testing, etc.) $ 10,000
Administration $ 5,500
Contingencies $ 27,000
Total Proposed Budget
$ 565,000
The revised project budget per adoption of Change Order 001 is summarized below:
Design $ 25,000
Construction $ 509,460
Contract Administration $ 10,000
Administration $ 5,500
Contingencies $ 15,040)
Total Devised Project Budget
$ 565,000
Maintenance funds from Public Works may be utilized to offset a portion of the additional
guardrail costs.
Recommendations:
Staff recommends approval of Change Order 001 to the contract with Elam Construction in
the amount of $11,960 for additional guardrail adjustment and repair of damaged guardrail on
Wildridge Road as part of the 2006 Street Improvements project.
C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Fi1es \0LK23 \E1am C.O. 1 Memo.Doc 2
PT
«-
I move to approve Change Order 001 to the contract with Elam Construction in the amount of
$11,960 for additional guardrail adjustment and repair of damaged guardrail on Wildridge
Road as part of the 2006 Street Improvements project.
Attachments:
Exhibit A — Change Order 001
Town Manager Comments -
C:ADocuments And SettingsAwood \Local Settings \Temporary Internet Files \OLK230am C.O. I Memo.Doc
CHANGE ORDER
Order No.: 001
Date: June 27, 2006
Agreement Date: March 30, 2006
NAME OF PROJECT: 2006 Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Add bid item 2.5, replace guardrail, 575 LF at $15.65/LF, total cost $8988.75; adjust bid item
2.3, Raise existing guardrail to proper height, add 1725 LF at $4.65/LF, total cost $8021.25;
remove bid item 2.2, Remove and replace guardrail, 92LF at $55/LF, total deduction
($5,060.00).
Justification:
Field conditions differ from plan quantities, and additional guardrail replacement is for damaged
sections of guardrail not included in the original scope of work.
Change to CONTRACT PRICE: $11,960
Original CONTRACT PRICE: $497,400.65
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $11,960
The new CONTRACT PRICE including this CHANGE ORDER will be $509,360.65
Change to CONTRACT TIME: N/A
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
3M
Town of Avon
PO Box 975
Avon, CO 81620
V f-10845
E WHITE RIVER ELECTRIC, INC.
N PO BOX 1118
D
0 AVON CO 81620
R L
PURCHASE ORDER NO. 06000841
H 325 BENCHMARK ROAD
I PO BOX 975
P
AVON, CO 81620
T
0 L
ATTN:
ORDER DAT166/22/06 I BUYER MARK SIFERS REQ. N006000880 REQ. DATb6/23/06
TERMS:NET 30 DAYS IF.O.B.: DESC.:
ITEq# QUANTITY I UOM I DESCRIPTION I UNIT PRICE I EXTENSION
ITEM# ACCOUNT I AMOUNT I PROJECT
011520 63507 1 80.00
APPROVED BY
PAGE TOTAL $ 80.00
TOTAL S 80.00
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JUNE 27, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
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: JACQUIEHALBURNT
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 PM
1:00PM-2:151PM 1. VILLAGE AT AVON SITE TOUR (PLEASE MEET AT THE AVON MUNICIPAL BUILDING -BUS
LEAVES PROMPTLY AT 1 PM)
2:30 PM— 2:45 PM 2. APPROVAL OF WORK SESSION AGENDA& COUNCIL ASSIGNMENT UPDATES
a. Avon Elementary School Student Letters on supporting smoking ban
(Mayor Pro Tem Underwood)
b. Town-wide wireless high-speed internet access (Mayor Wolfe)
C. West Avon Parcel Update (Mayor Wolfe)
2:45 PM — 4:45 PM 3. DESIGN WORKSHOP PRESENTATIONS (Steven Spears, Rebecca Leonard, Tam bi
Katieb, Community Development Director) Avon Town Center West Redevelopment
Plan Follow-up from May meeting at which time a summary of the findings and
recommendations for the West Town Center Master Plan were reviewed
4:45 PM — 5:15 PM 4. 2007 ANNUAL BUDGET REVIEW (Scott Wright, Finance Director) Identify and
discuss issues and priorities for the Town in developing the 2007 budgets
5:15 IPM — 5:20 IPM 5. STAFF UPDATES
a. Eagle River Recreation Enhancement Project — Verbal Update (Norm
Wood, Town Engineer)
b. Summary Bus Ridership Numbers (Bob Reed, Transit Manager) Memo only
c. Financial Matters (Scott Wright, Finance Director) Memo only
5:20 IPM 6. ADJOURNMENT
Avon Council Meeting. 06.06.27
Page 1 of 4
main street public improvements
June 20, 2006
To: The Honorable Mayor and Councilors
Through: Larry Brooks, Town Manager `
From: Tambi Katieb, AICP, Community Development Direct
The Design Workshop team has concluded the Town Center West urban design scope in concert
with the Town Center West Financial Analysis.
Presentation of this work and process to date was not completed at the last presentation on May 23,
2006. Additionally, the Council had several questions regarding both urban form and financial
analysis that could not be immediately answered at that work session.
The purpose of our work session today is two -fold. The first is to complete the presentation on way
finding and branding. The second is to follow up several questions of Council related to urban form
and design as well as the retail and financial analysis inputs.
Staff has requested that the design team begin this review with a `refresher' discussion of project
goals and objectives. In answering your specific questions on both urban form and financial
analysis, staff has re- reviewed all input data on existing and proposed retail space and prepared
several maps to assist and clarify our discussion.
Additionally, we will present what we consider the most important step in this planning effort-
implementation and investment. Over the past several weeks, we have coordinated an investment
plan approach with Design Workshop and Stan Bernstein Associates that will not only create a
public investment and financing plan and model, but also create the design guidelines necessary to
achieve the desired urban framework on infill properties as well as a marketing plan for the district.
Our review and discussion will be as follows:
Project Introduction (5 minutes)
- Project Goals and Plan Guidance (15 minutes)
- Branding and Way finding (30 minutes)
- Implementation Plan Overview (15 minutes)
- Response to Questions on Financial Analysis (30 minutes)
- Response to Questions on Form and Design (30 minutes)
Should you have any questions, please don't hesitate to call me directly at 970.748.4002.
TOWN
CENTER
WEST
9
main street public improvements
June 20, 2006
To: The Honorable Mayor and Councilors
Through: Larry Brooks, Town Manager `
From: Tambi Katieb, AICP, Community Development Direct
The Design Workshop team has concluded the Town Center West urban design scope in concert
with the Town Center West Financial Analysis.
Presentation of this work and process to date was not completed at the last presentation on May 23,
2006. Additionally, the Council had several questions regarding both urban form and financial
analysis that could not be immediately answered at that work session.
The purpose of our work session today is two -fold. The first is to complete the presentation on way
finding and branding. The second is to follow up several questions of Council related to urban form
and design as well as the retail and financial analysis inputs.
Staff has requested that the design team begin this review with a `refresher' discussion of project
goals and objectives. In answering your specific questions on both urban form and financial
analysis, staff has re- reviewed all input data on existing and proposed retail space and prepared
several maps to assist and clarify our discussion.
Additionally, we will present what we consider the most important step in this planning effort-
implementation and investment. Over the past several weeks, we have coordinated an investment
plan approach with Design Workshop and Stan Bernstein Associates that will not only create a
public investment and financing plan and model, but also create the design guidelines necessary to
achieve the desired urban framework on infill properties as well as a marketing plan for the district.
Our review and discussion will be as follows:
Project Introduction (5 minutes)
- Project Goals and Plan Guidance (15 minutes)
- Branding and Way finding (30 minutes)
- Implementation Plan Overview (15 minutes)
- Response to Questions on Financial Analysis (30 minutes)
- Response to Questions on Form and Design (30 minutes)
Should you have any questions, please don't hesitate to call me directly at 970.748.4002.
June 21, 2006
Mr. Tambi Katieb, AICP
400 Benchmark Road
Box 975
Avon, CO 81620
Re: Town of Avon West Town Center (investment Plan
Dear Tambi:
Thank you for allowing Design Workshop, Inc. the opportunity to submit a proposal for the Town of
Avon Town Center West Investment Plan.
The Town of Avon is in the process of planning a redevelopment of Town Center West that is intended
to transform the area into a vibrant, pedestrian - oriented, mixed -use civic center. The pedestrian- oriented
Main Street and transit center design has been advanced, infill parcels identified, a conceptual cost
estimate has been prepared, and a viable retail focus and desired use mix has been established.
The intent of this phase of the project, the Avon Town Center West Investment Plan, will be the guiding
document and investment strategy for the cooperative efforts necessary to achieve the economic stability
and community improvement desired for the project. The Plan will accelerate the pace of the
redevelopment by making this large, complex, and multi- phased project as understandable and feasible
as possible now, versus waiting for the other developments to come on line or waiting to build on each
incremental change one by one in the Town Center West area.
The attached proposal details the scope of work for the investment plan. Tasks include a phasing and
funding strategy, physical and design framework, exploration of potential incentives such as alternative
development review processes, analysis of potential implementation entities, a marketing strategy, the
production of a summary investment plan report and presentations to stakeholders, Planning and Zoning
Commission, and Town Council.
The fee of $133,500 includes all items listed in the scope. A marketing oriented website and two written
marketing pieces for a total of $32,000 are included in this fee. Although costly, these items will help
the town communicate the vision and build enthusiasm in their constituents and potential redevelopment
partners.
Thank you again for the opportunity to submit this proposal. Should you have any questions please do
not hesitate to contact Rebecca Leonard or myself at 970- 925 -8354. We look forward to hearing from
you.
Sincerely,
Sincerely,
DESIGN WORKSHOP, INC
�m
Don Ensign, ASLA
Principal -In- Charge
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
PROJECT DESCRIPTION
Investment Plan for private sector and public sector development in the Town Center
West redevelopment project area in Avon, Colorado.
PURPOSE
The Town of Avon is in the process of planning a redevelopment of Town Center West
that is intended to transform the area into a vibrant, pedestrian - oriented, mixed -use civic
center. The pedestrian- oriented Main Street and transit center design has been advanced,
infill parcels identified, a conceptual cost estimate has been prepared, a viable retail focus
and desired use mix has been established, and a financial analsys conducted.
The Avon Town Center West Investment Plan will be the guiding document and
investment strategy for the cooperative efforts necessary to achieve the economic
stability and community improvement desired for the project. The Plan will accelerate
the pace of the redevelopment by making this large, complex, and multi - phased project as
understandable and feasible as possible, versus waiting for other developments to come
on line in the Town Center West area.
This plan will offer two components: the Town's investment Plan for the Town Center
West AND a study to inform the town and stakeholders of options of implementation
entities and funding sources. The plan will provide specific guidance for public
improvements and regulating tools for private improvements. This plan will also make
recommendations about an implementation entity and new funding source. The plan will
NOT make recommendations about steps beyond the point of choosing of an
implementation entity and funding source, as those two things will change the dynamics
of how the entire investment is made. At the point that an implementation entity /new
funding source is put in place, a fresh look at the investment plan will provide the next
level of recommendations and action items.
The Investment Plan will work in concert with the design to maximize the upfront value
of the redevelopment area by providing a clear idea of how Town Center West will look
and feel following redevelopment, by addressing the public and private benefits and costs
associated with the plan, and by outlining a management, financing and phasing plan for
getting there. All of these elements will serve to generate enthusiasm and buy -in for the
project at a much earlier stage than letting the market take its course.
The Investment Plan for Avon Town Center West seeks to provide insight to assist the
Town of Avon with answering the following key questions identified by the Town
Council:
DESIGNWORKSHOP
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
• Do the key stakeholders support the development of the Town Center
West? What are the tradeoffs for each stakeholder? What are the
incentives for following the plan?
• What is the strategic phasing schedule and funding strategy for public
improvements in the Town Center West?
• What are the roles of the public and private sectors in redevelopment?
Where are the opportunities for partnerships?
• What is the vehicle /entity that will coordinate ongoing management and
implementation of the project?
• How will this project be marketed, promoted, and branded?
SCOPE OF SERVICES
The scope of work tasks and associated deliverables to be performed by Design
Workshop in connection with this proposal is as follows:
Task 1: Project Management
Every phase will involve project management from primarily the project manager.
Design Workshop strives to ensure quality assurance and quality control through clear
communication and dialogue with their clients. Direct communication with the client
through memorandums, phone calls, and emails will be provided to the client throughout
the entirety of the project. A progress report will accompany all billing.
Task 2: Kick Off
The Design Workshop team will travel to Avon to meet with Town Council and key
stakeholders as part of a Project Kickoff Meeting. Everyone will be brought up to speed
on the project progress to date. The design will be presented and benefits /impacts to the
stakeholders discussed. Goals and objectives will be set with input from Town staff and
community development committee. Design Workshop will work with the Town staff to
organize the Kickoff Meeting.
Project deliverables:
• Goals and objectives to be included in final report
• Town Council check -in
Stakeholder meeting
Task 3: Phasing and Funding Strategy
A phasing and funding strategy will be prepared by first outlining a baseline phasing plan
which utilizes funds expected to result from existing tax sources only (i.e. RETA,
accommodation tax, retail sales tax, etc...) for the development of the Town Center West
improvements. This phasing plan will spread the Town's expenses (for capital
improvements) and revenues (resulting from redevelopment) out over a 10 -15 year
development period, based on the phasing proposed in the Town Center West Financial
Analysis. This baseline phasing plan will determine the magnitude and timing of any
DESIGNWORKSHOP
Proposal for Town Center West Investment Plan
Avon, CO
Jame 21, 2006
shortfall of public funds. Research on several (3 -4) alternative funding sources will also
be investigated and case studies discussed. Alternative funding sources to be investigated
could include an impact assessment on new space such as the one modeled in the Town
Center West Financial Analysis, voluntary taxes from a business improvement district,
captured property tax funds from a tax increment financing district such as an urban
renewal area, and outside federal or state funds such as affordable housing or Main Street
grants. A series of scenarios will be constructed illustrating how the funding alternatives
affect the baseline phasing plan and may help to make up for any shortfall in the public
funding stream. From these scenarios, a preferred alternative will be proposed. Ideally,
the preferred funding strategy will create a method by which the funds necessary to
construct the streetscape improvements are leveraged from the properties that benefit the
most from the redevelopment effort.
A specialist in the area of districts and bond financing will be utilized on the team to help
develop a preferred alternative for future funding sources. Stan Bernstein may act in this
capacity.
The Design Workshop team will conduct a Project Check In with Town staff and
Community Development Committee to discuss the Phasing and Funding Strategy
alternatives.
Project deliverables:
• Information to be included in final report would include a baseline
phasing plan, research on potential funding sources, three to four
phasing scenarios using the potential funding sources, and a series of
recommendations on the preferred alternative and next steps to achieve
the desired results.
• Staff /Community Development Committee check -in
Task 4: Physical and Design Framework
The physical design of the Town Center needs to be formalized in a series of design
guidelines and parcel plans.
Part of the design guidelines will cover the public signage program in the form of a
standards manual. The manual will assist the Town in selecting the appropriate sign type
and format for a specific future situation. It will consist of the basic components and
design of the sign system as well as specifications for typeface, materials, colors, and
lighting as required. The manual can also include a specific project site plan and sign
fabricator performance requirements. Design Workshop will prepare a 75% complete
document for Town Planning representatives review. Consolidated comments from the
review team will be provided before the final manual is issued. After the 75% complete
document is reviewed and consolidated comments are received, Design Workshop will
revise and submit a final document to the Town Planning representatives for printing and
distribution to other parties as needed.
DESIGNWORKSHOP
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
The Design Workshop team will conduct a Project Check In with Town staff and
Community Development Committee to discuss the Physical and Design Framework
alternatives including parcel plans, potential easements (or other ownership
arrangements), design guidelines, and signage manual.
Project deliverables:
• 1 (one) copy each per consultant: 8 -1/2" x 11" color criteria 75% draft
document for review and approval.
• 1 (one) copy per Town Planning representative: 8 -1/2" x 11" color
final manual.
• A final document in .PDF electronic formal.
• Information to be included in final report which will include a
conceptual parcel plan for public lands that will be subdivided and
sold; recommended easements for items such as views, public spaces,
and utilities; design guidelines for the public and private development;
a standards manual for the signage, wayfinding, and public
infrastructure; and recommended changes to existing PUD approvals.
• Staff /Community Development Committee check -ins (up to 2)
Task 5: Roles and Responsibilities
Agreement on the development vision by both the Town and stakeholders will foster a
spirit of cooperation and understanding that will allow for the necessary contributions of
leadership and resources from both the public and private sectors. Public - private
relationships will be described and the roles and responsibilities of each as well as the
shared obligations between the two will be outlined.
The Design Workshop team will conduct a Project Check In with Town staff and
Community Development Committee to discuss the alternatives pertaining to
roles /responsibilities and the agenda for the upcoming stakeholder meeting.
Project deliverable:
• Information to be included in final report
• Staff /Community Development Committee check -in
• Stakeholder meeting
Task 6: Development Approvals Process
Incentives such as an alternative development approval process will be explored to
determine if it will provide the needed incentive to attract the private development
planned for Town Center West. The Design Workshop team will conduct a Project
Check In with Town staff and Community Development Committee to discuss the
approvals process alternatives and potential alternatives to incept development in the
Town Center West.
DESIGNWORKSHOP 4
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
Project deliverables:
• Information to be included in final report including research on
alternative development approvals processes, three to four case
studies, and a series of recommendations.
• Staff /Community Development Committee check -in
• Stakeholder meeting
Task 7: Implementation Entity
Options for oversight of the Town Center West area, including the option of enhancing
the existing mall district or creating a new development authority, will be investigated
with respect to the need to devise an effective implementation and operating entity.
Research will be conducted into different models of implementation entities (Pearl Street
Mall Boulder, Snowmass Village, Lake Tahoe, etc.) Design guideline enforcement will
be a major governance responsibility and will help to ensure that the overall quality and
continuity of the streetscape project is maintained even as individual pieces are
constructed by different development entities at different times. Programming,
promotion, and operations (security, maintenance, and cleanup) are all important
elements to frame in the development vision to ensure that the project fulfills its potential
long beyond construction and initial occupancy. Regularly updating, revising and
amending the Implementation Plan will be necessary as conditions change. The
oversight organization will be responsible for these updates in addition to all the
aforementioned tasks. Therefore, a self- sustaining funding mechanism will need to be in
place to ensure the vision is carried forward through completion.
The Design Workshop team will conduct a Project Check In with Town staff and
Community Development Committee to discuss the potential implementation entity and
funding mechanisms. A stakeholder meeting will solicit buy -in from the key
stakeholders of the project. A review by Stan Bernstein will be valuable.
Project deliverables:
• Information to be included in final report including research on
potential implementation entity models, three to four case studies of
workable models, and a series of recommendations such as the
preferred alternative and immediate next steps.
• Staff /Community Development Committee check -in
• Stakeholder meeting
Task 8: Marketing Strategy
Both stakeholder and broader community buy -in are essential to the success of the
implementation plan. Without community support, funding will be scrutinized. Without
stakeholder buy -in, the private sector will be reluctant to fulfill their responsibilities.
Design Workshop will work with the Town's Public Information Officer to devise a plan
for reaching out to the community, building enthusiasm around the plan, and obtaining
support for its implementation.
DESIGNWORKSHOP 5
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
In addition, Design Workshop has developed a two -part process to develop the new name
and logo. The preferred direction from the schematic exploration of the new name and
logo is fully explored and three concepts are presented for review and discussion. Based
on the feedback from this presentation, one concept is taken through final design. This
may often take at least two more intermediate client presentations that will occur as a Net
Meeting. The final design is presented and finalized based on feedback from the
intermediate Net Meetings. Final Art is created along with a document that explains how
the logo is to be used and other appropriate secondary fonts.
Finally, three additional marketing collateral products will be developed. These include:
1. Project Vision Summary Booklet: The Vision Summary Booklet (8 -1/2" x
11" color, 15- 30 pages) articulates the shared vision for the project and
will serve as the first product for the client to communicate the project
vision and story with the public, stakeholders, and others. This summary
booklet can contain narrative text (by others), existing project illustrations,
renderings and /or perspective views and character images (stock
photography, if required, will be billed as a reimbursable). Included are
the design, development, and delivery of final booklet electronic files on
CD. Note: Digital printing, binding and delivery coordination are not
included in the fee range.
2. Marketing Flyer /Small Brochure: The Marketing Flyer is a distilled
handout version of the project summary booklet. This "quick view"
brochure will serve as a take -away for the public at future events or
project launch. It can include the project vision statement, distilled
narrative text (by others), select existing project illustrations, renderings,
and/or perspective views and character images (stock photography, if
required, will be billed as a reimbursable). Included are the design,
development, and delivery of final booklet electronic files on CD. Note:
Digital printing, binding and delivery coordination are not included in the
fee range.
3. Initial Marketing Website: Based on the look and fell of the summary
booklet and flyer design, Design Workshop will design, construct, and
launch an initial marketing website that can further inform the public,
stakeholders, and others. The initial site can include the project vision
statement, distilled narrative text (by others), select existing project
illustrations, renderings, and/or perspective views and character images
(stock photography, if required, will be billed as a reimbursable).
Included are the design, development, and launch of initial site. As the
project develops and additional requirements are determined, the website
can be developed with additional content and/or pages and billed as an
additional service.
Project deliverables:
DESIGNWORKSHOP 6
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
• Presentation boards with three alternatives of the preferred name and logo
concept.
• Digital Presentation packages, at most two (2) for Net Meeting
discussions.
• Finalize the logo artwork, send logo package for final sign -off from the
client group.
• Create final logo package, including CD of electronic artwork in a variety
of formats (color and black & white) for any immediate communication
needs you may have.
• Draft Project Vision Summary Booklet for review. One (1) printed hard
copy, plus PDF for client printing purposes.
• Final Project Vision Summary Booklet. One (1) printed hard copy, plus
PDF for client printing purposes.
• Draft Flyer /Brochure for review. One (1) printed hard copy, plus PDF for
client printing purposes.
• Final Flyer /Brochure. One (1) printed hard copy, plus PDF for client
printing purposes.
• Draft typical website pages for review online. If required, one (1) printed
hard copy, plus PDF for client printing purposes can be provided.
• Final website pages for review online. If required, one (1) printed hard
copy, plus PDF for client printing purposes can be provided.
• Information to be included in final report including a series of
recommendations on immediate next steps the Town can achieve while
forming the preferred implementation entity and funding source.
• Staff /Community Development Committee check -in
Task 9: Draft Investment Plan
The purpose of the implementation plan is to bring the physical design, market
investigation, financial analysis all together into a plan that can ultimately be
implemented. The reality of a public /private partnership will be expressed. Elements of
the Implementation Plan include:
1. Overall Development Vision
• Market Analysis
• Public Improvement Plans
■ Design Guidelines
■ Phasing and Funding Strategy
2. Development Vision for Each Project:
• Physical Plan
• Parcel Plan
• Ownership Arrangements
• Design Guidelines
• Changes from Existing PUD
DESIGNWORKSHOP 7
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
• Program
• Financial Plan
• Mitigation Requirements
• Phasing Forecast
3. Development Approvals Process
4. Marketing Strategy
5. Implementation Entity (Community Development Committee or Otherwise)
• Self- Sustaining
• Design Review
• Management, Operations and Events
• Updates, Revisions, and Amendments to the Master Plan
The market analysis, physical plan, program, financial plan, mitigation requirements, and
phasing forecast are all pre- existing work, but will need formatted to fit within the layout
of the Implementation Report. The format for this will be an 11 "X17" document that
town staff can use when conducting, evaluating, and negotiating development in the
Town Center West.
The Design Workshop team will conduct a Project Check In with the Community
Development Committee prior to submitting the plan to the Planning Commission for
their recommendation to the Town Council. Changes will be made and the Final
Implementation Plan will be republished for the Town Council.
Project deliverables:
• Draft Implementation Plan
• Staff /Community Development Committee check -in
• Planning Commission recommendation
Task 10: Final Investment Plan
The plan with the Planning Commission's recommendations will be forwarded to Town
Council for their review and adoption.
Project deliverables:
• Final Implementation Plan
• Adoption by Town Council
Note: Revisions to the document or any other materials made by the Client and/or Owner
after Design Workshop has submitted the final plan will be considered as additional
services.
CONDITIONS AND EXCLUSIONS
DESIGNWORKSHOP
Proposal for Town Center West Investment Plan
Avon, CO
Jame 21, 2006
Client shall provide the following information or services as required for performance of
its services. Design Workshop assumes no responsibility for the accuracy of such
information or services provided by Client, and shall not be liable for errors or omissions
therein. Should Design Workshop be required to provide services in obtaining or
coordinating compilation of this information, such services shall be billed as Additional
Services.
In order to begin work, we will require following information:
1. Text narrative for the marketing materials written by the Client or hired
copywriter services (Copywriting sub - consultant Fee Range: $3,000 - $4,500)
2. Purchase of appropriate stock photography if necessary
3. Additional Project Illustrations, Renderings or Modeling
PROJECT TEAM
Design Workshop typically organizes projects in a team format with key responsibilities
divided between the Principal -in- Charge and Project Manager. The key team members
for this project are listed below:
Principal -in- Charge — Don Ensign
Don will serve as Principal -in- Charge for the Town Center West Investment Plan project
and will have primary responsibility for the overall content and quality of the work
prepared by Design Workshop.
Project Manager — Rebecca Leonard
Rebecca will serve as the Project Manager for the Town Center West Investment Plan
project. Rebecca will be the primary Client contact. His responsibilities will include the
coordination of Design Workshop's in -house strategic services team as well as regular
communication and coordination with the client. Rebecca will also coordinate with any
subconsultants that are either part of the Design Workshop Team or those hired by the
town. Rebecca will participate in the staff work sessions and will be in attendance for all
meetings and public hearings.
SCHEDULE
Design Workshop is prepared to begin work immediately upon receipt of a retainer and a
signed copy of this proposal from an authorized owner's representative. An six- to eight -
month completion schedule is anticipated, but is highly dependent on meeting schedules
and the final adoption process.
DESIGNWORKSHOP 9
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
FEES AND EXPENSES
The fees for the scope of services described above are as follows:
I@
Task One: Project Management
Task Two: Kick Off
Task Three: Phasing and Funding Strategy
Task Four: Physical and Design Framework
Task Five: Roles and Responsibilities
Task Six: Development Approvals Process
Task Seven: Implementation Entity
Task Eight: Marketing Strategy
Task Nine: Draft Investment Plan
Task Ten: Final Investment Plan
Total Professional Fees
$ 7,500
$ 7,000
$ 8,000
$ 30,000
$ 6,500
$ 3,500
$ 11,500
$ 40,000 ($32,000 is marketing collateral)
$ 12,500
$ 7,000
$ 133,500
Reimbursable Expenses
Reimbursable Expenses are in addition to compensation for Basic Services.
Reimbursable expenses incurred by Design Workshop and consultants directly
related to the project such as, but not limited to, photography, telephone charges,
video conference charges, and printing expenses shall be billed at Design
Workshop's cost plus 15 (fifteen) percent. Reimbursable expenses for this project
are budgeted at 10 (ten) percent total professional fees, or $13,350, and will not
be exceeded without written permission of the Client.
Additional Services
Services in addition to those described above are to be compensated on a Time
and Materials basis per Design Workshop's current published rate schedule.
Additional services will include (but are not limited to) redesign of previously
approved work, major revisions to program and/or expansion of scope of work.
Whenever practical, changes, additions, or modifications to the scope of work
shall be authorized by written change request; however, the absence of such a
written change order shall not act as a bar to payment of fees due Design
Workshop, provided the change was in fact approved and ordered by the Client.
Additional meetings and presentations related to this scope of work will be
conducted on a time and materials basis upon receiving written authorization from
the Client.
PAYMENT TERMS
DESIGNWORKSHOP 10
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
1. This is an Additional Service to the existing Avon Town Center West and Main
Street Public Improvements contract (between Design Workshop and the Town of
Avon, Colorado) and will be billed monthly. This agreement is structured as a
time and materials contract not to exceed $133,500 without written authorization
from the Client.
2. Invoices will be mailed from Design Workshop's office by the 10th of each
month. Invoices are payable within 30 days of the date of billing. Invoicing shall
be specific to each major task and will describe the completed portion of the
work.
DESIGNWORKSHOP 11
Proposal for Town Center West Investment Plan
Avon, CO
June 21, 2006
ACCEPTANCE
1. This Agreement is entered into between Design Workshop, Inc. and the Town of
Avon, owner or reputed owner of the property to be benefited by Design
Workshop's services.
2. If this contract meets with your approval, please sign below and return one (1)
copy for our file.
3. If this agreement is not accepted within two (2) months from the date of receipt,
the offer to perform the described services may be withdrawn and Design
Workshop may renegotiate this proposal.
DESIGN WORKSHOP, INC.
By:
Title: Principal
APPROVED BY CLIENT:
Title:
Date: June 21 2006
Date:
DESIGNWORKSHOP 12
Ak
A�r,ft 1=1
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: June 22, 2006
Re: 2007 Budget Kickoff Meeting
Summa
On Tuesday, staff will kick-off discussions regarding the Town's 2007 budget. The purpose
of the discussion will be to highlight global issues that may need to be addressed during the
budget process.
Town Manager Comments
V CUE (,t
Page 1
rTA 1l!
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works and Transportation
Date: 6/21/06
Re: Bus ridership
Summary: Attached you will find information regarding ridership numbers for the new
bus routes, which began on May 28, 2006. The charts (pages one of each section) show
passengers by the Month/Day/Hour as well as by the stops for each route. The three graphs
individually depict ridership by the stop (pgs. 2), ridership by the hour (pgs3), and hourly
averages (pgs.4).
Previous Council Action: Council approved a budget amendment to add bus
service to the Buffalo Ridge Housing area and to the big box stores.
Discussion: Although it is a little too early to really have numbers to compare with
last year, initial ridership numbers look promising.
In three weeks we have had over 16,500 riders on Avon buses. Totals for the month of Jun 05
were 15,215.
The Town Shuttle (now referred to as the Blue Route) had 10,736 riders and the Hurd Lane
shuttle (or Red Route) 5,847.
The big stops are not too surprising. Wal Mart was definitely the busiest stop (3,159) followed
by the Aspens (2,650) and City Market (2,296). Avon Center was close with 2,122
passengers.
We will continue to update you regularly and hopefully will be able to recognize and point out
trends as we gather more information.
Town Manager Comments: �
a
cn
M `+
9
o c
m
s c
We
CD
X CL m
C Vi
Blue Route (Town) Ridership by the Stop
Summer Season 06
Stop
May 28 -31st
June 1 -19
Totals
Elk Lot
140
595
735
Rivers Edge
52
195
247
WestGate
302
1546
1848
Aspens
424
2226
2650
W. Beaver Crk Blvd
17
44
61
Rec Center
26
39
65
Library
16
121
137
Avon Center
77
327
404
Sheraton
55
127
182
Christy Sports
8
32
40
City Market
176
789
965
Chapel Square
23
149
172
Wal Mart
310
1447
1757
City Market
84
611
695
Avon Center
127
651
778
Totals 1837 8899 10736
Daily Avg: 459 Daily Avg: 468
ffil
Blue Route (Town) Ridership by the Hour
Summer Season 06
Time
May 28-31st
June 1-19
Totals
7:00
76
441
517
8:00
48
281
329
9:00
48
245
293
10:00
72
375
447
11:00
137
556
693
12:00
147
736
883
13:00
175
692
867
14:00
195
701
896
15:00
198
786
984
16:00
192
739
931
17:00
169
811
980
18:00
119
690
809
19:00
89
617
706
20:00
63
481
544
21:00
75
489
564
22:00
32
243
275
23:00
2
16
18
TOTALS
1837
8899
10736
Daily Avg = 459
Daily Avg = 468
Blue Route (Town) Ridership by the Hour
Summer Season 06
Time
June 1-11
7:00
23
8:00
15
9:00
13
10:00
20
11:00
29
12:00
39
13:00
36
14:00
37
15:00
41
16:00
39
17:00
43
18:00
36
19:00
32
20:00
25
21:00
26
22:00
13
23:00
1
TOTALS
468
M
0
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Red Route (Hurd) Ridership by the Stop
Summer Season 06
Stop
May 28 -31
June 1 -19
Totals
Buffalo Ridge
69
640
709
Wal Mart
247
1155
1402
City Market
44
302
346
Avon Center
107
546
653
Avon Crossing
7
72
79
EagleBend N
53
295
348
Stone Bridge
148
638
786
EagleBend W
32
192
224
Elk Lot
68
318
386
Avon Center
31
256
287
Sheraton
20
119
139
City Market
50
240
290
Christie Lodge
58
140
198
TOTALS
934
4913
5847
Daily Avg =234
Daily Avg = 259
Red Route (Hurd) Ridership by the Hour
Summer Season 06
Time
May 28-31
June 1-19
Totals
7:00
47
365
412
8:00
25
126
151
9:00
30
131
161
10:00
39
203
242
11:00
55
326
381
12:00
59
345
404
13:00
96
383
479
14:00
110
357
467
15:00
91
425
516
16:00
99
504
603
17:00
50
403
453
18:00
67
325
392
19:00
72
368
440
20:00
48
291
339
21:00
28
230
258
22:00
18
131
149
TOTALS 934 4913 5847
Daily Avg = 234 Daily Avg = 259
I
Red Route (Hurd) Ridership by the Hour
Summer Season 06 Hourly Average
Time
June 1-19
7:00
19
8:00
7
9:00
7
10:00
11
11:00
17
12:00
18
13:00
20
14:00
19
15:00
22
16:00
27
17:00
21
18:00
17
19:00
19
20:00
15
21:00
12
22:00
7
TOTALS 259
C�),
FINANCIAL MATTERS
June 27, 2006
1. YTD Building Revenue Report Actual vs Budget - May 2006
2. Detail - Real Estate Transfer Taxes - May 2006
3. Accomodations Tax Worksheet Actual vs Budget - April 2006
4. Sales Tax Worksheet Actual vs Budget - April 2006
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2006
Purchaser Name
Property
Amount Received
April -06
$ 683,670.86
Timeshare Transfer
Christie Lodge Timeshare
30.60
Resort Closings Inc
Christie Lodge Timeshare
6.30
1 st American Heritage
Falcon Point Timeshare
40.00
1 st American Heritage
Falcon Point Timeshare
40.00
1 st American Heritage
Falcon Point Timeshare
40.00
1 st American Heritage
Falcon Point Timeshare
46.00
1 st American Heritage
Falcon Point Timeshare
50.00
1 st American Heritage
Falcon Point Timeshare
130.00
1 st American Heritage
Falcon Point Timeshare
145.00
1 st American Heritage
Falcon Point Timeshare
150.00
1 st American Heritage
Falcon Point Timeshare
160.00
1 st American Heritage
Falcon Point Timeshare
160.00
1 st American Heritage
Falcon Point Timeshare
160.00
Holiday
Mtn. Vista #1502 Wk 20
20.00
Title Comp Rockies
Mtn. Vista 06 -19
2,839.30
Title Comp Rockies
Mtn. Vista 06 -16
3,594.30
Title Comp Rockies
Mtn. Vista 06 -18
3,949.50
Stewart Title Edwards
Mtn. Vista #2
5,500.00
Title Comp Rockies
Mtn. Vista 06 -17
5,854.00
Title Comp Rockies
Mtn. Vista 06 -15
7,463.50
Title Comp Rockies
Lakeside Terrace 06 -15
914.90
Patricia Kellogg
Sunridge @ Avon II J -204
2.00
Eli Desouza
Sunridge @ Avon II J -204
2,500.00
Jamien & Lindsay Hawkins
Sunridge @ Avon II M -303
2,920.00
Charles Grossman
Sunridge @ Avon II E -102
3,300.00
David Olson
Benchmark Condo A -16
1,300.00
Benzi, & Warren
Benchmark Condo A -23
4,000.00
Avon - Hudson LLC
Annex @ Avon
120,000.00
Avon - Hudson LLC
Christy Sports Lot 21 Blk 2 BMBC
100,000.00
East West Resort Development
Confluence
180,000.00
Mark Goodban
Beaver Bench Condo B -3
1,180.00
Chad & Jill Hake
Alpen Flora Condo #10
9,700.00
Thu Trang & Thi Nguyen
Avon Plaza Condo A -103 -B
5,600.00
A.T.S. Joint Venture
Avon Town Square G-4
3,740.00
Peter Fontanese
Grandview B
10,600.00
Aniceto Quinones
West Lake D -16
2,700.00
Nancy & Douglas Bachtel
Avon Lake Villas # 4
10,180.00
Jeffrey & Rebecca Thaxton
Avon Commercial Center 234
5,940.00
Michael & Wendy Ledwitz
Nightstar Condos F
11,504.24
Shayne P. Methvin
Stone Creek Condos 101
3,000.00
Town of Avon
Real Estate Transfer Tax
Calendar Year 2006
Purchaser Name Property
Thomas Berthiaume & Cherryl Kachenmeister Canyon Run B -201
Alfred & Mary Baker
Canyon Run D -101
Jane & Per Huffeldt
Lot 89 Mtn. Star
Amy Pease
Sunset Townhomes 2
Michael & Lisa Spring
The Enclave @ Wildwood C
John, Adam & Rojana Bartlett
The Enclave @ Wildwood F
Sandra & William Sargent
Lot 70 Blk 1 Wildridge
Beowulf Lot 6 LLC
Lot 6 Western Sage
Beowulf Lot 7 LLC
Lot 7 Western Sage
Albert D. Reynolds
Lot 6, 7, 8 Western Sage
Edward A. Quinn
Gosshawk Townhome * 5
Jan Piatka & Eva Deveckova
Lot 11 -C Vista Mayor
William Larson
Westgate 202
Total May Revenue
Total YTD Revenue
Total 2006 Budget
Variance, Favorable (Unfavorable)
Amount Received
16,200.00
14,000.00
18,000.00
6,100.00
13, 580.00
10, 500.00
9,800.00
340.00
680.00
20,400.00
8,000.00
9,040.00
6,200.00
642,299.64
1,325,970.50
2,500,000.00
$ (1,174,029.50)
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