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TC Council Packet 12-12-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESD", DECEMBER 12, 2006 AvON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT 5:30 PM RDER AND ROLL CALL 2. APPROVAL OFAGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4' CITIZEN AND COMMUNITY INPUT 5. STAFF UPDATES a. Transit Update (Bob Reed. Transit Manager) Review of current services and update on transit ridership for existing and new routes b� /\vOD Police Department Survey (Brian Kozak. Police Chief) Recap of the Avon Police Community Satisfaction Surveys in VVi|dridge C. Gone Range DUI Task Force Update (Brian Kozak, Police Chief) Review of the task force and its mission d. Final Short-term Disability Benefits Plan (Jacquie Ha|bunnt. Human Resources Director) / Memo only Information on final STD plan e. FiD8DCiG| Matters / Report only t Project Report / Report only G. RECREATION CENTER SPECIAL EVENTS UPDATES ([}AN|TACH|H|CH|LLO) @. Icing OD the Lake, December 16' 2007 — special event to launch the opening of the cabin and winter skating season b. Rocky K8OUDt@in Pond Hockey T-0urD8Dlent, January 19-21' 2007 - event benefiting local youth hockey programs C. VVhitew8ter Rodeo Series Event to be held May 15, 22, 29 and June 5. 2007 & discussion of Contract with Untraditional Marketing (Joe Blair, VPOperations) 7. APPEALS FROM AND RECOMMENDATIONS OF PLANNING & ZONING COMMISSION o. Ordinance No. 06-18. Series of 2006. An C)ndin8OC8 Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to permit Emergency Service Uses within Planning Area N, Filing 3, Village at /\vOD Subdivision, as more specifically described in the application dated September 0. 2008 (Eric Heidemann. Community Development Director) Review of Village at Avon application in connection with a recommendation of the Planning and Zoning Commission, to allow emergency service uses within Planning Area N b. Ordinance No. 00-17. S8hSS of 2006. An {}ndiO@DDe Approving with Conditions, 3 PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G. from Planning Area F<FK8-1, Filing 3. Village at /\V0D Subdivision to P|8OOiOg Area O. Filing 1, Village at Avon Subdivision as more specifically described in the Application dated September 6, 2000. (Eric Heidennann. Community Development Director) Review of Village at Avon application in connection with a recommendation of the Planning and Zoning Commission. moving Planning Area ''G^ (approximately 7.3 acres) to its new location within the presently planned "Planning Area ^D" Village at Avon PUD c. Resolution NO. 06-53, Series of 2006, Resolution Denying a PUD Amendment Application to Amend the Village at Avon PUD to Relocate Planning Area G. which is and will remain designated for GChDo| to be operated by the Eagle County 8oh00| District from Planning Area RFM-1, Filing 3. \/i||8ge at Avon Subdivision to Planning Area [}. Filing 1. Village at Avon Subdivision as more specifically described in the Application dated September 6, 2000 (Eric Heidemann. Community Development Director) Consideration of action denying the PUD Amendment moving Planning Area ''C5^ (approximately 73 acres) to its new location within the presently planned "Planning Area ''D^ Village a1 Avon PUD Avon Council Meeting. o6.1z.1z Page nnf4 TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 12, 20008 AvOmMUNxCxPAL BUILDING, 400BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA 8. ORDINANCES 9. RESOLUTIONS 3. ReSO|Uti0O N0. 00-54. Series of 2006, ReSV|ULi0D Levying General Property Taxes for the Year 2008. to help defray the costs Of Government for the Town of Avon, Colorado for the 2007 Budget Year (Scott Wright, Finance Director) Action levying property taxes for general operating and debt service funds for the Town b. Resolution N0. 00-55, Series of 2006, Resolution Levying General Property Taxes for the Year 2006, to help defray the costs of Government for the Avon Metropolitan District, Colorado for the 2007 Budget Year (Scott Wright, Finance Director) Action levying property taxes for the district's debt service fund C. Resolution NO. 00-50' Series of 2006, Resolution Authorizing the Use Of previously approved GOvB[nnlen[@| Lease-Purchase Master Agreement dated March 38. 2003 and Approving a Supplement Thereto and related [)OCUnleOtS and Certificates (Scott Wright, Finance Director) Action adopting a capital financing tool d. ReSO|UdoD N0. 06-57' 88heS of 2006, Final Duplex Subdivision Plat Approval, Lot 40, Block 4, VV|dridge' Town Of /\VOn. Eagle County, Colorado (Jeff Schneider, Engineer) 5070 VVi|dhdge Road East / final plat of newly developed duplex lot, creating two access easements to provide driveway access e. Resolution NV. 06-58. Series Of 2006' Canceling December 20, 2006 Regularly Scheduled Council Meeting (Patty McKenny, Town Clerk) Action cancelling next meeting due to holidays 1O' NEW BUSINESS 11. UNFINISHED BUSINESS 12. OTHER BUSINESS 13. TOWN MANAGER REPORT 14' TOWN ATTORNEY REPORT 15' MAYOR REPORT 1G. FUTURE AGENDA ITEMS: January 9, 2007: Joint Meeting with Stone Creek Elementary School Board, ECO Board Long Range Plan Update / January 23.2OUT Impact Fees 17. CONSENT AGENDA @. Minutes from November 28'2O06 b. fwOn Str8etSCape Lighting Conversion Change Order No. 1, Extend Sturgeon Electric Contract Completion Date from November 2.2OOOt0 December 22'20OO c . Matrix Design Group Conditions Survey Agreement (Scott Wright, Finance Director) Agreement that sets forth the terms & conditions under which o survey will be conducted and prepared for the urban renewal plan d. Mountain Games, LLC Agreement for Avon VVhiteVV8ter FlOde0 Series (Denita Chiriohi||o) Contract with Untraditional Marketing for event management 18. ADJOURNMENT Avon Council Meeting. ns.12./2 Page 4c** J� - 11 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works and Transportation Date: 12/7/06 Re: Transportation update Summary: A budget amendment was approved and new routes (referred to as red and blue) began running May 28,2006. Ridership numbers have shown a steady increase from that point. Total ridership numbers for all routes are expected to be over 1.4 million for 2006. To illustrate the details and to generate some discussion, I have prepared a powerpoint presentation for the Council meeting. Previous Council Action: Council asked for routine updates throughout the year so they could evaluate the progress as well as the validity of the routes. Background: Combining the two routes, it takes about 60 passengers an hour to make a route viable at a standard of $2 per passenger. We are currently meeting that goal approximately ten out of the fifteen operating hours in a day. Discussion: WalMart remains the busiest stop with almost 20% of the riders boarding at that stop. The City Market stop remains strong as well capturing almost 14% of the total passengers. Buffalo Ridge directly attributes their full capacity to the added stop on the Red route and would like to see it remain on our service. Financial Implications: Council approved the budget to run current service levels through the end of ski season. There are no financial implications at this time. Should Council decide to continue all routes after the ski season is over, the budget will need to be amended at that time. Recommendation: Continue current service levels through end of the ski season and evaluate the validity of the routes at that time. Alternatives: Alternatives will be presented and discussed prior to April 15, 2007. Proposed Motion: No motion is necessary at this time. Town Manager Comments: • Page 2 1 J4 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: December 7, 2006 Re: Avon Police Department Community Satisfaction Survey Recap (Wildridge), West Avon Community Meeting Update and Gore Range DUI Task Force Update Summary: Chief Kozak will review results of police satisfaction surveys that were collected from Wildridge and provide an update on the upcoming West Avon Community Meeting and DUI task force. He will also brief the Council on a proposed graphic change to the Avon Police vehicles. Previous Council Action: None Background: In an effort to reach out to the citizens the Avon Police Department has scheduled a series of community meetings. The first meeting was held in the Wildridge neighborhood on November 2, 2006. The Police Department then distributed the attached news letter to every residence in Wildridge to advise citizens of the issues discussed at the meeting. A survey was also distributed to every Wildridge residence and the responses were recorded into a Recap. Discussion: Chief Kozak will present the survey recap through PowerPoint and distribute a detailed report at the end of the presentation. The West Avon Community meeting is scheduled for Wednesday, December 13, 2006, at 6:00 PM at the Avon Elementary School. The Avon Police Department is coordinating the first every multi-agency DUI task force in Eagle County. The press conference for the task force will be on Friday, December 15, 2006 at 3:00 PM at the Avon Council Chambers. The news release is attached for a detailed agenda of the press conference. The Avon Police is considering a change to the graphics of its police vehicles and is seeking feedback from Council. A picture of the proposed change is attached and Chief Kozak will discuss the reasons for the proposed change. Financial Implications: None Recommendation: No action required Alternatives: None Proposed Motion: No action required Town Manager Comments: a Avon Police Community News: What's Wild in Wildridge Speed, Dogs and Bears Oh My! Avon Police Department's community meeting in Wildridge was a big success. We thank all of you that attended. It became very apparent that the commu- nity is most affected by speeders, dogs running at large and bears. The Avon Police Department is going to start spending more time patrolling and running radar in residential areas to encourage motorist to slow down and be aware of the pedestrian traffic. These neighborhoods will be patrolled at peak traffic times. As a result of this meeting a radar trailer has become a priority and the funding for this trailer will be pro- vided in the near future. Dogs, dogs and more dogs. The Avon Police Department would like to remind all residents that dogs must be on a leash anytime they are off their owner's privately owned property. This includes areas that are considered commonly owned for example, the yards on com- monly used property at town homes and condominiums. January 1, 2007 Eagle County Animal Control will begin to pa- trol in Avon. Even though the bears will soon be hi- bernating we would like to remind all residents that the wildlife protection ordinance is in effect year round. This ordinance also protects other animals as well. If you have any questions regard- ing the wildlife protection ordinance please visit our website at www. avonpolice.org and click on the Wildlife Protection Ordinance button. It is encouraged that all widridge resi- dents respect their neighborhood and work together as a community to help address and alleviate these areas of con- cern. The council may review the current leash law. Contact your council with your input. Wildridge Statistics Citation 2005 2006* Animal 7 8 Stop Sign 9 8 Imp. Refuse 0 10 Speeding 14 7 Calls for Service 2005 2006* Unknown 911 33 25 Animal Complaint 74 74 Bear Sightings 13 10 Burglary 1 1 Domestic 4 0 Harassment 4 10 Medical 6 5 Ordinance Violation 129 56 Patrol /Radar 161 200 Suspicious 20 24 Traffic Stops 65 33 Theft 8 5 Traffic Complaint 18 8 Vandalism 0 2 Calling all Volunteers: We Are Looking For You! Avon Police Department 400 Benchmark Rd PO Box 975 Avon, CO 81620 970 - 748 -4040 970 - 479 -2200 Dispatch 970 - 845 -7098 Fax www.avonpolice.org Volume 1, Issue 1 November 6, 2006 What's New on the Web • Directed Patrol Requests • Vacation Watch • Miscellaneous Services • Online Survey • Parking Permits • Private Property Accident Report www.avonpolice.org National Night Out is de- signed to: http://nationalnightout.org • Heighten crime and drug prevention awareness; • Generate support for, and participation in, local anti - crime programs; • Strengthen neighborhood spirit and police - community partnerships; and • Send a message to crimi- nals letting them know that neighborhoods are organized and fighting back. The Avon Police Depart- ment would like to work cooperatively with volun- teers to make this party in the Wildridge Park a suc- cess on August 7, 2007. Businesses and Business Owners that would like to donate to this event please contact the Avon Police De- partment. Starting January 1, 2007 the Avon Police Department would like to start a Volunteer Program. We would like volun- teers to help us patrol your community. Helping with Wildlife Education and reminding everyone about the Animal Control Laws in your neighborhoods. We are hoping to recruit volunteers that may be able to help with translation, disabled parking enforcement, when chil- dren are reported missing and in our records division. If you are interested in becoming a volunteer please contact us at 970 -748 -4040. Page 2 Avon Police Community News: What's Wild in Wildridge Take our Survey Avon Police Department Community Satisfaction Survey Gender: Male Female Date: Age: 18 -24 25 -34 35 -44 45 -54 55 -64 +65 Are you a resident of Avon? I am a resident of Avon. ( full time part time) Wildridge Wildwood Mountain Star West of Avon Rd East of Avon Rd North of Interstate 70 1 am not a resident of Avon; however, I live in a surrounding community. I am not a resident of Avon or surrounding communities. My experience with the Avon Police Department is from the following method(s): Newspaper Discussion with others Walk -in service at the police station Victim of a crime Arrest Citation Warning Community event Other: 1. The Avon Police are visible to the public. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 2. The Avon Police are Professional. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 3. The Avon Police appear to be competent and properly trained. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 4. The Avon Police are courteous. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 5. The Avon Police have a professional appearance. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 6. I feel safe to walk alone in Avon. Strongly agree Agree Neutral Disagree Strongly disagree Comments: 7. What do you like best about the Police Department? 8. How would you improve the Police Department? 9. What are three community /police issues of greatest importance to you? Please mail this survey to: Avon Police Department Chief Brian N. Kozak OR Post Office Box 975 Avon, CO 81620 ^}' f ra Deposit in the Avon Police survey drop box at the Wildwood school bus stop at Wildwood and Metcalf. I would like to thank you for your commitment in assisting the Avon Police Department to live up to its mission of always being professional and prepared to serve our community with uncom- promising commitment. Brian N. Kozak Chief of P'ofzce WE NEWS Avon Police Department P.O. Box 975 Avon, Colorado 970- 748 -4040 Facsimile 970 - 845 -7098 CONTACT: Brian Kozak, Chief of Police 970- 748 -4040 Krista Jaramillo, Public Information 970 -748 -4040 FOR IMMEDIATE RELEASE: December 4, 2006 The Gore Range DUI Task Force will begin operations on December 15, 2006, following a press conference at 3:00 PM at the Avon Municipal Building State and local law enforcement agencies in Eagle County will join resources for the first ever multi - agency DUI task force in Eagle County, called the Gore Range DUI Task Force. The task force will be in operation between December 15, 2006 and January 1, 2007 The task force will conduct saturation patrols in different locations of the county , to include; Avon, Vail, Minturn, Edwards, Eagle and Basalt. The task force coordinator, Chief Kozak of the Avon Police Department said, "Impaired driving is one of America's deadliest crimes. In fact, during 2005 nearly 13,000 people were killed in highway crashes involving an impaired driver with an illegal blood alcohol concentration of .o8 or higher. We want to assure that our citizens have a safe and happy holiday. Therefore, if we catch you driving impaired, we will arrest you. No exceptions. No excuses." The Gore Range DUI Task Force will hold a press conference on Friday, December 15, 2006 at 3:00 PM at the Avon Municipal Building. The task force will be dedicated to Officer Targosz and Deputy King, who were police officers, both killed in the line of duty by an impaired driver. The following individuals will speak at the press conference: • Chief Kozak, Avon Police Department • Jill Hunsaker, Eagle County Health Department • Patsy King, DUI victim • Shelly and Rosey Landeros, DUI victims • Lisa Martinez, DUI victim • Representative from MADD • Representative from the Victim Impact Panel of Eagle County • Mark Hurlbert, District Attorney • Dan Smith, Salvation Army (Toy Drive) We strongly encourage all local and Denver media outlets to attend the press conference to assist us in saving lives this holiday season. The speakers will emphasize the importance of strict enforcement for this crime. The task force will also be conducting a toy drive with the Salvation Army. Any person may bring an unwrapped, newly packaged toy to any local law enforcement agency in Eagle County. I _1' /l "�3J Jl'J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacquie Halbumt, Director of HR & Risk Management Date: December 7, 2006 Re: Short term disability plan Summary: A short-term disability plan provides continued income to employees who are temporarily unable to perform the essential functions of their regular jobs due to sickness or accident as determined by the plan. Background: After approving the addition of a STD policy to our comprehensive benefits package, council directed staff to make a recommendation for the final plan. Discussion: Staff has reviewed other STD plans and feels the following fully insured plan would be appropriate and competitive with surrounding communities. Cost Short-Term Disability coverage is a benefit provided by the town of Avon to its employees at no cost to the employee. Eligibility Employees are eligible to receive benefits under Short-Term Disability if they have been employees for at least 90 days immediately prior to requesting benefits. STD benefits are payable beginning the 8th day of absence due to illness or injury. Length of Benefits Employees are eligible to receive benefits for a period of time determined by a physician and approved by the insurance carrier not to exceed 26 weeks. Payment of Benefits Employees are eligible to receive 60% of their standard base pay per week, not to exceed $1200 per week. Accrued Paid Time Off Employees will be required to use any accrued paid time off before STD benefits will begin. Employees will continue to accrue paid time off while on STD leave. Financial Implications: The fully insured plan, which means the insurance company approves the claim and pays the employee directly, will cost between $17,000 - $22,000 a year. We are still awaiting a final quote, but it will not exceed $22,000. • Page 2 FINANCIAL MATTERS December 12, 2006 1. YTD Building Revenue Report Actual vs Budget - November 2006 2. Detail - Real Estate Transfer Taxes - November 2006 3. Accomodations Tax Worksheet Actual vs Budget - October 2006 4. Sales Tax Worksheet Actual vs Budget - October 2006 110 Ln CIII NCO MM CD CD lQ M l00 M Ln,--i QQ v El m .... .... . Ln 0 a m MN IV QQ C\l cli 0') 1-1 '31 C"i 0 (D 0 1-4 11 IV cli r- QQ r- 1-1 0 r- oc) -i N Ln c,) to co (n 3, C,] co 0 D Q0 to (n r- m (n k-0 r- a) 61 O CD r- CO cli I I (Y) CD W to t.o m -i cc) to o m N El r- r-- k.0 cN I-q LO CD r- G) m � C; Mh 1� L. 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Vista 4O'OG 2.615.60 Title Comp Rockies Mtn. Vista 42-O8 4.329.50 Title Comp Rockies Mtn. Vista 43'O8 4.864.60 Title Comp Rockies Mtn. Vista 44-OO 3.886.55 Title Comp Rockies Mtn. Vista 4S'O8 1.949J0 Title Comp Rockies Mtn. Vista 45'O0 5.004.00 Title Comp Rockies Mtn. Vista 1412-33 40.00 Title Comp Rockies Mtn. Vista 15UO-15U8 41 60.00 Ken & Lucy Rodgers Mtn. Vista 15OQ'42 130D0 Title Comp Rockies Lakeside Terrace 42-O8 190.00 Title Comp Rockies Lakeside Terrace 44-O0 534.80 Land Ti|UeGuarantee Lakeside Terrace C-403 100.00 Maurice Mandell || Sunhdge@Avon ||L-2U1 6.000.00 YNeghanQrabow& Alicia Quinn Sunhdgo@Avon ||R-102 2.700.00 Charles D. Mayer Trust Qunhdge@Avon 110-204 5.100.00 Maurice Mandel |i 3unhdge@Axon ||O-202 6.100.00 |gorGovri|ov Ba|ae West Condo E 4.500.00 East West Resort Development Riverfront Sub L'1.3 160.000D0 YnavBarom. Ming Shinn& Jim Daily Benchmark Condo A,11 2.040D0 Blake Putnam, & Bryce Westfield Prosser Benchmark Condo O'20 3.700.00 Joseph, &G|enyoeTookooki Ea0|ebend#5 1.900.00 Robert, & Susan O'Haearn'Tartre Avon Center @B.C.|'7U8 12.700.00 Ruth Haft Lodge@ Brookside #208 10.450.00 Lucas, & Emily Jones Avon Crossing 1|31U1 8.100.00 Stephen, & Elizabeth Bauer Avon Crossing ||33O2 9.380.00 Gustavo & Mariana DoUmann Avon Crossing ||\4212 5.300.00 Goldsboro Holdings LLC Canyon Run F'204 18.200.00 Marian Dickerson Trust Chapel Square B-3O5 5.900.00 Scott J.Oiohner Chapel Square B-232 4'600.00 Darcy L Taylor & Mark E. Shumate Lot 5UB|k2VVi|dridge 16.000.80 Total November Revenue 308.287.95 Total YTORevenue 2.837.40822 Total 2OU8Budget 2500.000.00 Variance, Favorable (Jnfavuroble) $ 337,409.22 Sn O 4. cq 6's O O O O O O RS O O O O O O — O V' CO "t "t m r- �2 0 0 o a) C14 N C? 0� C? C? CD LO 9 w co 0 0 7 7 to O (M (9 C? ";': N .9-- 04 q N O! 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D , —0 E E E ch Co in 2 ca —0 N E cn c rn 0 0) 0 E a) c m a) O E r- Z w > CL (D CO O C21, 2 (OD CL c 0 O)o m N E (D tf E co a (D C) Cc O to w E Z U) 0 aF LL 0 z cA LLI 0 w CL O O C 0 .2 CL 0 L. m 0 4) r o 4) 4) Z 0) (0 CD 0 iz: 0 O CL CL c 0 'a a) 0 a) =e 0 C) < QL E @ 0 0 0 0 CN C%4 >1 0 (D :2 0) (0 CD 0 iz: 0 O CL CL c P- C) a) >1 0 (D :2 a) CD Q 0 C) Cl) a 0 0 a) 8 0 0. -a (D a) Cl) N co 0 0 E 0) (0 CD 0 iz: 0 O CL CL c a) >1 0 (D :2 0) (0 CD 0 iz: 0 O CL CL c To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager t From: Danita Chirichillo — Special Events Coordinator Meryl Jacobs — Director of Recreation and Cultural Services Date: December 6, 2006 Re: Icing on the Lake Summary: Avon's annual Icing on the Lake event will be held in Harry A. Nottingham Park on Saturday, December 16 from 2:00 p.m. until 5:00 p.m. This event will celebrate opening day for winter activities at the Avon Log Cabin. The event will include reindeer drawn sleigh rides, snowmobiles rides for children, ice skating (if there is enough ice), face painter, balloon sculptors, winter characters, Christmas carolers, bonfire and so much more. Icing on the Lake will be marketed to the public via radio advertising, avonrec.org, event posters, recreation center brochure and potentially Vail Daily ads. The recreation center will be hosting a visit by Santa Claus on the Wednesday and Thursday prior from 4:00 — 6:00 p.m. to also promote Icing on the Lake. This event is free to the public. Financial Implications: Icing on the Lake is budgeted for $3,000 in the 2006 special events budget. Thirteen hundred dollars were raised via sponsorship to offset the expenditure. Town Manager Comments: ,, _- To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Danita Chirichillo — Special Events Coordinator Meryl Jacobs — Director of Recreation and Cultural Services Date: December 6, 2006 Re: Rocky Mountain Pond Hockey Championships Summary: The first ever Rocky Mountain Pond Hockey Championships will be held on January 19 — January 21, 2007 at Nottingham Lake (ice permitting). The Rocky Mountain Pond Hockey Championships are a celebration of hockey in the truest sense. This event is being presented as an event to bring together players and teams from across the rocky mountain region and beyond. The events success will benefit local youth hockey programs and the Herb Brooks Foundation which was founded to carry on the legacy of the legendary coach. The Foundation strives to create opportunities for kids to play hockey in an environment that focuses on combining the best of unstructured play with the advances in training and coaching methods today. The event will be set up with approximately ten individual ice rinks on the lake. Forty - eight teams will rotate through ten rinks with each game lasting approximately 50 minutes. The event will start will on Friday night at 5:00 p.m. with a NHL Alumni game and continue with a celebration at Bob's Place that evening. Saturday and Sunday will be all day events starting at 8:30 a.m. through 4:30 p.m. with the championships games on Sunday at 12:00 p.m. Registration starts Friday, December 1 at the Avon Recreation Center. There will be three tents located on the east end of the soccer field used for gear storage, hospitality and warming. The log cabin may potentially be used for skate sharpening and packet pick up. Parking for the event will be offered at either Beaver Creek Bear Lot or Traer Creek. Public ice skating will not be offered at the Lake for this weekend. Financial Implications: Approximately $2500 has been budgeted in 2007 to assist in facilitating the event. Local restaurants and hotels will feel an impact with approximately 290 people (participants) in town for the weekend. The host hotel is Christie Lodge. Town Manager Comments: 7 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Danita Chirichillo — Special Events Coordinator Meryl Jacobs — Director of Recreation and Cultural Services Date: December 6, 2006 Re: White Water Rodeo Series Contract Summary: Attached for signature is the contract with Untraditional Marketing to facilitate the 2007 White Water Rodeo Series that will launch and market the Avon's new White Water Park. Untraditional Marketing will handle event management and execution, planning, marketing, administrative services, etc., for the rodeo series which consists of four (4) Tuesday evening events, starting May 15 and ending on June 5, 2007. The concept behind the series is to start each week with a one -hour clinic (5:00 -6:00 p.m.) covering maneuvers, which will be part of that night's rodeo (6:00 -7:00 p.m.). Immediately following the rodeo, the event will move to a local restaurant/pub such as Loaded Joe's, Pazzo's or Finnegan's Wake, where the awards ceremony will be hosted. Each week the location will change. The awards will draw the participants and audience into the hosting establishment where finger foods and discounted beverages will be available. Staff believes that a partnership with Untraditional Marketing, producers of the Teva Mountain Games, will help solidify Avon's White Water Park as a true destination attraction. Our series will be available to kayakers of all ages and abilities, locals and visitors alike. In addition, a key element in contracting with Untraditional Marketing is that the third rodeo of the series will be a qualifier for the Teva Mountain Games thus offering our Rodeo Series additional exposure. The Teva Mountain Games bring some of the nations best kayakers into our region for competition. Financial Implications: The management fee charged by Untraditional Marketing is $19,000 payable by March 15, 2007. The operations budget for the series is $13,090 for a total of $36,090. The total fees have been approved as part of the 2007 budget. The Special Events Coordinator is attempting to offset the cost of the event through sponsorship sales with a goal of at least $2,500. Town Manager Comments: ..... I Mountain Games, LLC. Account Services Fee This Account Services Agreement (this "Agreement ") is made and entered into as of October 23, 2006 (the "Effective Date ") by and between the Town of Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and Mountain Games, LLC ( "MG "), having an address at PO Box 1430, Vail, CO 81658. TOA and MG may be referred to individually as a "Party" or collectively as the "Parties." RECITALS: A. TOA wishes to retain the services of MG subject to the terms and conditions set forth within this Agreement, in connection with the following business aspects surrounding the planning, promotion, launch and onsite management of the "Avon Whitewater Rodeo Series" ( "AWRS ") program including: • Event Management/Supervision • TOA AWRS event planning • TOA AWRS concept creative • Promoter negotiations and management • Administrative services AGREEMENT: A. Term. TOA hereby engages MG to provide the services described in Section B below commencing on the effective date above, and ending on or about June 301h, 2007. B. Services. During the Term of this Agreement, MG will provide the services and deliverables described below. Contract Deliverables All efforts to announce, set criteria and judging, publicize, concept, manage, and successfully implement a new whitewater kayak rodeo competition taking place on four consecutive Tuesdays starting May 15th, 2007 currently called "AWRS" to encourage increased kayaker participation in the Avon Whitewater Park. Coordination of a post event awards ceremony taking place immediately following each night of competition. Ceremonies will take place is selected TOA restaurants and /or establishments determined by MG and TOA staff. Account Supervision Day to day management and operation planning and marketing of AWRS Interact with TOA staff, as needed providing detailed TOA follow -up reports of all meetings and tasks related to this project. Meetings or conversations with TOA representative(s) to include planning sessions, project updates and budget discussions. AWRS Plan Development and Budget Supervision • Research, develop and implement the strategic AWRS marketing plan. • Maintain monthly budget recaps and review with TOA • Maintain project projected cost estimates built by TOA and MG on October 2nd, 2006. 0 Mountain Games, LLC. Account Services Fee AWRS Event Planning and Representation • Onsite management and representation as an agent of TOA during each event • Soliciting /managing the experts needed to facilitate a successful event Administrative Services • Secretarial and MG support services pertaining to account service including TOA Contact Reports, Job File record maintenance, and TOA accounting. • Phone and fax necessary to administer the account. C. Client Responsibilities. During the Term of this Agreement, TOA will be responsible for the project elements described below. Public Relations ( "PR ") • TOA will facilitate the PR for the AWRS and work strategically with MG to align with the marketing plan • TOA will make materials /communications available surrounding all aspects of this series and will maintain direct interaction /management of press. Liaison • TOA will act as a liaison to involve existing TOA sponsors /brands in elements of the AWRS if deemed appropriate • TOA will assist MG in getting best rates available in with local media hubs and equipment providers. These areas include but are not limited to: Radio, newspaper, port -a -lets and signage. • TOA will involve MG as part of the larger TOA team and keep them aware of all efforts being used for the AWRS and promoting the Avon whitewater park. Equipment, Supplies and Staff • TOA will pay for or provide the following equipment and supplies for the successful execution of the event: sound system with speakers and wireless mic, tents and trash receptacles • TOA will pay for or provide the following staff / volunteers for the AWRS events: police support where deemed necessary by the TOA Police Chief and staff, Ambulance on site, photographer to capture images of event, staff to assist with trash removal, volunteers to assist with set -up, tear -down and event support and legal support. Insurance • TOA will provide a General Liability policy to cover all AWRS events. • The General Liability policy will name MG as an additional insured on the policy D. Compensation. TOA will pay MG management fees for this project totaling $19,000. This fee will be paid to MG on or before March 15th, 2007. ❖ MG will pay for all materials needed for the AWRS. MG will keep a record of all expenses and present them to the TOA following the last event. All expenses will be reimbursed to MG upon approval from TOA. ❖ TOA is responsible for all fees and expenses associated with all aspects of the AWRS. If for any reason AWRS discontinues, TOA will be responsible for all costs N Mountain Games, LLC. Account Services Fee committed at the time of written notification. Additionally, MG entire fee is non- refundable. ❖ MG agrees to work within the available AWRS budget, not to exceed $17,090 - for all aspects of this project. E. Event Cancellation. In the event of a drought year or any other circumstance requiring an anticipated cancellation of the event outside the ability of the TOA or MG to control, Staff member from TOA and MG will meet no later then April 15th to determine whether or not to cancel the event. If the event is canceled on or before this date, MG management fee will be $11,500. Any management fee paid to MG prior to this cancellation equaling more then $11,500 will be returned to TOA no later then April 30th 2007. F Indemnification and Insurance. 1. Indemnification of MG. TOA to the extent permitted by law will indemnify and hold harmless MG, its shareholders, directors, officers and employees (collectively, "MG Parties"), from and against any loss, cost, damage, liability or expense incurred by any MG Parties ("MG Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the TOA or any person or entity affiliated with TOA; provided that indemnification shall not be provided under this Section E. to the extent that MG Losses are attributable to the negligence or willful misconduct of any MG Parties. 2. Indemnification of TOA. MG will indemnify and hold harmless TOA, its directors, members, managers, officers, and employees ("TOA Parties") from and against any loss, cost, damage, liability or expense incurred by any TOA Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the MG Parties; provided that indemnification shall not be provided under this Section E. to the extent that MG Losses are attributable to the negligence or willful misconduct of TOA Parties. F. Termination. Either Party may terminate the Term of Engagement at any time prior to its scheduled expiration immediately upon written notice to the other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this Agreement, "Material Breach" means, with respect to either party, any willful misconduct or any willful breach of or failure to or refusal to perform such parties obligations hereunder that continues uncured for a period of ten (10) days following written notice thereof to the breaching party and the term "Insolvency" means, with respect to either party, (1) making a general assignment for the benefit of its creditors, (2) applying for or consenting to the appointment of a receiver, trustee, assignee, custodian, sequestrator, liquidator or similar official for itself or any of its assets and properties, (3) commencing a voluntary case for relief as a debtor under the United States Bankruptcy Code or any foreign laws for protection or relief of debtors, (4) filing with or otherwise submitting to any governmental authority any petition, answer or other document seeking (A) reorganization, (B) an arrangement with creditors or (C) to take advantage of any other present or future applicable law respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent by a court of competent jurisdiction. G. Nature of Relationship. The parties acknowledge and agree that MG will be performing services under this Agreement as an independent contractor to TOA and nothing in this Agreement or in the relationship of TOA and MG shall be deemed to constitute a M Mountain Games, LLC. Account Services Fee partnership, joint venture or any other relationship other than that of contract Parties hereunder. H. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, and any disputes shall be subject to binding arbitration in the vicinity of Eagle County, Colorado. The losing Party shall pay all attorneys fees and costs of the winning Party. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes any prior understandings, agreements or representations by or among them with respect to its subject matter. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns. The descriptive headings of this Agreement are included for convenience and ease of reference do not constitute a part of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall for all purposes constitute one (1) agreement which is binding on all parties hereto. Neither Party may assign this Agreement without the express written consent of the other Party. We, as authorized representatives of MG and TOA, agree to uphold the terms and conditions of this agreement to the best of our abilities. Signature: Joseph Blair, VP of Operations Mountain Games, LLC Date: Address: PO Box 1430 Vail, Colorado 81658 Phone: (970) 926-4799 Signature: Printed Name & Title: Town of Avon Date: Address: PO Box 975 Avon, Colorado, 81620 Phone: I lh I mmm To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Director of Community Development Matt Genneft, Senior Planner Date: December 5, 2006 Re: First Reading of Ordinances 06-16 and 06-17, and Resolution No. 06- 53, Village at Avon Planned Unit Development ("PUD") Application, Amendments to the 2001 Village at Avon PUD (PUBLIC HEARING) Summary: The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the property, Traer Creek, LLC, is proposing to amend the Village at Avon PUD. The proposed amendments to the PUD are focused on relocating Planning Area G on the PUD Development Plan, which is and will remain designated for a school to be operated by the Eagle County School District; Planning Area D, which is to be adjusted to allow the school to be located within its existing boundaries; and Planning Area N, which is to now, by way of a text amendment to the PUD Guide, accommodate two separate facilities for the Eagle County Health Services District and the Eagle River Fire Protection District. The table below details the acreage and density data associated with the subject planning areas as they are configured today, and how the applicant proposes to modify them with this proposal. Planning Area Approved Acreage Proposed Acreage D (18 DUs per acre) 20.5 acres (369 DUs) 13.2 acres (238 DUs) G (no density) 7.3 acres No change N (no density) 29.0 acres 27.5 acres RMF-1 (6 DUs per acre) 24.2 acres (145 DUs) 31.5 acres (189 DUs) Attached to this memo is the staff report to the Planning and Zoning Commission dated November 3rd, 2006, which evaluates the proposed PUD Amendment against the criteria outlined in the Avon Municipal Code, and provides for a staff recommendation. Included in the staff report is the relevant background material a provided by both staff and the applicant, along with a chronology of the prior amendments to the Annexation and Development Agreement, and to the Village at Avon PUD Guide and Plan. Please refer to the staff report for specific analysis of the request. Staff has also included all public correspondence received to date; of particular importance are the letters from the Eagle County Health Services Department, Eagle County Fire Protection Department, and the Eagle County School District. All three of these agencies, which are the intended users of the proposed sites, were transmitted copies of the amendment proposal with a request for comment. A representative of each agency was in attendance at the Commission's November 21st meeting and provided comment on the request. A copy of the executed minutes from the November 21st, 2006 Planning and Zoning Commission hearing are attached for your reference. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission held a public hearing on November 21st, 2006, to consider the applicant's proposal. After a lengthy discussion with the applicant and staff, and after opening the application to public comment, the Planning and Zoning Commission made the following recommendations to Town Council: Planning Area N: Fire and Ambulance Stations The Planning and Zoning Commission recommended to the Town Council approval, with conditions, (Ordinance 06-16) to allow for emergency service public uses, specifically a combined emergency services facility, as a Permitted Use in Planning Area N. The subject use is restricted to a revised Tract F that would be a collocated fire and ambulance site of approximately 1.5 acres. The site is to be located adjacent to Swift Gulch Road generally where the access to Tract F connects with Swift Gulch Road (see blue rectangle on the attached plan). The ambulance district would receive 0.5 acres and the Fire district would receive 1 acre on a single collocated campus. A condition of the approval is that a Minor Subdivision plat be processed to eliminate the existing Tract F and create the new —1.5 acre tract. Planning Area G: School Site The Planning and Zoning commission recommended approval with conditions, (Ordinance 06-17) of moving Planning Area "G" to its new location within the presently planned "Planning Area "D", and restoring RMF-1 to its original (1998) configuration. The approval carries with it a condition that within the next 12 months, Traer Creek LLC must submit a soils report indicating the site is suitable for an elementary school facility. If the soils report indicates the site is unsuitable for the school district's use, then Traer Creek LLC would need to process an application to move the school site again to a suitable location for such use. ordinances 06-16 and 06-17, Village at Avon PUD, Amendment to the 2001 Village at Avon PUD Town Council December 12, 2006 Regular Meeting (PUBLIC HEARING) R Staff Recommendation: Staff's recommendations to the Avon Town Council, which are different from those of the Planning and Zoning Commission, remain as stated in the November 21, 2006 Planning and Zoning Commission staff report, which are as follows: Planning Area N: Fire and Ambulance Stations Staff recommends to the Avon Town Council approval of the request to allow emergency services within Planning Area N as Special Review Uses, pursuant to the criteria and findings found in the PUD Design Criteria section of the Planning and Zoning Commission staff report dated November 21, 2006, and subject to the following conditions: 1. Emergency Service uses shall be housed in a combined facility limited to Tract "E", located within Filing 3 of the Village at Avon Subdivision; 2. The development agreement language is amended to the satisfaction of the Town Attorney; and 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Planning Area G: School Site Staff recommends to the Avon Town Council approval of Resolution 06-53 DENYING the request to relocate Planning Area G, pursuant to the review of the criteria found in the PUD Design Criteria section of the Planning and Zoning Commission staff report dated November 21, 2006. Staff is unable to develop a favorable recommendation for this request given the significant amount of "uncontrolled" and thereby unconsolidated fill that has been placed at the proposed school site, and the lack of an on site geotechnical investigation report to reduce future complications in the development approval process. Available Actions: Staff has presented the Council with several alternatives for recommended motions. The two ordinances provided reflect the recommendation from the Planning and Zoning Commission to conditionally approve the requests. In the event the Council is inclined to Deny the request relative to Ordinance 06-17, staff has provided the necessary Resolution 06-53. The following options are available for action on this application: 1) Approve First Reading of Ordinance 06-16 and/or 06-17. 2) Table on First Reading of Ordinance 06-16 and/or 06-17 3) Deny on First Reading of Ordinance 06-17, approving denial of the application through Resolution 06-53. Ordinances 06-16 and 06-17, Village at Avon PUD, Amendment to the 2001 Village at Avon PUD Town Council December 12, 2006 Regular Meeting (PUBLIC HEARING) I Town Manager Comments: Attachments: A: Ordinance 06-16 B: Ordinance 06-17 C: Resolution 06-53 D: Planning & Zoning Commission Staff Report and Background Information (November 21, 2006 staff report and all attachments) E: Application for Amendment to the Village at Avon PUD submitted by the Mauriello Planning Group on behalf of Traer Creek LLC, dated September 2006 F: Letter from Eagle County Health Services Department dated November 16, 2006 G: Letter from the Eagle River Fire Protection District dated November 17, 2006; and a Joint Letter from the Eagle River Fire Protection District and the Eagle County Ambulance District dated November 28, 2006 H: Letter from Eagle County School District dated January 3rd, 2006 (provided by the applicant) 1: Village at Avon Filing 3, Final Plat J: Executed Minutes from the November 21st, 2006 Planning and Zoning Commission Public Hearing K: Public Comment ordinances 06-16 and 06-17, Village at Avon PUD, Amendment to the 2001 Village at Avon PUD Town Council December 12, 2006 Regular Meeting (PUBLIC HEARING) I Attachment A ORDINANCE NO. 06- 16 AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD TO PERMIT EMERGENCY SERVICE USES WITHIN PLANNING AREA N, FILING 3, THE VILLAGE AT AVON SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED SEPTEMBER 6, 2006. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to amend the existing Planned Unit Development ("PUD") for the Village at Avon PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on November 20, 2006, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearings, the Planning & Zoning Commission forwarded its recommendation for conditional approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06-18; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2006, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan's as required by 17.20.110H (1); WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code. I IN 1 # i i !'' • 1 • The Amendment to the Village at Avon PUD to as more specifically described in the application dated September 6, 2006 is hereby approved, subject to the following conditions: 1. Emergency Service uses shall be housed in a combined campus of approximately 1.5 acres, allowing separate fire and ambulance district structures utilizing a Minor Subdivision Plat immediately adjacent to Swift Gulch Road and Tract G located in Filing 3; 2. The development agreement language is amended to the satisfaction of the Town Attorney; 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval; and 4. Emergency service uses shall be permitted uses in Planning Area N in the specific area defined by the Planning and Zoning Commission in the public hearing held on November 21, 2006. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2006, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor Town Clerk POSTED the day of , 2006. Town Clerk Town of Avon, Colorado Town Council Mayor APPROVED AS TO I �• Town Attorney I ORDINANCE NO. 06- 17 AN ORDINANCE APPROVING, WITH CONDITIONS, A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD TO RELOCATE PLANNING AREA G, FROM PLANNING AREA RFM -1, FILING 3, VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT AVON SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED SEPTEMBER 6, 2006. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on November 21", 2006, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Amendment; and WHEREAS, following such public hearings, the Planning & Zoning Commission forwarded its recommendation for conditional approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 06 -17; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2006, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Amendment; and WHEREAS, based upon the evidence, testimony, exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds said application appears to comply with the following PUD review criteria set forth in Section 17.12.110 of the Avon Municipal Code, including the following: 1. Conformance with the Town of Avon Comprehensive Plan's as required by 17.20.110H (1); I WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code. The Amendment to the Village at Avon PUD to as more specifically described in the application dated September 6, 2006 is hereby approved, subject to the following condition: 1. The applicant shall provide the Town of Avon Community Development and Engineering Departments a site specific geological investigation (soils report), within twelve (12) months, which demonstrates, to the satisfaction of Town Staff, the suitability of the subject site for an elementary school as proposed in the applicant's request dated September 6, 2006. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2006, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, , 2006, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council im ATTEST: Town Clerk a POSTED the day of , 2006, ATTEST: Town Clerk Town of Avon, Colorado Town Council Mayor • Town Attorney Attachment C 1 1 1 1 1 1 1� SERIES OF 2006 A RESOLUTION DENYING A PUD AMENDMENT APPLICATION TO AMEND THE VILLAGE AT AVON PUD TO RELOCATE PLANNING AREA G, WHICH IS AND WILL REMAIN DESIGNATED FOR A SCHOOL TO BE OPERATED BY THE EAGLE COUNTY SCHOOL DISTRICT FROM PLANNING AREA RFM -1, FILING 3, VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT AVON SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED SEPTEMBER 6, 2006. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; and WHEREAS, the proper posting, publication and public notices for a hearing on November 21, 2006 before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, said application fails to comply with the following Town of Avon Comprehensive Plan's Goals, as required by section 17.20.110h(l) of the Avon Municipal Code: 1. Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year - round residential community and as a commercial, tourism and economic center. 2. Goal F.1: Achieve a diverse range of quality housing options to serve diverse segments of the population. WHEREAS, said application fails to comply with the following additional PUD review criteria set forth in Section 17.12.110(h) of the Avon Municipal Code: 1. Identification and mitigation or avoidance of natural andlor geologic hazards that affect the property upon which the PUD is proposed 117.20.110h(S)J. 2. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan 117.20. I1Oh(7)J. 3. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection [17.20.110h(10)]. WHEREAS, this PUD Amendment fails to provide evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby denies the application for an amendment to the Village at Avon PUD, Filings I & 3, dated September 6, 2006. ADOPTED THIS 12t' DAY OF DECEMBER 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk N Attachment D .............. HEART of the VALLEY November 21, 2006 Planning & Zoning Commission Meeting C 0 L 0 R A D 0 Report date November 3, 2006 Project type Planned Unit Development (PUD) Amendment Legal description The Village at Avon Planned Unit Development, Planning Areas D, G, N, and RMF-1 Current zoning Planned Unit Development (PUD) Address NA (No addresses assigned) Introduction The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the property, Traer Creek, LLC, is proposing to amend the Village at Avon PUD. The proposed amendments to the PUD are focused primarily on relocating Planning Area G, which is and will remain designated for a school to be operated by the Eagle County School District; Planning Area D, which is to be adjusted to allow the school to be located within its existing boundaries; and Planning Area N, which is to now accommodate two separate facilities for the Eagle County Health Services District and the Eagle River Fire Protection District. The proposed and revised PUD Development Plan is included as Attachment A. Planning Area D is 20.5 acres in area, or 1.1% of the total site area, and is designated as Village Residential, with a maximum density of 18 dwelling units (DUs) per acre. With the proposed amendments, Planning Area D would remain the same in all respects except for its total size, which would be reduced down to 13.2 acres, or 0.7% of the total site area, as a result of relocating Planning Area G. Planning Area G is 7.3 acres in area at present, or 0.4% of the total site area, and is to remain as such with the proposed amendments. Planning Area G has one use designation and it is for a public school. The applicant's proposal would relocate Planning Area G from its currently planned location north of 1-70 and immediately adjacent to the western edge of RMF-1, and place it in the middle of the northern part of Planning Area D. Planning Area N is 29.0 acres in area, or 1.6% of the total site area, and is designated for use as a Community Park. The proposed amendments call for locating both a fire station for the Eagle River Fire Protection District, and a separate ambulance facility for the Eagle County Health Service District within the boundaries of the presently approved Planning Area N, a designated Community Park. With the proposed amendments, both of these new facilities would be allowed in Planning Area N as Special Review Uses, if approved. The applicant is proposing to access the new ambulance facility with a connection from Swift Gulch Road to.the south down to Tract F. Parcel RMF-1 is presently 24.2 acres in size, or 1.4% of the total site area, and is designated as Residential/Multi-family at a maximum density of six (6) dwelling units per acre. With the Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 9 The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 2 of I I proposed amendments, the area of RMF-1 would increase to 31.5 acres at the same maximum density of six (6) dwelling units per acre. (See chart below.) Planning Area Approved Acreage Proposed Acreage D (118 DUs per acre) 20.5 acres (369 DUs) 13.2 acres (238 DUs) G (no density) 7.3 acres No change N (no density) 29.0 acres No change* RMF-1 (6 DUs per acre) 24.2 acres (145 DUs) 31.5 acres (1189 DUs) * Fire and ambulance stations will diminish total acreage for Planning Area N — no data provided Background Prior Amendments to Annexation and Development Agreement The original Annexation and Development Agreement was entered between EMD LLC, PVRT NOTT I LLC, PVRT NOTT 11 LLC, PVRT NOTT III LLC, and the Town of Avon on October 13, 1998 and later recorded with Eagle County on November 25, 1998. This agreement provided vesting and property rights for the Village (at Avon) annexation property. Amendment #1 Approved by Ordinance No. 01-16 on November 13, 2001 & recorded December 10, 2001 with Eagle County. Amends portions of the original agreement including: responsible parties and ownership are clarified, Administrative Amendment No. 1 to the Development Plan is correctly referenced, 1-70 Improvements and related bonding for construction, East Beaver Creek Boulevard Improvements, Swift Gulch Road Improvements, Public Works Site, one acre Fire Station dedication, Retail - Real Estate Transfer Fee - Accommodation Lodging Fees, Use tax fee establishment, lost sales tax revenues for Wal-Mart and City Market. Amendment #2 Approved by Ordinance No. 03-08 dated May 27, 2003 & recorded July 30, 2003 with Eagle County. This amendment changed the Highway 6 Exaction requirement and replaces it with a Highway 6 Trail Exaction requirement. The trail exaction was for the design and construction costs for sections of the pedestrian trail system along Highway 6. Trail exaction was a result of public concerns expressed by Eagle-Vail residents through their Metro District and the County Commissioners. Includes cost sharing agreement outlining funding for the project. Amendment #3 Approved by Ordinance No. 04-17 on October 26, 2004 & recorded December 22, 2004 with Eagle County. This amendment addresses two issues: 1) Correcting the method of computing the cost of police services and agrees to a new formula that reflects that the Village pay for the actual cost of police services provided to it; and 2) Deferment of the construction of the improvements on East Beaver Creek Boulevard from 2005 to completion in 2009. This is a result of the development pattern so far primarily taking place on the east side of the Village property. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 3 of 11 PUD Amendment History Administrative PUD Amendment #1 Request: Amendment to the PUD Development Plan map showing planning area locations, and general street alignments. This amendment also moved the location of the school tract to the north side of the Interstate. Action: Approved administratively with signature of the Community Development Director on May 14, 2001. Administrative PUD Amendment #2 Request: PUD Guide Amendment to permit building setback encroachment for Lot 3, Filing 1 (Planning Area K), from Fawcett Road Right-of-Way for Southwest corner of Wal-Mart and associated outdoor nursery sales center. Action: Approved administratively and recorded February 19, 2002 with Eagle County via 'Certificate of Landowner Request.' Administrative PUD Amendment #3 Request: PUD Guide amendment that prioritizes the sale and rental of the requirement employee housing units first to people employed in the Village (at Avon) property, second to people employed in the Town, and third to people employed in Eagle County. Action: Approved by Community Development director and recorded May 15, 2002 via 'Certificate of Landowner Request.' Administrative PUD Amendment #4 Request: Amendment to PUD Guide, specifically adding language concerning swift gulch road allowing for 11' travel lanes with 2' shoulders in sections that include a 10' wide paved separated pedestrian trail. Language added to supplemental Regulations, Section 1.5 Design and Improvement s Standards as a new subsection (b) (vi). Action: Approved by Community Development director administratively and recorded May 15, 2002 via 'Certificate of Landowner Request.' Formal PUD Amendment #1 (Denied) Request: Submitted on May 30, 2003 and included the following points: • Creating an additional 19.2 acres of Regional Commercial (Planning Area Q) immediately adjacent to the new interstate exchange. This commercial area is divided by Post Blvd. into separate parcels. The east parcel is approximately 7.8 acres and the west side consists of two parcels: 7.8 acres and an additional 3.6 acres. As a frame of reference: Christy Lodge is 6.35 acres and Original Wal-Mart 6.33 acres. Planning Area Q also includes 1.0 acre for the Fire District Regional Facility as ;equired by the Annexation and Development Agreement. • Relocating the school site to Planning Area M and increasing the planning area for the school site by almost 2.0 acres. • Reducing the Community Park from 29.0 acres to 17.4 acres. The loss of useable acreage for the community park is limited to 3.4 acres. The existing topography and steep slopes were not considered in the original planning area designation for the Community Park. Traer Creek LLC has agreed to replace the park area when RMF-1 and RMF-4 are developed. The Village (at Avon) still retains approximately 500 acres of open space. • Increasing Planning Area RMF-1 from 146 residential dwelling units (24.2 acres - 6.Odu/acre) to 307 residential dwelling units (30.7acres - 10.Odu/acre),. • Providing a mix of 310 dwelling units on RMF-4, which surrounds the new school site. Planning Area M is specifically excluded in the Village at Avon PUD Guide from the total development rights currently approved. Therefore, this amendment includes the addition of 310 dwelling units (8.Odu/acre) to the previously approved 2,400 dwelling Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 4 of I I units for the Village (at Avon). Since the additional density is above what has been previously approved, Staff has recommended transit services be required for this development area combined with the school to mitigate the impacts and isolation from the rest of the Town of Avon. Action: The Planning Commission approves Resolution 03-14 after four public hearings, recommending approval to Council. Town Council approves Resolution 03-41 which denies the amendment. Surrounding Land Uses: The existing land use and zoning for the surrounding properties are as follows: • North: Un-platted USFS land • South: Medium-High Density Residential / Village at Avon PUD • West: Mixed Use / Village at Avon PUD • East: Mixed Use / Village at Avon PUD This application is a noticed public hearing with written notice provided to property owners within 300' of the subject property. To date staff has received no public comments regarding the applicant's requests. In addition to the required public notice, staff has transmitted the application material to the following agencies, with their comments summarized below: Eagle County School District Comments To date, staff has not received a response to our request for comments. Eagle River Water and Sanitation District To date, staff has not received a response to our request for comments. Colorado Department of Transportation To date, staff has not received a response to our request for comments. Eagle County Planning Department The one comment we would offer is that the school site is located some distance from existing ECO Transit routes. Since ECO Transit does not have the capability to provide transportation directly to the school site, we encourage the Town to ensure that alternative means to accommodate transit riders —school employees and students — will be available from the ECO Transit routes to the school. Eagle County Fire Protection District To date, staff has not received a response to our request for comments. Colorado Department of Wildlife To date, staff has not received a response to our request for comments. Eagle County Health Services District To date, staff has not received a response to our request for comments. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 E The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 5 of 11 ECO Trails Background: Since 1998, ECO Trails staff and Eagle Valley Trail Committee volunteers have been talking with Village at Avon representatives about accomplishing an east-west regional trail connection between Avon, Eagle-Vail and Vail. A route on the north side of the interstate was identified by the Committee and included in the adoption of the Eagle Valley Regional Trails Plan in 2001 by all six towns including Avon and Eagle County. The connecting route would involve state land, the USFS, and passage through Village at Avon Tract M and the RMF-1 parcel on the NE corner of 1-70 and Post Boulevard. The owner of the Village at Avon project has indicated in the past that he is interested in the Village project being bicycle and pedestrian oriented and has demonstrated his interest in making trail connections with recent improvements made on Swift Gulch Road and previously on Post Boulevard. Request: The current proposal is an opportunity to turn the discussion of the eastern trail connection route into reality. ECO Trails is prepared to work with the developer to make the trail project work and obtain the necessary approval from the USFS for the public trail to cross federal land on the existing roads and the approval necessary to cross State Land Board property on the east end. We request that the developer provide the easements across Village property and construct the full trail route as pledged in the past. The concept of the connection has been many years in discussion, and we would like to work together to make it reality. Proposed Amendments Attached to this report is a summary of the requested amendments (Attachment A) to the current PUD Guide document and the Development Plan as prepared by the applicant. The major amendments are detailed in the introduction section of this report. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following criteria shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The areas within the Comprehensive Plan that offer policy direction relative to the proposed land uses are the Future Land Use Plan, the District 7 (Village at Avon West District) and 9 (Village at Avon North Gateway District) special area policies, and the General Goals and Policies of the Plan. The Future Land Use Plan designates the proposed school site (Planning Area G), now planned as part, of Planning Area D in the current PUD, as high density residential. The area upon which the applicant has proposed the two separate ambulance and fire stations, currently approved as Planning Area N in the approved PUD, is designated by the Future Land Use Plan for use as a park. Based on these uses, the application is inconsistent in terms of land use and intensity. The subject properties are also located within District 7: Village at Avon West District, and District 9: Village at Avon North Gateway District (Attachment E). These special area policies don't address this type of land use other than to state that uses "should not compete with the Town Center in terms of size of buildings or intensity of development." Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 I The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 6 of I I The Comprehensive Plan also identifies several regional policy goals related to land use and development patterns that should be reviewed with respect to the proposed Village PUD amendment. The goals and policies that pertain are as follows, each with a review comment regarding this application's compliance: Goal CA: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year-round residential community and as a commercial, tourism and economic center. Review Comments: The changes proposed involve shifting the location and type of proposed development, including the relocation of Planning Area G, which is still planned to be designated as a school site but proposed to be situated in the northern, middle portion of Planning Area D, a higher density residential area with a maximum density of 18 dwelling units per acre. With the reduction in size of Planning Area D, from 20.5 acres to 13.2 acres, comes the concomitant reduction in the total number of dwelling units (calculated at 18 dwelling units per acre), from a maximum of 369 units down to a total potential of 238 dwelling units in Planning Are D. Since Planning Area D is now planned to be reduced in size and RMF-1 increased to more than double the size of Planning Area D, the proposed amendment does alter the current balance of the intensity of residential land uses in the Village at Avon PUD by substantially shrinking the largest neighborhood designated with a potential density of 18 dwelling units per acre. Likewise, with RMF-1 increasing from 24.2 acres to 30.5 acres, the character and density pattern changes as well. At a maximum of six (6) dwelling units per acre, the potential build- out of RMF-1 goes from a maximum of 142 dwelling units up to 183 dwelling units, thereby increasing the residential density of one of three (3) neighborhoods situated north of Interstate-70 by approximately 29%. The Village at Avon PUD is vested with a maximum build-out of 2,400 dwelling units (244 of which have already been constructed on Filing 2 as "Buffalo Ridge"), and this total will not change with the applicant's proposal. Also to be considered within the context of this criterion is the amendment to allow for separate fire station and ambulance station facilities as Special Review Uses in Planning Area N, a designated Community Park space. While staff does not disagree with the need for such facilities in the Village at Avon PUD, questions remain about why these two complementary service entities cannot be collocated in one facility to increase cost efficiency and occupy less land space. In this regard, a combined fire and ambulance station could be proposed in a location that is outside the community park space, thereby decreasing the likelihood of conflicts between park users and emergency vehicles, and placed in a location closer to the interchange, such as that presently occupied by Planning Area G. Also, the provision for Special Use Permits for such uses should not apply to all of Planning Area N and should be limited in geographical scope to one area if this part of the proposed amendment is approved. Goal F.11: Achieve a diverse range of quality housing options to serve diverse segments of the population. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 7 of 11 Review Comments: At present, 53.4% of the total acreage within the Village at Avon PUD is designated for lower density residential development (6 dwelling units per acre and less), and 3.6% is designated for between 18 and 25 dwelling units per acre. With the proposed amendments, the area which will provide higher density residential development decreases down to 2.9% of the total site area while the low density area increases to 54.1 % of the total site area. Given the significant decrease in the size of Planning Area D and the accompanying increase in size proposed for parcel RMF-1, the diversity inherent in the range of quality housing options to serve diverse segments of the population decreases. Planning Area D has a maximum allowable density equivalent to three times that of RMF-1 and will thus likely be the more affordable neighborhood of the two. In significantly decreasing the geographical size of Planning Area D and increasing that of RMF-1, the proposal does detract from the Town's role as a principal, year-round residential community by potentially decreasing the total amount of housing affordable to local families. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. No specific or detailed designs have been submitted with this proposal. Also, The Village (at Avon) Design Review Board governs design review for the entire PUD. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. No specific or detailed designs have been submitted with this proposal; however, there is concern over the affect the two proposed emergency response facilities would have on the designated community park. There does not appear to be enough room to buffer the proposed ambulance station site from the activities going on in the park, and this proposed Special Review Use would therefore detract from the character of the planned community park. The proposed Special Review Uses would also diminish the total area to be dedicated to the community park use. Also to be noted here: The Village (at Avon) Design Review Board governs design review for the entire PUD. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new uses and activities proposed as Special Review Uses in Planning Area N, in addition to their placement and accessibility, result in an unworkable and disharmonious relationship among surrounding uses. Locating two separate emergency facilities, whose sole function is to rapidly respond with emergency vehicles to local homes and businesses, in a designated community park seems counterintuitive from a land use planning perspective. The relationship between the activities inherent inside a community park, and the need for an emergency vehicle to get out of the park, is at fundamental odds. If Planning Area G is to be relocated, irrespective of this application, a portion of the site vacated by the designated school use could be well utilized as the location for a combined emergency response station. Co-locating the two complementary emergency facilities in a highly accessible location would the optimal alternative within the context of this criterion. Also pertinent under this criterion are the Special Review Use (SRU) criteria because the applicant is proposing to make the fire and ambulance district stations Special Review Uses in Planning Area N. The criteria for review, recommendation, and approval of an SRU are Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 M The Village at Avon, PUD Amendment November 21, 2006 Manning & Zoning Commission meeting Page 8 of 11 far less restrictive under the Village PUD Guide in terms of design and public benefit criteria when compared to the criteria outlined in the Avon Municipal Code. For this reason, staff does not support the request for the emergency service uses throughout Planning Area N, but instead supporting the uses within Tract E only. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. In regard to the site proposed for the relocation of Planning Area G, since the planning and engineering staffs have not received pertinent information requested to adequately review this proposal, including a site-specific geological investigation report, a well-informed recommendation on this criterion cannot be made at this time. With the information received to date, locating the school atop a hilly contour created by the storage of a large quantity of uncontrolled fill materials and utilizing the proposed access road would not be an advisable decision. According to the Town of Avon Engineering Department, "While 16.16.050 of the Avon Municipal Code does list the USDA soils report as an option for classifying the existing soil types, the Town of Avon Engineering staff is of the opinion that due to the significant amount of "uncontrolled" and thereby unconsolidated fill that has been placed at the proposed school site, a geotechnical investigation should be completed and its report submitted along with the PUD amendment and sketch plans to reduce future complications in the development approval process. The USDA report is not equivalent to a geotechnical investigation report by a licensed professional geotechnical engineer that provides structural engineering properties of the soil required for roadway, infrastructure, and building development." There are too many unknowns with the proposed school site that may not be unearthed until site-specific investigations are performed; information which may prove the subject land unsuitable for a large school site or require variances to make it workable. Please refer to the attached aerial photographs (1998, 2004, and 2005), which depict the changes in conditions relative to the fill material placed on the subject site from the development of the Home Depot and Wal-Mart sites. (Attachment H). 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Within Planning Area N to the west of Tract F, a natural riparian area currently exists. Since the applicant has not provided detailed information regarding the precise placement of the proposed fire station to be located on Tract F, staff has not been able to analyze the potential negative impacts of the proposed use upon this criterion. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. In regard to the proposed school access road and its impact on vehicular and pedestrian circulation patterns in the PUD as a whole, a site-specific trip generation and traffic study is necessary to adequately understand the proposed road's functionality. Some type of traffic control device may be necessary in order to mitigate wait times and allow for the unimpeded flow of traffic. School buses entering and exiting the proposed school site on the one access road will likely experience and cause significant delays. Also of concern is the cul- de-sac created by the proposed school access road and its lack of connectivity to the rest of the neighborhood road systems as it precludes the option for a second means of egress in case of emergency. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 IN The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 9 of I I 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Landscaping and open space associated with the proposed amendment have not been planned beyond a conceptual level. Additionally, the Village at Avon Design Review Board governs design review for the entire PUD. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. No phasing plan has been submitted, and phasing of public improvements will be coordinated through the subdivision review process. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. The appropriate public service entities have submitted letters stating that they are willing to service the areas subject to this amendment. The roadway alignments and public transit demands have not yet been reviewed in sufficient detail to calculate the demands created by this development. As pointed out by the Eagle County Planning Department in their comments dated November 8, 2006, the proposed school site is a significant distance from existing ECO Transit routes. Completion of the subdivision review process will allow staff to review the adequacy and costs associated with the provision of other public services as well. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The road and street improvements will be reviewed through the subdivision process. 12. That the PUD or amendment to PUD requested provides evidence. of substantia' compliance with the following public purpose provisions, as outlined in Section 17.28.085 of the Avon Municipal Code: A. The application demonstrates a public purpose, which the current zoning entitlements cannot achieve. While there is a public purpose to locating a fire and ambulance station inside the boundaries of the Village at Avon PUD, the proposed location for two separate facilities are not optimal, nor is the premise that each entity must have its own separate facility. The current zoning entitlements could be modified in a more efficacious manner to achieve a broader public purpose, one with a better location and higher cost efficiency for the community as a whole. B. Approval of the zoning application provides long term economic, cultural or social community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights. The potential adverse impacts of the proposed locations for the new Special Review Uses, as outlined above, would outweigh any long-term economic, cultural or social benefits to be realized in association with this aspect of the subject application. However, if the proposed Special Review Uses were to be better situated in terms of accessibility in the Village at Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 a The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 10 of I I Avon PUD, and combined into one shared facility, the elements of this criterion would be met. C. The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents. The applicant has proposed two very specific locations (see Attachment A) for the two proposed special review uses, and this aspect of the application results in a lack of flexibility, which detracts from this criterion. The rigidity of the applicant's proposal with regard to the proposed geographic location of the two Special Review Uses does not result in better siting of the development, the preservation of valued environmental and cultural resources, nor will it increase the amount of public benefit consistent with the community master plan documents. Staff Recommendation Staff recommends to the Avon Town Council approval of Resolution 06-17 DENYING the request to relocate Planning Area G, pursuant to the review of the criteria found in the PUD Design Criteria section of this report. Staff is unable to develop a favorable recommendation for this request given the significant amount of "uncontrolled" and thereby unconsolidated fill that has been placed at the proposed school site, and the lack of an on site geotechnical investigation report to reduce future complications in the development approval process. Furthermore, according to Section 4.3 (f) of the Annexation and Development Agreement and Chapter 16.50.010 of the A.M.C., the Town of Avon is a responsible party if, or when, the dedication of the school site should occur. Given the lack of detailed soils information, in light of the change in conditions over the last eight years, there may be unnecessary exposure for the Town should an on site soils report find that the site is unsuitable for a school and the proposed access to the subject site, or possibly other uses as well. However, should the Avon Town Council choose to approve the subject request for an amendment to the Village at Avon PUD in order to relocate Planning Area G to the proposed location, staff recommends the Council attach the following Conditions of Approval to any such motion: 1. That a site-specific geological investigation be performed by the applicant and submitted to the Town of Avon concurrently with an application for Preliminary Plan Subdivision; 2. That the proper infrastructure and subdivision requirements for dedication of the school site to the school district be completed within six months of approval of the proposed amendments in order ensure an expeditious transfer; 3. As depicted on the Village at Avon PUD Development Plan, the applicant shall be obligated to construct the pedestrian bridge across Interstate 70 prior to the issuance of a certificate of occupancy for the school; and 4. That the proposed access road to the new school site location be reconfigured to avoid the cul-de-sac created by the applicant's current submittal at the time a Sketch Plan Subdivision application is submitted to the Town of Avon Community Development Department. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 M The Village at Avon, PUD Amendment November 21, 2006 Planning & Zoning Commission meeting Page 11 of I I Z� Staff recommends approval to the Avon Town Council of Resolution 06-18 CONDITIONALLY APPROVING the request to allow emergency services within Planning Area N as Special Review Uses, pursuant to the criteria and findings found in the PUD Design Criteria section of this report and subject to the following conditions: 1. Emergency Service uses shall be housed in a combined facility limited to Tract "E", located within Filing 3 of the Village at Avon Subdivision; 2. The development agreement language is amended to the satisfaction of the Town Attorney; and 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Staff's rationale for defining a specific location, Tract E, for co-located emergency services uses is based on the following: (1) the relatively broad request to allow these services throughout Planning Area N; (2) the less restrictive SRU criteria found within the Village PUD Guide compared with the SRU criteria found within the A.M.C.; (3) the locations proposed for the new Special Review Uses would result in an unworkable and disharmonious relationship among surrounding uses and activities in the presently approved, designated community park known as Planning Area N. Although the applicant claims that the plat for Tracts E & F, which are the proposed locations of the fire and ambulance stations, respectively, allows for the uses proposed by the applicant, the plat does not specify any use provisions and only defers to the Village at Avon PUD guide, which likewise does not contain any language specifying designated uses for Tracts E and F. If you have any questions regarding this project or any planning matter, please call me at 748- 4002, or stop by the Community Development Department. Respectfully submitted, Matthew R. Gennett, AICP Senior Planner Report Attachments: A. Applicant's Proposal B. Agency Referral Comments C. Town of Avon Engineering Comments D. Future land Use Map, Town of Avon Comprehensive Plan E. District #7and #9, Town of Avon Comprehensive Plan F. Chapter 16.50 Avon Municipal Code G. Section 4.3 (D VAA Annexation and Development Agreement H. Vicinity Maps I. Resolution No. 06-17 & Resolution No. 06-18, Series of 2006 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 N 11/0812006 18:37 970-328-3539 ECO TRANSIT COEXHIBIT B trails • ®® ®® •. ®• ®• ® ®,,• ®• ® ®• ®, ®• eagle county regional trails SYStsm November 8, 2006 Town of Avon Community Development Department Attn: Matt Gennett PO Box 975 Avon, Colorado 81620 Amendment to the Village at Avon PTJD / case No. z-pU2006-2 am Dear Matt, development review comments from ECO Trails regarding the Village at Avon Thank YOU for requesting d - proposal. My comments are summarized below' Background: volunteers have been talking with Village 0 Trails staff and Eagle Valley Trail Committee vol t ection between Avon, Eagle- since 1998, EC glonal trail conn representatives about accomplishing an east-west re identified by the Committee and included in at Avon TePT n the north side of the interstate was identi on and Eagle Vail and Vail. A route 0 Regional Trails plan in 2001 by all six towns including Avon the adoption of the Eagle Valley would involve state land, the Pos S, and passathrouVillage at Avon The owner of tbe Village at CountyThe connecting route orner of 7 and Boulevard- Tract M and the RMF_l parcel on the NE corner in the Village project being bicycle and Avon project has indicated in the Past that he is connections with recent pedestrian oriented and has demonstrpaad 1is inter aWIft Gulch and previously on Post Boulevard. improvements made on S Request: an opportunity to turn the discussion of the, eastern trail connection route into e trail JeCt work and obtain the The current 'proposal is to make th PrOJ reality, ECO Trails is prepared to work witublictrrail lopval from the UsS for the p to Cross federal land on the existing rod yelodehe necessary appro oss State Land Board property on th��E t en���bute e r approval necessary to cross Village property and construct ull as pledged in the past. The provide the easements ac - discussion, would like to work together to make concept of the connection has been many years In ussion, and we wo it reality. Please do not hesitate to contact nee if you have any questions. Sincerely, �A 11 Ellie Caryl ECO Trails program Manager cc: ECO Eagle Valley Trails Committee Authority (ECO) Board Eagle County Regional Transportation nities of Gypsum, jEagle, Avon, Vail, Minturn, Red Cliff ECO Trails; the comrrmunit /es together to create 0 regional trail sYstem - - - - and Eagle County WO -3523 fax, 970/328-3539 eco@esolecount - __. 11A... 0� '4 P(l Box 1070, Gypsum. CO 81637 tel: 97o/328 COMMUNITY DEVELOPMENT DEPARTMENT (970) 328-8730 FAX: (970) 328-7185 Email: comdev@eaglecounty.us www.eaglecounty.us 8 November 2006 Town of Avon Community Development Attn: Matt Gennett, AlCP P. O. Box 975 Avon, Colorado 81631 E-AV 3 L E COUNTY RE: The Village at Avon PUD Amendment and PUD Development/Sketch Plan Eagle County File No. IAR-00 195 Dear Matt: Thank you for your referral of the proposed Amendment to The Village at Avon PUD which would establish sites and processes to provide a revised locations for [I] a school site for the Eagle County School District [2] a site for the Eagle River Fire Protection District, and [3] a site for the Eagle County Health Service District. We are pleased to note that, based on the information provided, the Districts that would benefit from the respective sites are in agreement with the proposed locations. The one comment we would offer is that the school site is located some distance from existing ECO Transit routes. Since ECO Transit does not have the capability to provide transportation directly to the school site, we encourage the Town to ensure that alternative means to accommodate transit riders — school employees and students — will be available from the ECO Transit routes to the school. Thank you again for allowing Eagle County an opportunity to respond to the referral. Please let us know if we can be of further assistance. Since Joseph Forinash, AICP Planner Cc: Board of County Commissioners Bruce Baumgartner, County Administrator Keith Montag.. Director of Community Development Bob Narracci, Planning Manager G:\PLANN'ER FIL,ES\Joe\CurrentP]anning\lDterAgencyReviewNI A R 00195 VillageAtAvon,,Response.doc Eagle County Building, 500 Broadway, P.O. Box 179, Eagle, Colorado 81631-0179 I'D am A1110A EAGLE COUNTY Arm HEALTH SERVICE DISTRIC] November 16, 2006 Matthew R. Gennett, AICP Senior Planner Town Of Avon Community Development PO Box 975 Avon, Co 81620 Dear Mr. Gennett: 1055 EDP ARDS Vll,!,A(;i Bivu. Poo i 0ri-ici- Bk)\ 990 EI)WARDS, 0110RADO 8](132 Op,,.iki :970926-52,10 FAX:910920-5_13z; RECEIVED NOV 1 20,06 Community Development WV" . 1-C! N).O!,(S Please excuse our delay in replying to the PUD amendment submitted by Traer Creek, LLC for the Village at Avon project. The District is in full support of the PUD amendment, and finds the proposed site workable as an ambulance facility. As you are aware, we have been searching for a site to locate an ambulance facility in the Avon for over eight years this proposed site fits our needs. It will reduce our response time to this rapidly growing service area by three to five minutes, and provided much better service to the citizens and guests of Avon, Wildridge, Minturn, Eagle-Vail, and motorists on Interstate 70. The proposed site is almost exactly between our Vail and Edwards facilities which will give the District incredible flexibility in positioning ambulances for response District wide. As necessary we can actively position ambulances based on call expectations, and starting from a central point allows us to be as close to the "next" call as we can reasonably predict. Thank you for giving us the opportunity to comment and if you have any questions do not hesitate to contact me. Sicn�c 'd L,4 ml Morrison, Ge neral Manager Z- nlltx� A C(T EN] i!F0 ilftwwwao M E-ACT'LE C'OUNTY HEALTH SERVIC-T DISTRIkC-T September 22, 2005 Mr. Chris Evans, Chairman, and P&Z Commissioners Planning & Zoning Commission Town of Avon PO Box 975 Avon, Colorado 81620 Mr. Ron Wolfe, Mayor, and Town Council Members Avon Town Council Town of Avon PO Box 975 Avon, CO 81620 Dear Town Council Members and P&Z Commissioners: P , : � ; ECEW�T N 0 V 1 0 It F A Community i. "Ieveloprnenl The Eagle County Health Service District (ambulance district) supports the recently proposed amendment to the Planned Unit Development agreement for the Village at Avon (Traer Creek). This amendment would permit the District to locate an additional ambulance station on .76 of an acre located near the 1-70 interchange donated by the developer, Traer Creek. The District has been actively pursuing a new site in the Avon area for the past 8 years. We believe the site offered by Traer Creek is ideally suited for the Avon station and that we should act on the opportunity. The proposed facility will include offices and quarters for the District, a community room for use by other agencies, as well as bays for ambulances. This third facility will complement the two existing emergency medical stations for the District, which are 14 miles apart. It will be midway between the existing Vail and Edwards locations. This area's growing population clearly demands timely ambulance and advanced life support capability. Currently, the District's response times to calls from the Avon area are between 5 and 10 minutes, depending upon which station is responding and whether other calls are in progress. A station at the location offered by the developer will reduce this response time by about 3-6 minutes and help ensure consistency when other calls in the District are in n-roaress. an increasingly common occurrence. Such a reduction can literally mean the difference between life and death. Further, there have been a steadily increasing number of occasions when units from both Vail and Edwards station were responding to calls when another call was received. Currently, this would give us a choice between dispatching an ambulance from the other end of the county via mutual aid or delaying the response until a District ambulance was available. Either case would result in a longer response time and both alternatives would be significantly reduced by the addition of the third station. Since 1998, when the District first proposed the need for a station in the Avon area to the Avon Town Council, the number of ambulance runs has increased approximately 20%. The majority of that increase has been west of Dowd Junction, mainly in the Avon and Edwards areas. Operating a third 24-hour crew from a new facility at the Village at Avon will clearly result in improved services to central Avon, Wildridge, Mountain Star, and Eagle-Vail, as well as the Town of Minturn. The Council is well aware of demographic projections for Eagle County and this station will address the need for today and the foreseeable future. In the interest of public safety for our citizens and guests, the Eagle County Health Service District Board strongly urges both Avon Planning and Zoning Commission and the Avon Town Council to approve the proposed amendment so that we can begin construction of the third ambulance facility as soon as possible. Respectfully: Larry Brooks, MD Reg Franciose, MD John "JP" Power HEART of the VALLEY kul To: From: Cc: Date: Re: MEMORANDUM Matt Gennett Shane Pegram; Jeff Schneider Eric Heidemann; Norman Wood November 2, 2006 The Village PUD Amendment COMMENTS: The following comments are in response to our review of the above referenced plans. While 16.16.050 of the Avon Municipal Code does list the USDA soils report as an option for classifying the existing soil types, the Town of Avon Engineering staff is of the opinion that due to the significant amount of "uncontrolled" and thereby unconsolidated fill that has been placed at the proposed school site, a geotechnical investigation should be completed and its report submitted along with the PUD amendment and sketch plans to reduce future complications in the development approval process. The USDA report is not equivalent to a geotechnical investigation report by a licensed professional geotechnical engineer that provides structural engineering properties of the soil required for roadway, infrastructure, and building development. 2. The Avon Municipal Code and Village at Avon PUD Guide limits the radius of curves in Local roadways south of I -70 to 100 feet. It appears that the horizontal curve radius has not been provided on the conceptual roadway plans. 3. It appears there is a typographical error in the title block of the conceptual roadway plans; the word "Parcel" is misspelled. 4. The conceptual roadway plan should possibly include a separated bicycle path with a minimum width of 8 -feet to provide for improved bicycle and pedestrian access to the proposed school site. 5. It appears that the access road to the proposed school site would be considered a cul -de sac. A 50 -foot radius bulb has not been provided at the road termimis at the proposed school site. Furthermore, Section I.5.(b).(v) of the Village at Avon PUD Guide states that cul -de -sacs shall not service commercial uses. For purposes of roadway design, the proposed school would be considered a commercial use. C:`.Documents and Settings\mgennett\Local Settings\Temporary Internet files \OLK115 \The Village PUD amendment t comments 10- 30- 06.doc t 6. Per Avon Municipal Code 16.40.060 (b), rights -of -way widths shall be increased or easements provided as necessary to include all cut and fill slopes necessary for road construction and maintenance. The proposed school access road will require large easements or rights -of -way that may inhibit future development. 7. It appears that site disturbance from the proposed access road construction is excessive in order to meet maximum grade requirements. If you have any questions regarding these comments, please contact me at 748 -4114. C: \Documents and Settings \mgennett\Local Settings\Temporary Internet Files \OLK115 \The Village PUD amendment comments 10- 30- 06.doc ( \ \ / \ 42 ;o wi d4. FDWUI C m Town District Planning Principles Vehicular and Pedestrian Crossing Roundabout Screening District 7: Village at Avon West District The Village at Avon Village West District is a pedestrian - oriented mixed -use extension of the Town Center Districts with commercial, residential, lodging, educational, and cultural /recreational uses including an ice - skating /events center. The site is characterized by good visibility from I -70, gentle topography, and proximity to the East Town Center District. In order to create a unified and cohesive framework and community image, building and site development elements as well as public design elements such as street alignments, streetscape furnishings, signage, and lighting must be coordinated between the Village at Avon developer and the Town. Town of Avon Comprehensive Plar, N 1 Town District Planning Principles District 9: Village at Avon North Gateway District The Village at Avon North Gateway District is primarily a high - quality residential neighborhood. It is intended to provide for residential development and a large community park. The northern frontage road through this district will provide an important east -west connector on the north side of I -70 linking Post Boulevard and Avon Road and connecting Buffalo Ridge to the rest of the Town. The district is highly visible from 1 -70 and thus presents a strong influence on Avon's identity. Additionally, the area will serve as the gateway to the Village at Avon Northern Residential District. While Buffalo Ridge residential area is relatively isolated from other community commercial and service areas, efforts must be made to integrate it into the vitality of the Town. The elevated topography on either side of 1 -70 offers the possibility to construct a pedestrian overpass that would directly link this area with the Village at Avon East and West Districts and thereby the rest of the town. The school use currently approved for the district may be more appropriate elsewhere in the Village at Avon Planned Unit Develop. This will be evaluated as amendment proposal are brought forward for review. Town of Avon Comprehensive Plan Page 86 Subdivisions — School Site Dedications EXHIBIT E CHAPTER 16.50 School Site Dedications 16.50.010 Purpose. It is declared to be the policy of the Town that whenever there is an annexation of property into the Town for residential development purposes, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this Chapter to require the dedi- cation of land or the payment of fees in lieu thereof directly for the benefit of the school children of the Town. (Ord. 94 -1 § I (part)) 16.50.020 School land dedication or cash in lieu thereof. (a) Whenever an annexation of land occurs for residential subdivision, the owner shall allocate and convey school sites to the Town when they are reasonably necessary to serve the proposed subdi- vision and future residents thereof by the applica- tion of the formulas set forth below: (1) Single - family and duplex or primary secondary: Number of units x .014495 = dedi- cation requirement in acres. (2) Multi- family: Number of units x .00267 6 = dedication requirement in acres. (b) Upon request of Eagle County School Dis- trict RE 50J ( "the school district "), the Town shall convey any school sites or site to the school dis- trict. Upon determination by the Town, with rec- ommendations from the school district, that any school site is not reasonably necessary to serve the proposed subdivision and future residents thereof, the same may be used for municipal purposes. (c) When sites for schools are not reasonably lit CS ctr to SLI -,,-c the pr opowd subd I'. is n and future residents thereof, the Town, with recom- mendations from the school district, may require, Section 16.50.010 in lieu of such conveyance of land, the payment of an amount not to exceed the fair market value of such sites for schools. The spending of any fees collected under this Chapter shall be determined by the Town with recommendations from the school district. (d) Fair market value means the current fair market value of unimproved land in the area and shall be set by the Council on a per -acre basis. If the subdivider does not accept such valuation, it may submit a report by a qualified appraiser. If one is submitted, the Council shall review the report and determine the value of the land, which determination shall be final. (Ord. 98 -9 §1; Ord. 94 -1 § 1(part)) 16.50.030 Application. This Chapter shall apply only to land annexed to the Town after February 1, 1994. The Town Council finds and determines that adequate school sites have been dedicated to serve all land located within the Town on that date. (Ord. 94 -1 § 1(part)) 16.50.040 Town exempted. The Town is exempted from the requirements of this Chapter. (Ord. 94 -1 § I (part)) Enforcement and Penalty 16.52.010 Enforcement. It shall be the duty of the Town Council, or its duly appointed representative, to enforce the provi- sions of these regulations. No final plat of a subdi- vision shall be approved by the Town Council unless it confonns to the provisions of these regu- lations. (Ord. 7/9-9 §2.03.01) 16 -37 Supp. 3 snowplowing, or (ii) a two -lane paved general circulation road, in which case the Swift Gulch Road Improvements shall be constructed, within one (1) year after receipt of such written notice from the Town Council, with grades not exceeding ten percent (10 %), and otherwise in accordance with the road standards set forth in the PUD Guide. (d) When required for actual use by the Town, or earlier if determined by Owner or the applicable District, Owner or the Districts shall convey to the Town one or more parcels of land south of Interstate 70 (up to a maximum of three (3) parcels, the actual number of which shall be designated by the Town within ninety (90) days after request from Owner or the applicable District to do so) aggregating approximately four (4) buildable acres, provided that no such parcel shall be larger than two (2) buildable acres, the locations. of which shall be designated by Owner or the applicable District, to' be used exclusively for the Town's construction and operation of a public works facility and fire station (collectively) the "Public Works Dedication"). Such construction and operation shall comply with the terms of the Development Plan and architectural standards and design guidelines established by the Design Review Board. At least ninety (90) days prior to commencing construction of any improvements on any such site or sites, the Town shall deliver to the Design Review Board copies of plans for such improvements. Owner or any District may at its sole option and at, its sole expense, upgrade all or any portion of the exteriors of such improvements. (e) Owner shall remit to the Town, within thirty (30) days after Final Approval has occurred, an amount sufficient to reimburse or pay the Town for all third -party consultant fees and expenses actually incurred by the Town in reviewing, analyzing and approving annexation of the Property to the Town and- satisfying all conditions set forth. in Section 2.2 through and including the date of Final Approval, including, without limitation, legal, accounting, engineering and other consulting fees and expenses and all application, processing and other fees charged by the Town in connection with considering and approving all matters contemplated in this Agreement through and including the date of Final Approval, provided, however, that under no circumstances shall the liability of Owner under this subsection (e) exceed $50,000.00 in the aggregate. The Town shall deliver to Owner a statement itemizing all of the foregoing fees, expenses and charges in reasonable detail. (1), As .and when required, Owner shall make any conveyance of land or cash in lieu thereof in compliance with the Town's school site dedication'requirements in effect as' of the date of this Agreement (the "School Site Dedication'); provided, however, that notwithstanding anything to the contrary set forth in the Municipal Code or any other statute, ordinance, regulation or the like, any conveyance of land made in whole or partial satisfaction of the School Site Dedication shall be used exclusively for school, outdoor recreation, parks or open space purposes and for no other use or purpose (including municipal purposes) without the Town having first obtained Owner's written consent, which consent may be given or withheld in Owner's sole'diseretion. Any such use shall comply with' the terms of the Development Plan and shall be subject to review by the Design Review Board (g) 'Subject to all required rights -of -way, permits, and approvals having been obtained, one or both Districts shall cooperate with the Eagle -Vail Metropolitan District or other appropriate entity in construction of the two roundabouts listed below; and shall fund to the appropriate entity fifty percent (50 %) of the costs incurred by such entity. in constructing a W:M.1, XACUW 11111111111111111111111111111 IN 111111111111111111 IN 677743 11/25/1998 01:05P 27 Sara Ffshar 12 of 36 R 181.00 D 0.00 N 0.00 Eagle CD Zoning — Special Review Use b. Phases in which the project may be developed and the anticipated rate of development, c. The date of completion of the project; (6) Any agreements, provisions or cove- nants to be recorded, (7) Restoration or reclamation plans shall be required for all uses requiring extensive grad- ing, for extractive uses and may be required for other uses as necessary; (8) A statement regarding any provisions for proper ongoing maintenance of the use and site which shall be provided; (9) Any additional materials, which, in the opinion of the administrator, are necessary to adequately review the application. (Ord. 91 -10 § 1(part)) 17.48.040 Criteria for review, recommendation and approval of special review uses. The staff and the Planning and Zoning Commis- sion shall consider the following criteria when evaluating an application for a special review use permit. (1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code; (2) Whether the proposed use is in confor- mance with the Comprehensive Plan; (3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, light; ng traffic Safety etc. Supp. 6 Section 17.48.030 (4) That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 1728.085. (Ord. 05 -03 §3; Ord. 91 -10 § I (part)) 17.48.050 Amendments to special review use permit. No approved special review use may be modi- fied, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the Plan- ning and Zoning Commission, which shall be obtained by repetition of the granting procedures provided in this Chapter. (Ord. 91 -10 §1 (part)) 17.48.060 Special rules governing special review use permit for home occupation/child day care home in duplex and multifamily dwelling units. (a) The provisions of this Section apply in cases in which a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multifamily dwelling unit where the occupants of such dwelling units share a common wall. (b) When a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multifamily dwelling unit where the occupants of such dwelling units share a common wall, in addition to the submittal requirements set forth in Section 17.48.030, the applicant shall also submit to the Department of Community Development the following: 17-54 (1) In the case of an applicant living in a duplex dwelling unit, the applicant shall submit the written consent of the owner of the neighboring unit within the duplex to a licensed child day care home. (g) Restoration or reclamation plans shall be required for all uses requiring extensive grading, for extractive uses, and may be required for other uses as necessary; (h) A statement regarding any provisions for proper ongoing maintenance of the use and site which shall be provided; (i) Any additional materials, which, in the opinion of the Director of Community Development, are necessary to adequately review the application. 4. Criteria for Review. Recommendation. and ARRroval of Special Review Uses. The staff and the planning and zoning commission shall consider the following criteria when evaluating an application for a special review use permit: (a) Whether the proposed use otherwise complies with all requirements imposed by the Development Plan; (b) Whether the proposed use is in conformance with the Design Review Guide; (c) Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design, and the control of any adverse impacts including noise, dust, odor, lighting, traffic, saf ety, and other similar Development Standards. Amendments to Special Review Use Permit. No approved special review use may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the planning and zoning commission, which shall be obtained by repetition of the granting procedures provided in this Section G. H. AMENDMENT PROCEDURES 1. General. (a) Amendments to the Development Plan may be processed by the Town either formally or administratively. (b) During the term of the vested property rights created by this PUD Guide, no amendment to or variance from the terms of the Development Plan, and no application for rezoning of all or any part of the property included within The Village (at Avon) PUD, shall be accepted for processing, or approved, or undertaken by the Town of Avon without the prior written 11111111111111111111111111011111 HIM III IIIII 1III 111 11 Village at Avon - Filing 3, Tract E EXHIBIT H C3Tract E Property Boundaries m Village at Avon - Filing 3, Tract F TractF Property Boundaries A 13 V0 ON TOWN OF AVON _ RESOLUTION NO. 06-17 A RESOLUTION RECOMMENDING APPROVAL, WITH CONDITIONS, OF A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD TO RELOCATE PLANNING AREA G, WHICH IS AND WILL REMAIN DESIGNATED FOR A SCHOOL TO BE OPERATED BY THE EAGLE COUNTY SCHOOL DISTRICT FROM PLANNING AREA RFM -1, FILING 3, VILLAGE AT AVON SUBDVISION TO PLANNING AREA D, FILING 1, VILLAGE AT AVON SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED SEPTEMBER 6, 2006. YY HEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; -and YY HEREAS, the proper posting, publication and public notices for a hearing on November 21, 2006 before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and HEREAS, said application complies with the following Town of Avon Comprehensive Plan's Goals, as required by section 17.20.1 10h(1) of the Avon Municipal Code: 1. Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon's identity as both a year - round residential community and as a commercial, tourism and economic center. 2. Goal F.1: Achieve a diverse range of quality housing options to serve diverse segments cif the population. WHEREAS, said application complies with the following additional PUD review criteria set forth in Section 17.12.1 10(h) of the Avon Municipal Code: 1. Identification and mitigation or avoidance of'natural and /or geologic ha-zards that of f ct the property upon which the PUD is proposed 117.20.110h(5)J. 2. A circulation system designed for both vehicles and pedestrians addressing on and off site traff is circulation that is compatible with the Town Transportation Plan 117.20.110h(7)J. 3. Adequacy ofpublic services such as sewer, water, schools, transportation s.istems, 1-oads, parks, and police and fire protection 117.20.110h(10)J. WHEREAS, this PUD Amendment provides evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code, NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval, with conditions, to the Avon Town Council for the amendment of the Village at Avon PUD, Filings I & 3, application dated September 6, 2006, with the following conditions: 1. The applicant shall provide the Town of Avon Community Development and Engineering Departments a site specific geological investigation (soils report), within twelve (12) months, which demonstrates, to the satisfaction of Town Staff, the suitability of the subject site for an elementary school as proposed in the applicant's request dated September 6, 2006. ADOPTED AND REAFFIRMED THIS 21st DAY OF NOVEMBER, 2006 Signe : �— Chris Evans, Chair Attest: � tvx Phil Struve, Secretary Date: 1 Date: /r` ./ -- AVON TOWN OF AVON ( uLuk anti PLANNING & ZONING COMMISSION A RESOLUTION RECOMMENDING APPROVAL, WITH CONDITIONS, OF A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD TO ACCOMMODATE TWO SEPARATE FICILITIES FOR THE EAGLE COUNTY HEALTH SERVICES DISTRICT AND THE EAGLE RIVER FIRE PROTECTION DISTRICT WITHIN PLANNING AREA N, FILING 3, THE VILLAGE AT AVON SUBDIVISION, AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED SEPTEMBER 6, 2006. WHEREAS, Dominic Mauriello, on behalf of Traer Creek LLC, has filed an application to amend the existing Planned Unit Development ( "PUD ") for the Village at Avon PUD; and WHEREAS, the proper posting, publication and public notices for a hearing on November 21, 2006 before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, said application complies with the Town of Avon Comprehensive Plan's Goals, as required by section 17.20.1 10h(1) of the Avon Municipal Code. WHEREAS, said application complies with the PUD review criteria set forth in Section 17.12.1 10(h) of the Avon Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends conditional approval to the Town ColmCil for the amendment of the Village at Avon PUD, Filings. 3, applicati r, dated September 5, 2005, ,with the "outlying cci.ditions: 1. Emergency Service uses shall be housed in a combined campus of approximately 1.5 acres, allowing separate fire and ambulance district structures utilizing a Minor Subdivision Plat immediately adjacent to Swift Gulch Road and Tract G located in Filing 3; 2. The development agreement language is amended to the satisfaction of the Town Attorney; 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval; and 4. Emergency service uses shall be permitted uses in Planning Area N in the specific area defined by the Planning and Environmental Commission in the public hearing held on November 21, 2006. ADOPTED AND REAFFIRMED THIS 21st DAY OF NOVEMBER, 2006 Signed,- � r Date: Chris Evans, Chair Attest: Date: / r Phil Struve, Secretary November 16, 2006 Matthew R. Gennett, AICP Senior Planner Town Of Avon Community Development PO Box 975 Avon, Co 81620 Dear Mr. Gennett: RECEIVED NOV 1 6 "20306 Community Development Please excuse our delay in replying to the PUD amendment submitted by Traer Creek, LLC for the Village at Avon project. The District is in full support of the PUD amendment, and finds the proposed site workable as an ambulance facility. As you are aware, we have been searching for a site to locate an ambulance facility in the Avon for over eight years this proposed site fits our needs. It will reduce our response time to this rapidly growing service area by three to five minutes, and provided much better service to the citizens and guests of Avon, Wildridge, Minturn, Eagle-Vail, and motorists on Interstate 70. The proposed site is almost exactly between our Vail and Edwards facilities which will give the District incredible flexibility in positioning ambulances for response District wide. As necessary we can actively position ambulances based on call expectations, and starting from a central point allows us to be as close to the "next" call as we can reasonably predict. Thank you for giving us the opportunity to comment and if you have any questions do not hesitate to contact me. ACCREID! I '44WOWN30 a E'Al C T EALTH SERVICE L"IS TRIC September 22, 2005 Mr. Chris Evans, Chairman, and P&Z Commissioners Planning & Zoning Commission Town of Avon PO Box 975 Avon, Colorado 81620 Mr. Ron Wolfe, Mayor, and Town Council Members Avon Town Council Town of Avon PO Box 975 Avon, CO 81620 Dear Town Council Members and P&Z Commissioners: 1- - P- NOV Communkv �r;t -qi -1 , The Eagle County Health Service District (ambulance district) supports the recently proposed amendment to the Planned Unit Development agreement for the Village at Avon (Traer Creek). This amendment would permit the District to locate an additional ambulance station on .76 of an acre located near the 1-70 interchange donated by the developer, Traer Creek. The District has been actively pursuing a new site in the Avon area for the past 8 years. We believe the site offered by Traer Creek is ideally suited for the Avon station and that we should act on the opportunity. The proposed facility will include offices and quarters for the District, a community room for use by other agencies, as well as bays for ambulances. This third facility will complement the two existing emergency medical stations for the District, which are 14 miles apart. It will be midway between the existing Vail and Edwards locations. This area's growing population clearly demands timely ambulance and advanced life support capability. Currently, the District's response times to calls from the Avon area are between 5 and 10 minutes, depending upon which station is responding and whether other calls are in progress. A station at the location offered by the developer will reduce this response time by about 3-6 minutes and help ensure consistency when other calls th in — the F)istric' are in progress, an increasingly common occurrence. Such a reduction can literally mean the difference between life and death. M Further, there have been a steadily increasing number of occasions when units from both Vail and Edwards station were responding to calls when another call was received. Currently, this would give us a choice between dispatching an ambulance from the other end of the county via mutual aid or delaying the response until a District ambulance was available. Either case would result in a longer response time and both alternatives would be significantly reduced by the addition of the third station. Since 1998, when the District first proposed the need for a station in the Avon area to the Avon Town Council, the number of ambulance runs has increased approximately 20%. The majority of that increase has been west of Dowd Junction, mainly in the Avon and Edwards areas. Operating a third 24-hour crew from a new facility at the Village at Avon will clearly result in improved services to central Avon, Wildridge, Mountain Star, and Eagle-Vail, as well as the Town of Minturn. The Council is well aware of demographic projections for Eagle County and this station will address the need for today and the foreseeable future. In the interest of public safety for our citizens and guests, the Eagle County Health Service District Board strongly urges both Avon Planning and Zoning Commission and the Avon Town Council to approve the proposed amendment so that we can begin construction of the third ambulance facility as soon as possible. Respectfully: Donna Barnes, RN, President Larry Brooks, MD Reg Franciose, MD Karen Woody John "JP" Power M Attachment G November 17, 2006 Mr. Eric Heidemann Director of Community Development Town of Avon 400 Benchmark Road Avon, Colorado 81620 Re: The Village at Avon PUD Amendment Dear Eric, Thank you for the opportunity to comment on the Village at Avon PUD Amendment. I reviewed the proposal with the Eagle River Fire District Directors yesterday, November 16, and we wish to offer the following comments. The Fire District is in the process of assessing its long-term facility needs. it is our goal to operate with as few facilities as possible; although this is complicated because the valley is divided by two major highways and a river; emergency response is further complicated by long steep climbs to neighboring subdivisions. Access across these natural and man-made barriers is limited to the Village at Avon, Avon Road, Edwards and Wolcott. Our desire for new locations or relocating existing facilities is to position them where access across the valley is the most efficient and to locate the greatest concentration of resources where they will be needed most; this is on the valley floor. POST OFFICE Box 7980 ® 0351 BENCHMARK ROAD ® AVON, COLORADO 81620-7980 PHONE: 970-748-9665 • FAX: 970-748-4749 9 EMAIL: INFO@ERFPD.ORG �v Another factor that drives station locations is the Insurance Service Office. ISO is an organization that provides risk analysis to the insurance industry and rates fire departments on the relative inventory of resources for structural firefighting. An important criterion in that rating is the distance from a property to the nearest fire station. Bells and whistles go off in the heads of underwriters when the distance to a fire station exceeds 5 road miles. Currently, there are no properties in the Town of Avon that exceed this standard. When the Fire District was formed in 2001, we made an assumption that the Avon Fire Station (next door) should be relocated for the reasons that future growth in the service area and the organization would trigger the need for a larger facility; we continue to prefer a location away from the Town Park, perhaps nearer to Highway 6 or I -70. Although we considered the proposed Traer Creek site for a new regional station, we no longer believe that this site is the best location. We do believe that a fire station on the northern portion of Traer Creek is necessary to serve the uppermost sections of the development, although it will not be needed until there are structures requiring protection. We do understand the Town's desire to limit the impact on public lands and offer the following suggestions on how we may partner with you in locating emergency response resources for the development and the Town of Avon. • Our District is open to discussing shared use of the proposed fire station site with the Ambulance District. • We are open to discussing a transfer of the proposed fire station site to the Ambulance District in lieu of some future site located proximate to the uppermost portion of Traer Creek; similarly located and sized to the Wildridge Fire Station. • The Fire District is willing to discuss other sites not in Traer Creek for possible joint facilities. • We are willing to discuss operational issues, such as adding paramedic levels of service to Wildridge or other areas of Avon in lieu of additional facilities. 2 Finally, if you approve the proposed site for a future fire station, I request that the developer provide the utility extensions. A request has been made of the Fire District that we pay these costs and that is not acceptable to US. We do look forward to working with you in the coming months and on behalf of the Board of Directors, thank you again for the opportunity to comment. Cordially, Charles A. Moore General Manager Cc: Board of Directors Eagle River Fire Protection District Im Eagle County Ambulance District P.O. Box 990 Edwards, Colorado 81632 November 28, 2006 Mayor Ron Wolfe and Council Members Town of Avon 400 Benchmark Road Box 975 Avon, Colorado 81620 Re: The Village at Avon PUD Amendment Dear Mayor Wolfe and Members of Council: Eagle River Fire Protection District P.O. Box 7980 Avon, Colorado 81620 We are writing jointly on behalf of the Eagle County Ambulance District and the Eagle River Fire Protection District to support a PUD Amendment and platting that provides for a joint site of approximately 1. 5 acres as recommended by the Planning and Zoning Commission. The Ambulance District is ready to build immediately; it has the money in the bank; and recognizes the critical need for a facility at this exact location. The Fire District is currently developing its long term facilities plan but all indications are that the Village at Avon will figure prominently. Accordingly, we believe it is time to bring this long-standing issue to closure and look to the Town Council to approve the PUD amendment which will allow Traer Creek to convey the property to us as soon as possible. Thank you for the opportunity to comment. EAGLE COUNTY AMBULANCE DISTRICT 4M I'pa-Mo'—frison, Uener al"Wnag_cr_ Sincerely, ChzAe's A� Moore, Fire Chief N January 3, 2006 Attachment P.O. BOX 740 ^ EAGLE. COLORADO e1sa1 ^ 970.328.6321 ^ FAX 970.328'1024 Bcmomblc Town Council Members Town ofAvon PO Box 975 Avon, CO 81620 BE: VILLAGE AT AVON - SCHOOL SITE Dear Council Members, Thank you for the opportunity ho provide conzoueot on the proposed relocation o[ the school site u1 the Village ag Avon dated September 2005. We understand that this draft P[[DAmendment has not been nIficiul]ysubmitted {n the Town of Avon ot this time; however, wo felt iiwas jzopoouu1 {o provide the school district's perspective of this relocation as the Town works through the submission process. The school district is conceptually io favor of the September 2U05 proposal which includes biu pio� -area zuovioe1be 7.3 acre ocbom] site Area G from lMF-] to u 7.3 uonc site v south of 1-70. This proposal is consistent with the community input meeting bu}d by the school district On November l7th, 2004, and the Board of Education meeting on Decernber 8th, 2004, M r/bicb the Board of Education requested that TracrCreek LLC proceed with planning the school site within planning area D. As this planning process continues, the aoboo] district would respectfully roquest the fhllow/IT12 considerations are applied 10 this new school site within planning area D: • Access and all obbdoa are delivered to the school site boundary a1 the developer's czpeooc. � • ��s school buildings, Pxrk�uzlot ond athletic fields require ��gc flat footprints, we would request that the entire 7.3 acres be buildable and that the slope of the property hc odnicomJ. Wo recommend that, a<u minimum, B0%of the School Site shall have aslope of 10% or less and the balance of the School Site shall have a slope of 20% or less. • The school site should bz adequately buffered fTnro any proposed commercial development by either residential land uses oru community purk- w The inning of when the school site is available for development iucritical. TbcBolurd rogucota that u reasonable dr*e}opruuo{ ybusjog plan be established to uoourn that the school site is prepared and ready for development commensurate with the pace of residential development within the project. Finally, the district continues to be interested in entering into a school site agreement with the school district, Traer Creek LLC and the Town of Avon detailing these items. A draft of an agreement has been produced and can be updated to be included in the PUD that relocates the school site within Area D when necessary. The Board of Education continues to be adamant that the school site should have access, utilities, topography and location to allow for a quality educational facility to be constructed. Additionally, the Board believes strongly d agreed upon prior to gly that a site must be identified an a approval of the PUD amendment. We look forward to working with you and Traer Creek LLC to identify and plan the future school site in the Village at Avon development. We believe that in working together we can jointly h area. Thank your joilitly locate and finalize a superior school site for the residents of the Avon for your time and consideration. Sincerely, Karen Strakbem Assistant Superintendent for Business Services Cc Larry Brooks, Town Manager Board of Education John Brendza, Superintendent Dan Leary, Traer Creek N Attachment I WWI WA. I Eoa Maws, M is Spin, V-- py- �q MOP- :HQT q 1; IO p WA it 1, Vp!uf j vp WHO fig 10 aF F r iZ7,� k 1 L-j , Uh IVY in! Og JAW 14 UK H Ha N h AI :1 IIN lot; sit, id 'an! 1 y G v " p P 1z, sy U ni W M -41i U Z. c supa "At Ij AN All Kok try > > > n c§ Cc C) z > .q t7' VO 0 X N � 0 C O wW rn 0 Muza, Rue I 1 ins 0 fly W R F INK "" Ems 5 , Ong 3 dFDD Attachment I WWI WA. I Eoa Maws, M is Spin, V-- py- �q MOP- :HQT q 1; IO p WA it 1, Vp!uf j vp WHO fig 10 aF F r iZ7,� k 1 L-j , Uh IVY in! Og JAW 14 UK H Ha N h AI :1 IIN lot; sit, id 'an! 1 y G v " p P 1z, sy U ni W M -41i U Z. c supa "At Ij AN All Kok try > > > n c§ Cc C) z > .q t7' VO 0 X N � 0 C O wW rn 0 fly F� w63 Attachment I WWI WA. I Eoa Maws, M is Spin, V-- py- �q MOP- :HQT q 1; IO p WA it 1, Vp!uf j vp WHO fig 10 aF F r iZ7,� k 1 L-j , Uh IVY in! Og JAW 14 UK H Ha N h AI :1 IIN lot; sit, id 'an! 1 y G v " p P 1z, sy U ni W M -41i U Z. c supa "At Ij AN All Kok try > > > n c§ Cc C) z > .q t7' VO 0 X N � 0 C O wW rn 0 an I. . . . . . . . . . . . . . . . MZ m m z cn jR 7;7� 1'�" ai co I L j j BP an I. . . . . . . . . . . . . . . . MZ m m z Nk -- ' ' , "� 71?' \ jR 7;7� 1'�" ai Nk -- ' ' , "� 71?' \ jR ai psi 0c) Oa > p > 0 ) CMC C) rl C) CO 16 �-1 jR 0c) Oa > p > 0 ) CMC C) rl C) CO 16 �-1 m I 1, iJ4444411 2,!!, h� �� A I r� �cT i FA J, , T al t -ROU P .12 AD -1 M m RRt rx cn > > C) 0 C) C) Ul 00 tr 2 iN 7[ Vv !ae- I t I 7e-- 4�T 1, iJ4444411 2,!!, h� �� A I r� �cT i FA J, , T al t -ROU P .12 AD -1 M m RRt rx cn > > C) 0 C) C) Ul 00 tr 2 ma un > F Z O 0 E: ---4 z < 1 o m C/) Cf) cn M M M > > K CD cn C/) M M M M CD M Z > C) rz > -< z o CD ---------------- Fv 0 > dC > U) > C) > > C) COMO 0 cn 00 H IX i , al ma un > F Z O 0 E: ---4 z < 1 o m C/) Cf) cn M M M > > K CD cn C/) M M M M CD M Z > C) rz > -< z o CD ---------------- Fv 0 > dC > U) > C) > > C) COMO 0 cn 00 H Attachment J Town of Avon Planning & Zoning Commission Meeting Minutes for November 21, 2006 Avon Town Council Chambers VON Meetings are open to the public -OR k D 0 Avon Municipal Building / 400 Benchmark Road Work Session — East Avon Design Alternatives Description: Design Workshop to make presentation of four development alternatives produced for East Avon Master Plan project. Review of a draft Market Investigation Report. Stakeholders have been invited and this is a Work Session open to the public. Matt Pielsticker introduced himself as the Project Manager for this job and gave background on the project to date. Mr. Pielsticker introduced the team from Design Workshop and Rebecca Leonard began her presentation with the "Process to Date" and the items to be completed; residential, commercial and retail concerns, parking and traffic issues and projected numbers of vehicles, the impact of the Riverfront project along with the West Avon and the East Avon projects. Ms. Leonard continued by presenting the four Alternatives of the Development Concept Diagram. Commissioner Evans asked Ms. Leonard what benefit the Christie Lodge receives for changes to their property and Ms. Leonard responded that she believed they felt being closer to "Main Street" was beneficial. John Perkins, president of the Christie Lodge Board, voiced that his HOA charter has a drop dead date when the HOA would dissolve. Mr. Perkins remarked that they would be looking for greater density and height. Ms. Leonard mentioned that placing a frontage road behind the Christie Lodge would give them a buffer and better access for and to the Town. She continued that properties within East Avon were under utilized and incentive for redevelopment would be the increase in residential in the area. Open discussion questioned parking issues in Chapel Square, availability of underground parking, some Town Right of Way parking, concerns with trucks and delivery vehicles, and pedestrian access. The presentation continued with "Successful Community Design": - coordination and cohesiveness with neighboring districts, mix of land uses, pedestrian environment, circulation and transportation parking, streetscape improvements, massing and form, and architectural character, and; "Successful Retail": -easy access by cars and people, continuous retail experience, complementary building layout, strong anchors, central orientation elements, parking availability, and visibility. Items to determine a conclusion are: Access - number of access points to and through the district? 2 are encouraged by Design Workshop Commissioner response was varied with preferred Alternatives. - On street parking? Slows traffic down, buffer from pedestrians and cars, provides views of streets and streetlights and good for retail. - De-centralized parking garages? People like to get as close to their uses. M Retail Character Role of mid-box retail? With Town Center West having small retailers, mid box retailers would draw and support other retailers and the practical aspect of 200,000 sq ft or 250,000 sq ft requires a lot of small retailers and there is currently available space unused. Discussion included mid box national chains are not what visitors come for but small private stores like those currently in Edwards, others felt that the future visitors would expect such retailers to be here as the population increases, mix of style and appeal of the mid box needs consideration and respect of the smaller retailers. How pedestrian friendly? The term "mid-box" is misleading, and Ms. Leonard recommended "mid- sized". Municipal Involvement - Straightening of 'main street'? Affirmative by some. - Park/Plaza? More view corridors by connection of views. Design Workshop will refine preferred alternative plan for the Open House in January 2007 as the next step with a draft District Plan and a final District Plan to follow. Further conversation determined that another work session was warranted. Site Tour - Village at Avon - CANCELLED Description: People mover to pick up Planning and Zoning Commission and staff for site tour related to Item VIII - Village at Avon Planned Unit Development Amendment. On-site review of parcels. I. Call to Order The meeting was called to order at 6:05 pm. 11. Roll Call All Commissioners were present with the exception of Commissioner Goulding. Ill. Additions and Amendments to the Agenda Site tour for the VAA was cancelled due to time constraints. Under the "Other Business", review of Walkin the Dog parameters. Item VII, A, Final Design Plan — Residential, Duplex at Beartrap & Old Trail, Property Location: Lot 49, Block 2, Wildridge Subdivision / 2610 Beartrap Rd., moved to Consent Agenda. Item IX, A, Master Sign Programs, Chapel Square Amendment, Property Location: Lot 22, Block 2, Benchmark at Beaver Creek /240 Chapel Place, n-ioved to Consent Agenda Item X, A., Minor Projects Application, Municipal Building Design Modifications, Property Location: Tract G, Block 2, Benchmark Subdivision / 400 Benchmark Road, moved to Consent Agenda. Item X, B., Minor Projects Application, CenturyTel Radio Dish, Property Location: Lot 3. Block 3, Benchmark Subdivision / 1060 W. Beaver Creek Boulevard IV. Conflicts of Interest Commissioner Smith revealed a letter sent to the Secretary of State regarding a `Disclosure of Possible Conflict of Interest" concerning an amendment to the Planned Unit Development of Traer CreekNillage at Avon. V. Consent Agenda • Approval of the October 17, 2006 Meeting Minutes • Approval of Item 9A, Master Sign Programs, Chapel Square Amendment, Property Location: Lot 22, Block 2, Benchmark at Beaver Creek / 240 Chapel Place ■ Approval of Item 10A, Minor Projects Application, Municipal Building Design Modifications, Property Location: Tract G, Block 2, Benchmark Subdivision / 400 Benchmark Road • Approval of Item IX A - Chapel Square Master Sign Program Amendment • Approval of Item X B - CenturyTel Communication Dish Commissioner Green motioned to approve the Consent Agenda. Commissioner Smith seconded the motion and the motion passed unanimously. VI. Transit Center Snowmelt — CONTINUED Property Location: Benchmark Court, Avon Transit Center Applicant., Design Workshop /Owner: Town of Avon Description: Follow up to condition of approval by Planning and Zoning Commission to provide snowmelt at the new Avon Transit Center location. Steven Spears, Design Workshop, approached the podium to discuss the Transit Center snowmelt as directed by the Planning and Zoning Commissioners and agreed by Town Council to pursue. Mr. Spears began by displaying the approved design by Planning and Zoning along with three snowmelt alternatives. Commissioner Evans remarked that the approval by Planning & Zoning was contingent on the Transit Center being snow melted as one design implied no snow melt. Transit Center Snowmelt — Seven Criteria: - Should be located on Town property (with the applicable sub-surface rights) - Should be located to minimize existing underground utilities or drainage systems. - Should be located to allow for easy access by the public works dept. - Should be located where automobiles/transit will not be driving. - Should be located in a place where hardscape occurs, minimizing additional construction costs. Should not be located in an area where pedestrians will congregate (i.e. immediately next to a bus stop, or in proximity to retail or residential units.) Should not be located in the sight distance triangle. The seven criteria generated 12 alternatives with four options presented. Each option would not be beneath the roadway; stacks would he nine feet tall, Commissioner Evans questioned why the snowmelt vault was not being used to heat the Transit Center and Mr. Spears remarked that there are too numerous utility lines under the Transit Center for the vault. The mechanical vault needs 450 sq ft. The anticipated schedule would have construction of the Transit Center beginning April 1, 2007. hi Commissioner discussion revolved around mechanical engineer's design with Mr. Spears unable to respond to specific engineering questions. Commissioner Green motioned to table Item VI, Transit Center Snowmelt, Property Location: Benchmark Court, Avon Transit Center, with Commissioner Smith seconding the motion. All Commissioners were in favor. The motion passed unanimously. VII. Final Design Plan — Residential A. Duplex at Beartrap & Old Trail Property Location: Lot 49, Block 2, Wildridge Subdivision / 2610 Beartrap Rd. Applicant: Michael Pukas, MPP Design Shop /Owner: Matsen Enterprises Description: Design review for a "mountain ranch" style duplex at the corner of Beartrap and Old Trail roads. The building is comprised of stucco, horizontal and vertical wood siding, moss rock stone veneer, asphalt shingles, and cor-ten rusted corrugated metal roofing. Sketch review took place at the Commission's August 15th, 2006 meeting. Moved to Consent Agenda. B. Michaud Duplex Property Location: Lot 9, Block 4, Wildridge Subdivision / 5750 Wildridge Road East Applicant: Courtney Giphart /Owner Roger Michaud Description: Final. Design review for a duplex on Wildridge Road East near the top of the Wildridge Subdivision. A variety of high quality materials are being proposed. Sketch review took place at the Commission's October 17, 2006 meeting. At sketch review, the Commission requested the applicant return with a revised sketch application prior to proceeding to final design. Matt Pielsticker presented the Staff Report. Roger Michaud, property owner, approached the podium to discuss his project and gain Commission understanding and direction. Mr. Michaud provided the Commissioners with pictures of neighboring sites and stated that his team had exhausted all ideas of how to site the building. Commissioner Struve questioned the driveway and the amount of the lot being paved was to be minimized. Commissioner concerns were the massing, color charts and materials weren't submitted (handed out during the session), roof ridge was one long shot, setbacks are an issue, and all colors were not reviewed and those presented were inconsistent with renderings. Commissioner Struve mentioned that this was turning into a sketch review of a final design. Commissioner Struve moved to table Item VII B, Michaud Duplex, Property Location: Lot 9, Block 4, Wildridge Subdivision / 5750 Wildridge Road East. Commissioner Green seconded the motion. The motion passed unanimously with all Commissioners in favor, VIII. PUD Amendment — PUBLIC HEARING Property Location: Village at Avon PUD Applicant: Dominic Mauriello, MPG/ Owner Traer Creek Description: The applicant is proposing to amend the Village at Avon PUD. The proposed amendments to the PUD are focused primarily on relocating Planning Area G, which is and will remain designated for a school to be operated by the Eagle County School District-, Planning Area D, which is to be adjusted to allow the school to be located within its existing boundaries; Is and Planning Area N, which is to now accommodate two separate facilities for the Eagle County Health Services District and the Eagle River Fire Protection District. Matt Gennett presented the Staff Report and began that all correspondence received was not in the package circulated last week but has been distributed to the Commission. The material included a letter from Eagle County Schools dated January 3'd, 2006; a letter from Eagle River Fire Protection District dated November 17, 2006; and a letter from Otten, Johnson, Robinson, Neff and Ragonetti dated November 21, 2006. Mr. Gennett proceeded to reveal one error in the report that Resolution No. 17 was for denial and Resolution No. 18 was for conditional approval for the emergency facilities. Mr. Gennett continued that the applicants are proposing to amend the Village at Avon PUD and read the particulars as outlined in Staff's report. Staff does recommend, in Resolution 06-17, the denial to the request to relocate Planning Area G pursuant to the review of the criteria found in the PUD Design criteria section of the Staff Report and second, Resolution No. 06-18, staff recommends conditional approval of the request to allow emergency services within Area N with the following conditions; 1. Emergency Service uses shall be housed in a combined facility limited to Tract "E", located within Filing 3 of the Village at Avon Subdivision; 2. The development agreement language is amended to the satisfaction of the Town Attorney; and 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval and with the criteria found in the criteria section of the staff report. Commissioner Evans remarked that this is a Public Hearing and the Applicant will be first allowed to make his presentation, answers rs to any specific questions that may arise, and then the Public Hearing will be opened. Public comment was requested to be short and to the point. Commissioner Evans than questioned if a member of the School District was present as there would be specific questions directed to them as well to Mr. Moore from the Fire District and the Ambulance District. Dominic Mauriello, Mauriello Planning Group representing Traer Creek, the Applicant, introduced Magnus Lindholm, Dan Leary, Inga Causey and Munsey Ayers from Otten, Johnson, Robinson, Neff and Ragonetti whose firm provided a letter to the Commission. Mr. Mauriello revealed another letter that was not in the original package and was just found this week, tried to email it to Matt on Friday and was not received but he does have a copy now. It was a couple of letters that Mr. Mauriello would be referencing in his presentation. Mr. Mauriello continued that he would be responding to the some of the comments made by Staff and hoped it would not be interpreted as attacking as they are trying to keep it about the facts and not to go down a negative road. Mr. Mauriello continued that the purpose of this evening, as Matt had pointed out, would be talking about relocating of the School District and some emergency service facilities. Mr. Mauriello began by stating he would be giving a little bit of background on the Village at Avon, remarked that there was a pretty good summary of amendments that have occurred in the Staff Memorandum and he would be going through a more graphical approach to that and then he would go through some of the comments they have with respect to the recommendations. The ambulance district would be giving their power point presentation, per Mr. Mauriello, at the end of his presentation. Mr. Mauriello began that they are relocating the school site "G" back to the south of Interstate 70 where it was originally in the original PUD. So, it was not that they were moving it drastically from where it was originally approved, Mr. Mauriello commented that he would get into it later. 9 Commissioner Struve interrupted Mr. Mauriello to ask if "the original PUD" mentioned was approved. Mr. Mauriello responded that it was approved and that he would be going though that. Mr. Mauriello continued that the other amendment, as they had proposed it, may be something different than maybe where they would end up at the end of the evening. But, what they proposed to do was simply to allow public uses or emergency service uses as a Special Review Use in Area "N". The reason they did that was so that the Planning Commission to review the specific site-ing and location of where those facilities would go so there would be a little bit more review criteria, if you will, that the district would have to go through when they came through with specific planning. They have a different idea now if they want to go down a different route but that is the route they were going down. Mr. Mauriello presented an aerial of the property taken from the Eagle County website and commented that it didn't look great here. He proceeded to describe the map to the Commission with the proposed locations as well as an approved water tank location and a road that was not contemplated in the original PUD. Mr. Mauriello discussed the original PUD that was approved when the property was annexed to the Town and when it was annexed, it had the map presented, a PUD Guide and an Annexation Agreement. Mr. Mauriello stated that these documents provided the rules by which this was going to be reviewed into the future. And, in many cases, it has special requirements that are different than the Town Code has, has different processes than the Town Code, and so when you look at this project, you almost have to look at the PUD Guide and the Annexation Agreement as the zoning of the property much more so than you do the Town Code. Mr. Mauriello revealed that he would be referring to the PUD Guide and the Annexation Agreement for the record of this project and for reference. Mr. Mauriello continued by showing a corner of a map where it talked about PUD Development Plan/Sketch Plan, this document was really a sketch plan type document, not an engineered document and it shows, as Matt pointed out, RMF 1 in its original configuration, Area N which was a park area with no roads cutting through the middle and Mr. Mauriello pointed out Area G, a school district site in the original PUD and Area D which has changed over time. Mr. Mauriello continued by stating that it was really a sketch plan, more like zoning or a future land use map, guides the development on the property and not an engineered document, none of the roads were engineering in the original plan, it was a simple guiding tool to show. The school site originally was south of 1-70. The Annexation Agreement that was adopted in the first amendment to the Annexation Agreement documents specifically required that a fire district site be provided within the PUD. Commissioner Green questioned "required" as elsewhere was stated contemplate. Mr. Mauriello responded with requires absolutely. Mr. Mauriello continued that the original plan the Public Works facility on Tract L, and he would show it in a moment, was going to be a joint Public Works — Fire District facility and in the First Amendment what happened was the Town wanted to have the Public Works facility by itself on Tract L where the Charter School is this year. So what happened was, when they did that amendment, the Town was able to get Tract L, or planning area L, and the fire district then was allocated an acre of land to be provided, and he wol-fld address in 9. minute what that language said and where it was located, The Annexation Agreement did not contemplate an ambulance district site. The ambulance district was being proposed more to meet a community need rather than being an obligation of the Annexation Agreement. He continued that both of these uses were provided sites on the Village at Avon Filing 3 Plat that was approved just two years ago. Mr. Mauriello proceeded to demonstrate on the Plat the locations of Swift Gulch Road, Tract F, Tract G between this and the water area, and Tract E which was originally thought to be the Fire District site and the N ambulance site and was basically what was being proposed today. Mr. Mauriello continued that there was a statement in staff's memo that this was not an approval of those uses and that was correct but what will be seen, in the two letters distributed by Mr. Mauriello, the first letter authored by the Fire Protection District and the Eagle County Health Services District and will be referenced as the Ambulance District and the Fire District as the agencies being talked about. In the letter, it is clearly pointed out that they were in approval or agreement that Tract F should be for the ambulance district site and Tract E should be for the Eagle River Fire Protection site. This was a letter preceded the approval of that plat, talked about these parcels and that there was a subsequent letter from Charlie Moore to the Town Manager basically saying the same thing. Mr. Mauriello commented that it was interesting that these were dug out of the Town's files a couple of days ago when trying to find out what was the story on these parcels as we didn't have a clear picture on what had occurred and there has been a lot of players on the applicant's side that have come and gone and that there is a lot of staff that has come and gone leaving holes to fill. Interestingly enough, continued Mr. Mauriello, there was a sticky note that said, "Do we need a PUD Amendment to allow these uses in the park?" and routed to several members of the Town's staff. Commissioner Struve questioned who wrote the note and Mr. Mauriello responded that he didn't know. The point, per Mr. Mauriello, was that these parcels were created for a reason and he thought that when they did it at that time they decided to go back and amend the PUD to allow those uses and it was clear that was what these uses were going to be. Commissioner Evans questioned the clarity, besides the two letters, that those are the intended uses of E and F? Mr. Mauriello responded that these were the only things that could be found in the Town's files and he didn't know why he couldn't find more information but he thought it clearly showed the intent. Commissioner Evans continued if there was anything on the plat that denoted uses of Tract E and F. Mr. Mauriello answered "no" and what it said was to refer to the PUD plat. Commissioner Green asked the designation for Tract G. Mr. Mauriello responded to Commissioner Green that he did not know and that Tract G was there because it was a parcel bifurcated by Tract F and so it had to have some kind of designation put on it. Mr. Mauriello continued his presentation by showing the original plat and a build out plan scenario for what it might look like if it was developed. He began with Chapel Square, some of the housing, and proposed school site. Commissioner Evans questioned a bridge in the presentation and was responded that it was for a pedestrian bridge and would be addressed later. Mr. Mauriello addressed the road and its changes, showed the road, park, tennis courts and soccer fields. He then showed the current PUD, demonstrated Area G and showed how the road was realigned and how Area K got substantially larger, which occurred when both Wal Mart and Home Depot came back and wanted substantially bigger facilities, asked for help on the site as they did not want to go down to Gypsum. An Administrative Amendment, which means staff approval, moved Area G from one location to another, bubbles were modified. Commissioner Green clarified the issue of G was originally where J was and got moved over to the RMF 1 designation and Mr. Mauriello added that the road used to come here and G was not directly on the thoroughfare, it was back behind J and J was a different shaped bubble and so was I and so was H. Commissioner Struve questioned how this happened and Mr. Mauriello answered 'by Administrative Amendment'. There is a provision in the PUD Guide and the Annexation Agreement for there to be an allowance for an Administrative Amendment. That Amendment was approved by the Town to allow the school to go into that area. There was also discussed moving it to D, and it was located there without correspondence or discussion with the School District; it was just sort of moved there. Commissioner Struve asked of staff what an Administrative Approval was. Eric Heidemann responded that it was a process by which the Community Development Director could draft up a N letter and approve an amendment at an administrative level or staff level. Mr. Mauriello continued to discuss his map and presentation. It was Mr. Mauriello's understanding that current location was always understood that it was a temporary move, no one actually anticipated that the school would be put in a busy intersection and it needed to be put somewhere. As a consequence, the School District did not approve of the location and still agree that it is not a good spot. The presentation continued with the proposed Amendment map submitted that was being asked for approval. Roads, roundabouts, Tract N (park area), RMF 1 and Area G were pointed out along with Parcel G, health services districts and engineering plans were submitted to show that it could meet some of the School District criteria that it could be graded to a relatively flat slope and that the road was capable of climbing up to this facility. Mr. Mauriello continued that as Matt pointed out earlier, the relocation of G from RMF 1 back to D resulted in an overall decrease of density of 87 dwelling units. Depending of your perspective, it could be a positive thing or a negative one. RMF 1 allowed 6 dwelling units per acre and D allowed 18 and that was why there was a discrepancy. Mr. Mauriello believed that the proposed school site was more consistent with the original location and, in fact, the School District went through a whole community process to determine which would be the more favorable location and the proposed site was the result of their meetings and the favored location. If the access issue across Forest Service land would have been resolved, they would have preferred to be on M. Commissioner Green asked about RMF 1 and the switching Area G from the RMF 1, how many dwelling units are being picked up by moving G to the new location in the RMF 1 zone? Mr. Mauriello replied it was restoring it back to the way it was before to its original condition of 6 dwelling units per acre and by administrative position. Commissioner Green questioned the number of dwelling units lost in the RMF zone. Mr. Gennett responded that on Page 6 of the Staff Report, it is demonstrated that the density goes from a maximum of 369 units to a potential of 238 and RMF 1 increased from 142 to 183, so about 41. Mr. Mauriello stated that the overall net decrease was 87 dwelling units per acre and commented that in this PUD, there is no minimum density and obligation to develop any of it. Mr. Mauriello continued that the proposed RMF 1 was restored back to the way it was, same acreage; Area G moved to the west in Area D. He showed how a road alignment changed and Parcel K really grew. Commissioner Struve commented on the huge climb from the south side to get to the bridge level and across. Mr. Mauriello responded to the pedestrian bridge and that it was shown on the original plans and in these plans and it was never an obligation. It was more like the tennis courts and basketball courts. Commissioner Struve commented that was the reason it was taken out of the Comprehensive Plan because it was not practical. Mr. Mauriello then presented a conceptual build out that was recently updated to give the Commission an idea of the school site, regional commercial center, fire district building and how it might look like and the small building for the ambulance district. RMF 1, as it develops, the road up to the water tank and what the park uses might look like once they are developed. In terms of the PUD criteria, Mr. Mauriello believed what they were proposing was consistent with the Comprehensive Plan goals and objectives to the extent that they are applicable to this project. The proposal was consistent with the original concept plan and the original sketch plan and, therefore, since the original plan was found to be consistent, they don't believe they were varying significantly from it despite the loss of density. In terms of the public benefit criteria, Mr. Mauriello could not think of any other application that meets this criteria more than what was being proposed to do. Sites are being provided for emergency services facilities that obviously has a public benefit, moving a school parcel back to an area that was more safe and away from traffic. There is improved life safety to the community at large, to school children. Mr. Mauriello had the strongest reaction to the Staff Memo regarding the comment that emergency facilities are inconsistent with park uses. It is Mr. Mauriello's belief that it is a benefit to be in a park setting especially where there is active recreation because if someone is injured on the spot it would provide a great advantage. Mr. Mauriello continued that the Staff Report talks about the responsibility of the Town with respect to the school district use and they somehow have a liability or some kind of responsibility for it. In fact, Mr. Mauriello doesn't think that they do and the PUD Guide was very clear on this point if you look at the Annexation and Development Agreement. 4.3F states clearly that the conveyance shall be in compliance with the Town's requirements in effective as of the date of this agreement. That was specifically put in the agreement for a reason, not a mistake. In Section 16.50.20A, at the time the conveyance was occurred, it says very specifically, that conveyance occurs directly to Eagle County School District RE50J and not to the Town. There were also in there that there were no referral comments which were an absolutely true comment but he wanted to reveal that there were letters that had been provided earlier in the year. He continued that the Memo suggests that perhaps the change in density was actually a negative or unacceptable thing occurring in D. Again, RMF 1 was just being restored to the way it was, Area D was being reduced in area and that is the reason for the decline in density. They didn't seek to add that density as they thought it would be viewed as opportunistic on the part of the developer. They just assumed lose that density in a dwelling per acre standpoint than try to maximize it. It doesn't effect the overall density that was allowed on the property of the 2400 unit. However, if there were a concern by that body, it could obviously have a condition of approval that recommends we increase that density to 28 units per acre. Mr. Mauriello continued that there was no obligation to develop any of the residential and there was no minimum density required of any development area in the PUD. The report talked about the existing fill that has been placed in the area where the School District would be located. This level of detail was not something to get into at this level of sketch plan specifically with this proposal. There was not a site specific geological study for any other parcels on there. In fact, Area D today was proposed at 18 dwelling units per acre and there is no geological study required today. Since the conveyance of this parcel goes directly to the School District, they are going to have assured the School District that it was suitable for development. But before the site can be conveyed to the School District, they will have to plat it. Mr. Mauriello continued that they would have to go through a process where they do a preliminary plat and a final plat. At that time, the Commission will have that data. So, it was not a situation that the information would not be provided, it is about the time and the process when they would get into looking at the specific engineering of each of the different parcels. Concern was expressed about the traffic and about the cul-de-sac length with respect to the development of the school. The road that leads to Area G was actually in Area D and in the PUD Guide, Section 1 has specific requirements for cul-cle-sacs regarding how long the cul-de-sac can be, how many units it can serve, allows cul-de-sacs to exceed the normal standard of 1,000 feet. The presentation continued with the fire and ambulance uses are inconsistent with a community park and they should be collocated. The Annexation Agreement required the fire district facility and it could be placed anywhere in Planning Area N, Community Park, and any area labeled OS which is Open Space and any parcel that was labeled parkland. The location can be picked at the applicant's discretion was the specific statement. Mr. Mauriello's point of view was that the Town already went down the road of saying these are compatible uses with those Annexation Agreement that already says a Fire District facility in those areas so they have to be considered I harmonious and workable with Planning Area N and he didn't think the ambulance district was any different from the Fire District Facility. He continued that the compatibility of the uses has already been made. Just two years ago, 2004, the Filing 3 Plat that created those two parcels that were contemplated for the Fire District and the Ambulance District. Again, clearly showing that they were consistent and workable with the Town's Plan. This was the area that Mr. Mauriello had the most disagreement. Mr. Mauriello continued with discussing the recommendations and proposed conditions and how they believed things should occur here. They believe that emergency service facility should be able to be approved on Tract E and F, as they were contemplated on the Plat. They don't think they should be collocated. There are two different districts with two different ideas on how they may operate in the future. They believed it should be approved the way it is shown on the Plat. They were agreeable to a condition that would limit those uses to only Tract E and F so that it doesn't open up other areas of the park and consideration for this direction to allow them on Tract E and F only, why not make it a permitted use rather than a special review use in those areas. They don't care either way but it just seemed that if they were going to go down that road it would make it simpler for those districts to obtain approvals and go though that process. They don't believe a need exists to amend the Annexation Agreement at all to do what they are proposing to do. Approval for Area G was recommended as submitted. They would be required to provide a site specific geological investigation upon their application for preliminary plat and they are fine with this condition. It was stated that they would provide the land for the School District and when it is reasonably necessary to serve the proposed subdivision and the future residents thereof. Until they have a residential population to generate a need for that school, there would not be a need within the next six months to build a school out there. It was mentioned that this site was designated as an Elementary School site, not a high school site based on the size of the parcel. Commissioner Struve questioned who decides when the time was right for the school. Mr. Mauriello responded that he believed that the School District would decide and he thought it would be a mutual agreement between the applicant and the School District as to when that occurs. A condition was placed that a pedestrian bridge should be built. It was stated that there was absolutely no obligation to do that anywhere in any of the documents even though it shows conceptually and it was asked that it not be included. At preliminary plat, they would provided whatever traffic analysis required. Commissioner Evans questioned, in the interest of time, given that the location of ambulance and fire parcels, what was it that was going to be presented that was material to the PUD Application on the table? Mr. Mauriello answered the specific location and its ability to serve the community. OPENED PUBLIC HEARING Fred Morrison, General Manager of the Ambulance District, approached the podium to talk about a mid-valley ambulance facility. The ambulance district began in the 60's as a department of the Vail Valley Medical Center. A health care crisis in the 80's caused near bankruptcy at the hospital and they needed out of the ambulance business. The fire departments were not interested and neither was the western portion of the Eagle County. So, Mr. Collins formed a special district in 1982 and went to a special vote and got there. Today, there are 26 paramedics and 23 EMI's. There are 53 total staff members, 7 vehicles with three IN to five of them staffed at any moment, some support vehicles and some trailers to help with searches. This was the district that was formed. Mr. Morrison described his map and coverage. There are currently facilities in Vail and Edwards, The Vail facility was built in 1982 and the Edwards facility in 1991. The proposed facility in Traer Creek was right in between the two. In reference for future planning, they are looking in Wolcott and the Ginn property out of Minturn. These are on the radar and not necessarily in the planning stages. Western Eagle County Ambulance District has facilities in Eagle and they are punching a hole in the ground in the Spring for a facility in Gypsum and they are certainly having discussions on what might happen in the Dotsero area. Mr. Morrison continued with the calls they do, and in 2005 roughly 3,300 calls with only 400 of those being trips to the mountain, 220 to Denver. Fifty percent of their calls are east of Dowd and 50 percent are west of Dowd. He commented that it wasn't always this way. A lot of time used to be spent in the Vail area and as people have moved west, the calls have followed. An important factor is how long a call takes. The hospital is at one end of the response area, that's where the sick people go. A call at the eastern end of the district is thirty minutes to an hour and that is if everything goes smoothly. Commissioner Struve questioned the start to finish as being from the time the call is received to the time the person is in the hospital? Mr. Morrison responded that it included the time the vehicle was road ready again. Mr. Morrison proceeded to describe a map of the area serviced. Eighty percent of all calls are within West Edwards and East Vail. If a bisection of the oval was done, it falls at the Traer Creek site. Mr. Morrison continued that they try to put ambulances where they are needed. In Squaretown, USA, they put an ambulance in the center and they radiate out. The valley has a cigar shaped response area. Traer Creek was at the center of the response area. It would make the response times better. Eaglebend Drive and Stonbridge, the response time would be 3 minutes and 15 seconds faster from the Traer Creek station than Edwards. The heart of town would be 3 minutes and 10 seconds. Beaver Creek Roundabout was 2.5 minutes. When talking about everything from Traer Creek to the East, Eagle-Vail, Minturn, Wal-Mart, Home Depot, a whopping 5.5 minute improvement in response time. These are improvement numbers from Edwards. "They" need this now. There are equipment and crews hired and this location is a great benefit to the citizens of Avon, Eagle-Vail, Wildridge, everything and it helps to improve their service. In hind sight, 20 years ago, they should have bought some of the sheep pasture like everyone else. Commissioner Evans questioned the opposition to collocation. Mr. Morrison responded that there wasn't an opposition to collocation but there was an issue of timing. The ambulance district needs their building now and the fire district has a different time horizon. Commissioner Struve questioned if this would become a "home office" location. Mr. Morrison responded with a no, it would be a satellite facility and the Edwards would be the headquarters as an expansion and remodel was just done providing more than enough space. Commissioner Green questioned the estimate size of the vehicles and staffing for the site. Mr. Morrison was proposing an ambulance crew, three to four bays, a supervisor in the middle where they can be of benefit to the whole response area. He continued that they are planning that if the calls load demands and density demands, we could locate 2 to 3 crews at this facility. People would be there 24/7. Commissioner Struve asked how many people drive to you. Mr. Morrison responded with 3 or 4 but not a significant amount but a park might be a bigger draw. Ccrnrnissioner Struve questioned the percentage of incidents off of 1-70 versus by residence. The response was that 1-70 accounted for 40 to 50% of the calls. Commissioner Evans addressed to Dr. Larry Brooks that on behalf of everyone on the Commission that there seems to be this consensus that the Planning and Zoning Commission was against the ambulance facility in Avon and that there needed to be this hard sell approach as to why it is necessary. Commissioner Evans continued that it was not the case. He didn't N think that anybody here questioned the need for an ambulance facility and the rational for it. The only question was where it goes. Dr. Larry Brooks, president of the Ambulance District, approached the podium. He was also the ER physician that started the Emergency Room and the Ambulance service in 1980. Dr. Brooks has been involy ' ed in the access to healthcare in Eagle County since 1977. He was also the original person to push the new Avon Medical Center which hopefully soon will be an Urgent Care Center rather than a "full emergency room" as it would get a better use at a better price. Dr. Brooks encouraged the hospital to put the urgent care there because without the fancy graph that Fred had, he knew that Avon was in the middle of the area of need and was not serviced medically very well. Dr. Brooks continued that they have been looking for property in this area for 10 years and only until a couple of years ago when Traer Creek made an offer, were there any hopes of getting this property and they have been pursuing it since then. They are looking at a 3.5 minute of saving time. The district was offered a lot, they are willing to take the lot, it can work for us and they need help from the community. In today's market, health care, time is heart and time is brain. When someone is hurt badly, time is all they have. Dr. Brooks continued that Highway 70 which is going to double in the next 10 to 15 years has a level of trauma that is the highest in the State of Colorado for a level 3 hospital. Dominic Mauriello commented that no one was opposed to collocation and mentioned that getting the two parties to agree was not a simple task. Mr. Mauriello continued that he was obligated in the Annexation Agreement to give an acre of land to the Fire District. If they go down the road of collocation on here, they are going to need to amend that requirement and have the Fire District agree to that. Then, the parcel will have to be bifurcated that parcel so that each owner has their own ability to move forward with the project on their own time schedule. Chuck Moore, Eagle River Fire Prevention District, approached the podium to discuss the sites proposed. Commissioner Struve asked if Mr. Moore preferred to be closer to the interstate and the response was affirmative. Commissioner Green questioned if the site proposed was to be a satellite station and the answer was yes. Jaime Fitzpatrick, Corum Real Estate Group, voiced from the podium concerns with Traer Creek and a $2,000,000 debt that related to Buffalo Ridge Housing project remained unpaid. Mary Ann Stavney, Eagle County School District, voiced her concern with the school site, stated it was for an elementary school, the School Board's position that a parcel on the north side of the highway was inappropriate for a school site and the Board desired the site on the valley floor. Magnus Lindholm . remarked at the podium if the ambulance could get .73 acre instead of the 1.24 acres for both services so that the ambulance service can begin construction immediately. Commissioner Green asked about the ambulance flying out of the driveway and thru a park as an unsafe situation. Commission discussion continued with alternative sites and timing for amending the Plat. Norm Wood, Town of Avon Engineer, commented that a minor subdivision plat could address the site issue and be taken directly to Town Council. Both the ambulance and fire districts were fine with the alternative plan as presented by the Commissioners. 9 Commissioner Evans asked Elizabeth Pierce-Durance, Prosecuting Attorney for the Town of Avon Municipal Court, and Larry Brooks, Town Manager for the Town of Avon, for their input. Ms. Pierce-Durance read from the Agreement regarding the land for the Fire Protection District. Munsey Ayers, Traer Creek Attorney, voiced that a formal agreement would need to be drawn and executed for the dedication of the land. Mr. Ayers mentioned that there was an obligation to provide land for the fire district but not for the ambulance district. CLOSED PUBLIC HEARING Commissioner Green motioned to approve Resolution No. 06-18, A Resolution Recommending Approval, with Conditions, of a PUD Amendment Application Amending the Village at Avon PUD, Filing 3, the Village at Avon Subdivision, as More Specifically Described in the Application Dated September 6, 2006, with the following modifications: Condition One be revised to read, "Emergency Service uses shall be housed in a combined campus of approximately 1.5 acres, allowing separate fire and ambulance district structures utilizing a Minor Subdivision Plat immediately adjacent to Swift Gulch Road and Tract G located in Filing 3. Condition Two: Remain as presented. Condition Three: Remain as presented. Condition Four: This would be then allowed as a permitted use. Commissioner Struve seconded the motion. All Commissioners were in favor and the motion passed unanimously. School Site: Commissioner Evans approved of the location and agreed with staff on due diligence to make sure the site was viable for a school by a soils report within a reasonable span of time. Commissioner Green was concerned with access to the site with only one way in and one way out. Ms. Stavney remarked that there are other schools with a similar access situation such as Meadow Mountain Elementary and Battle Mountain High School and suspects it would not be an issue with the School District. Commissioners continued with further discussion of the fill on the site, acquisition of the soils report, options if the site is inappropriate for a school and the review process for the transfer of property. Commissioner Struve moved to approve Resolution No. 06-17, recommending to Town Council approval of a PUD Application amending the Village at Avon PUD Filing 1 Application dated September 6, 2006, with the first two 'WHEREAS's' remain, third 'WHEREAS' struck, fourth WHEREAS'— the applicant must comply within twelve months to the following additional PUD review criteria oust conditional) and the final 'WHEREAS' will provide evidence of compliance with the public purpose provisions as outlined in Section 17.28.085 of the Municipal Code. Commissioner Lane seconded the motion and all Commissioners were in favor. The motion passed 6 to 0. X Master Sign Programs A. Chapel Square Amendment Property Location' - Lot 22, Block 2, Benchmark at Beaver Creek / 240 Chapel Place ApplicantlOwner., Frances Rolater, Property Manager Description: Sign program amendment application to permit two signs for Unit 109 in Building B in Chapel Square instead of the currently allowed one cabinet sign. M Moved to Consent Agenda. B. Riverfront Village Property Location: Riverfront Subdivision Applicant / Owner Andy Gunion, East West Partners Description: This sign program includes project identification signage, building identification signage, as well as directional signs that serve both vehicles and pedestrians. Submittal of this sign program was a condition of final design approval for both the Riverfront Lodge and Westin Hotel Matt Pielsticker presented the Staff Report to the Commission. Andy Gunion, East West Resorts, discussed the submittal to the Commissioners. The height of the signs, lighting, light bases, delivery sign and scale was discussed. Commissioner Green moved to approve Item IX, B. Riverfront Village Sign Program, Property Location: Riverfront Subdivision, with the following conditions: that 'wimpy' sign bases are not allowed and need to be reviewed by staff, any sign with a stone base needs to be architectural review, light caps in the front lanterns need to be zinc, no exposed concrete. Struve seconded, all in favor Andy Gunion requested the Commission to consider banners on the elevator shafts to advise what is going on. The Commission approved the display from December, 2006 until March, 2007. X. Minor Projects Applications A. Municipal Building Design Modifications Property Location: Tract G, Block 2, Benchmark Subdivision / 400 Benchmark Road Applicant / Owner. Town of Avon Description: The Town has submitted a design application for an expansion to the Municipal Complex building on the edge of Harry Nottingham Park. This expansion would be on the west side of the building between the building and parking lot. Moved to Consent Agenda. B. CenturyTel Radio Dish Property Location: Lot 3, Block 3, Benchmark Subdivision / 1060 W. Beaver Creek Boulevard Applicant/Owner: Greg Jaramillo, CenturyTel Description: Proposal for the installation of one rooftop communication device on the Westgate Building. The device is a 2' diameter radio dish for transmission and a temporary dish has already been installed on top of the parapet roof above Agave's space. Moved to Consent Agenda. Xl. Other Business A. Update of Various Projects 1. Walkin the Dog: Matt Pielsticker presented the approved plans to the Commission and a different design was built. 2. Town Council is requesting a member of the Planning and Zoning Commission to be on the Village of Avon Design Review Board. Commissioner Evans nominated Commissioner Green. Commissioner Green accepted the nomination. Commissioner Smith seconded the nomination and it passed unanimously. B. Town Center West Design Guidelines X1111. Adjourn Commissioner Smith motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at 10:45 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary M Attachment November 15, 2006 Town of Avon Planning and Zoning Commission Recording Secretary Ruth Weiss rweiss@avon.org PO Box 975 Avon, Colorado 81620 VIA FACSIMILE: 970 - 949 -5749 To Whom It May Concern: On November 21, 2006, your commission will evaluate the merits of an amendment to Traer Creek's PUD that allows for a paramedic staffed ambulance station. It's commonly accepted that quicker pre- hospital care is better pre - hospital care. For those of us who live between the Eagle County Health Services District paramedic stations in Vail and Edwards, this fact is troubling. Ambulance response times in this area are 3 1/2 minutes longer than that recommended by emergency physicians. Establishing this station will go a long way to address these concerns. In considering this amendment, the Town of Avon has an opportunity to improve emergency health care for not only its own citizens, but for its neighbors, as well. On behalf of the 1430 property owners and their families who call Eagle -Vail home, we encourage the Town of Avon and Traer Creek to work collaboratively to establish a paramedic staffed ambulance station in the Avon area. Thank you for your leadership in this issue. Sincerely, Ralph Dockery President Eagle -Vail Property Owners Association Alk I 1 • To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Direct&—.,/� Date: December 5, 2006 Re: 2006 Property Tax Levy Summa Two resolutions levying property taxes for general operating, debt service and the Avon Metropolitan District are also hereby submitted for adoption. The property tax mill rates will be levied as follows: o General operating purposes - 8.956 mills; 0 Debt service - 4.331 mills, a decrease of .052 mills from 2005; o Avon Metro District - 3.281 mills, a decrease of .002 mills from 2005 The decrease in the debt service mill rate is due to an increase in the Town's assessed valuation. The decrease in the Avon Metro District mill rate is due to a slight decrease in the AMD debt service for 2007. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Town Manager Comments: �--'-Attachments: A — Resolution 06-54 C — Certification of Tax Levies — Town of Avon B — Resolution 06-55 D — Certification of Tax Levies — Avon Metropolitan District Page 1 RESOLUTION NO. 06-54 SERIES OF 2006 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2006, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2007 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 14, 2006; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,534,128; and WHEREAS, the amount of money to balance the budget for bonds and interest is $741,884; and WHEREAS, the 2006 valuation for assessment for the Town of Avon, as certified by the County Assessor is $171,296,170. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2007 budget year there is levied a tax of 8.956 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2006. Section 2. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2007 budget year there is levied a tax of 4.331 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2006. Section 3. That the Mayor is hereby authorized and directed to immediately certify eit y to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove detennined and set. N ADOPTED this 12t1i day of December, 2006. Ronald C. Wolfe Mayor ATTEST: Patty McKenny Town Clerk 9 CERTIFICATION OF TAX LEVIES for NON - SCHOOL Governments * School governments must use forms provided by the Colorado Department of Education (303) 866 -6600. TO: County Commissioners of Eagle County, Colorado. The Town Council (governing board) of the Town of Avon hereby certifies the following mill levies to be extended upon the (name of local goverment) GROSSI assessed valuation of $ 171,296,170 Submitted this date: December 12, 2006 PURPOSE LEVY REVENUE L General Operating Expenses [This includes fire pension, unless fire pension levy is voter - approved; if so, use Line 7 below.] 8.956 mills $ 1,534,128 2. (Minus) Temporary Property Tax Credit/ Temporary Mill Levy Rate Reduction, 39 -1- 111.5, C.R.S. < > mills $ < > IF THE CREDIT DOES NOT APPLY TO the General Operating Expenses levy PLEASE INDICATE HERE THE LEVY TO WHICH THE CREDIT APPLIES SUBTOTAL 8.956 mills $ 1,534,128 3. General Obligation Bonds and Interest [Special districts must certify separately for each debt pursuant to 32 -1 -1603, C.R.S.; see Page 2 of this form. If bond levy ended last year, enter date /name]. 4.331 mills $ 741,884 4. Contractual Obligations Approved At Election mills $ 5. Capital Expenditures [These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29- 1- 301(1.2) C.R.S. and for special districts though gpproval from the Division of Local Government pursuant to 29 -1- 302(1.5) C.R.S. or for any entity if approved at election.] mills $ 6. Refunds /Abatements [if the gov't.entity is in more than one county, the levy must be uniform throughout the mills $ entity's boundaries]. 7. Other (specify): mills $ TOTAL 13.287 mills $ 2,276,012 NOTE: Certification must be carried to three decimal places only. NOTE: If you certify to more than one county, you must certify the same levy to each county. NOTE: If your boundaries extend into more than one county, please list all counties here: Counties: Contact person: Daytime (print) Scott C. Wright phone: (970) 748 -4055 Signed: Title: Mayor Send one completed copy of this form to the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, Colorado 80203 when you submit it to the Board(s) of County Commissioners. Questions? Call DLG at (303) 866 -2156. I As reported by County Assessor in final certification of valuation; use NET Assessed Valuation to calculate any levy. Form DLG 70 (rev 7103) Pagel of 2 I CERTIFICATION OF TAX LEVIES, continued THIS APPLIES ONLY TO TITLE 32, ARTICLE I SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. Total of all levies should be recorded on Page 1, Line 3. BONDS: I Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: 2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: CONTRACTS: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: 4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: Form DLG 70 (rev 7/03) Page 2 of 2 6 RESOLUTION NO. 06-55 SERIES OF 2006 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2006, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE AVON METROPOLITAN DISTRICT, AVON, COLORADO, FOR THE 2007 BUDGET YEAR WHEREAS, an Agreement for Dissolution of the Avon Metropolitan District was executed and a petition filed by the District with the District Court of Eagle County and the District was effectively dissolved on May 31, 1998; and WHEREAS, pursuant to the Agreement, the District shall continue in existence as a political subdivision of the State for the sole purpose of securing payment in full of the principal and interest of existing indebtedness; and WHEREAS, pursuant to the Agreement, the Town Council was appointed as the District Board of Directors and shall set mill levies as necessary in order to pay in full the costs of annual payments on the outstanding indebtedness; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget of the Town of Avon including the Avon Metropolitan District Debt Service Fund in accordance with the Local Government Budget Law on November 14, 2006; and WHEREAS, the amount of money to balance the Avon Metropolitan District Fund budget for bonds and interest is $487,591; and WHEREAS, the 2006 valuation for assessment for the Avon Metropolitan District as certified by the County Assessor is $148,610,620. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2007 budget year there is levied a tax of 3.281 mills upon each dollar of the total valuation for assessment of all taxable property within the Avon Metropolitan District for the year 2006. Section 2. That the Mayor acting as Board President is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Avon Metropolitan District as hereinabove determined and set. M ADOPTED this 12"' day of December, 2006. TOWN OF AVON, COLORADO Ronald C. Wolfe Mayor ATTEST: Patty McKenny Town Clerk 0 CERTIFICATION OF TAX LEVIES for NON - SCHOOL Governments * * School governments must use forms provided by the Colorado Department of Education (303) 866 -6600. TO: County Commissioners of Eagle County, Colorado. The Board of Directors (governing board) of the Avon Metropolitan District hereby certifies the following mill levies to be extended upon the (name of local government) GROSSI assessed valuation of $ 148,610,620 Submitted this date: December 12, 2006 PURPOSE 1. General Operating Expenses [This includes fire pension, unless fire pension levy is voter - approved; if so, use Line 7 below.] 2. (Minus) Temporary Property Tax Credit/ Temporary Mill Levy Rate Reduction, 39- 1- 111.5, C.R.S. IF THE CREDIT DOES NOT APPLY TO the General Operating Expenses levy PLEASE INDICATE HERE THE LEVY TO WHICH THE CREDIT APPLIES SUBTOTAL 3• General Obligation Bonds and Interest [Special districts must certify separately for each debt pursuant to 32 -1 -1603, C.R.S.; see Page 2 of this form. If bond levy ended last year, enter date /name]. 4. Contractual Obligations Approved At Election 5. Capital Expenditures [These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29 -1- 301(1.2) C.R.S. and for special districts though approval from the Division of Local Government pursuant to 29 -1- 302(1.5) C.R.S. or for any entity if approved at election.] 6. Refunds /AbatementS [if the gov't.entity is in more than one county, the levy must be uniform throughout the entity's boundaries]. 7. Other (specify): TOTAL LEVY mills $ REVENUE < > mills 1 $ < > 3.281 3.281 mills $ mills $ 487,591 mills $ mills $ mills $ mills $ mills $ 487,591 NOTE: Certification must be carried to three decimal places only. NOTE: If you certify to more than one county, you must certify the same levy to each county. NOTE: If your boundaries extend into more than one county, please list all counties here: Counties: Contact person: Daytime (print) Scott C. Wright phone: (970) 748 -4055 Signed: Title: Board President Send one completed copy of this form to the Division of Local Government (DLG), Room 521,1313 Sherman Street, Denver, Colorado 80203 when you submit it to the Board(s) of County Commissioners. Questions? Call DLG at (303) 866 -2156, I As reported by County Assessor in jqffaLl certification of valuation; use NET Assessed Valuation to calculate any levy. Form DLG 70 (rev 7103) Pagel of 2 W CERTIFICATION OF TAX LEVIES, continued THIS APPLIES ONLY TO TITLE 32, ARTICLE I SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. Total of all levies should be recorded on Page 1, Line 3. i 1 0 0111 1 It 1711'relow 1. Purpose of Issue: Water System Series: Avon Metropolitan District G. O. Refunding Bonds, Series 2001 Date of Issue: February 1, 2001 Coupon Rate: 4.00% - 4.20% Maturity Date: November 1, 2010 Levy: 3.281 Revenue: 487,591 2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: CONTRACTS: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: 4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: Form DLG 70 (rev 7/03) Page 2 of 2 0 To: Honorable Mayor and Town Council 1Ohnm: Larry Brooks, Town Manager From: Scott Wright, Finance Di Date December 5, 200 Re: Resolution O8-58. Supplement to Lease Purchase Agreement Summa : This resolution adopts a Supplement to the Town's 2003 Master Lease-Purchase Agreement with Wells Fargo Brokerage Services, LLC. Previous Council Action: Council previously approved through Ordinance the 2003 Master Lease-Purchase Agreement. Discussion: Capital lease purchases are acapital financing too] that lessen the burden of an initial purchase of capital equipment and spreads the cost out over the asUmohad useful life of the asset. In addNon, several items of equipment, including the Bobcat identified below, have been purchased for use atthe Village of Avon and a pro rata portion of the annual lease purchase payment is included in the Town's municipal service invoice. This supplement finances the purchase of a Bobcat toocat. a Fleet Maintenance service bnok. Motorola 8U0 MHz radios, and a Toro mower. These items and the lease financing were approved in the 20OSbudget. Financial Implications: The amount of the supplement is $172.075.54 to be amortized over aperiod of5 years at an interest rate uf4.2O%. Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Page 1 Attachments: A — Resolution 06 -56 B — Governmental Lease - Purchase Master Agreement dated March 28, 2003 C — Supplement to Governmental Lease - Purchase Master Agreement, including Exhibit A and Schedule 1 • Page 2 RESOLUTION NO. 06 -56 A RESOLUTION AUTHORIZING THE USE OF A PREVIOUSLY APPROVED GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT DATED MARCH 28, 2003 AND APPROVING A SUPPLEMENT THERETO AND RELATED DOCUMENTS AND CERTIFICATES WHEREAS, the Town of Avon has entered into a governmental lease- purchase master agreement dated March 28, 2003 for the purchase of certain municipal equipment; and WHEREAS, the Town, in its 2006 budget has appropriated funds for the purchase of municipal equipment; and WHEREAS, the Town desires to use capital lease financing for the purchase of certain items of equipment. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Supplement attached to the previously approved Governmental Lease - Purchase Master Agreement (the "Agreement" or the "Master Lease ") with Wells Fargo Brokerage Services, LLC dated March 28, 2003 is hereby approved substantially in the form presented to this Council and on file in the office of the Town Clerk. Section 2. The Finance Director of the Town of Avon is hereby authorized to execute this Supplement thereto on behalf of the Town, and to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Agreement and said Supplement. The Agreement, the Supplement and the related documents may contain such necessary and appropriate variations, omissions and insertions as the Finance Director shall determine to be necessary, and the execution thereof by the Finance Director shall be conclusive evidence of such detennination and its approval by the Council. Section 3. Lessee does not reasonably anticipate that it will issue tax - exempt obligations (not including "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million during the calendar year in which the Lease commences. The Lease is designated as a qualified tax - exempt obligation for the purposes of Section 265(b)(c) of the Internal Revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions. ADOPTED this 12th day of December, 2006. Ronald C. Wolfe, Mayor N ATTEST: Patty McKenny, Town Clerk ogao -C) ©S` GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee: Lessor. Wells Fargo Brokerage Services, LLC Town of Avon Public Finance Department 400 Benchmark Road 1740 Broadway, MAC C7300 -011 Avon, Colorado 81620 Denver, Colorado 80274 a to lease to Lessee, and Lessee hey alP'� to lease from Lessor, the personal PmP�3', described in 1. LEASE. Lessor hereby greener from time to time signed by Lessor and. Lessee upon the terms and conditions set a Supplement or Supplements to this Masten together with all replacements, repairs and additions incorporated therein or affixed forth in the related Supplement (such property g Supplement shall be considered a referred to herein as " Equipment" )- The lease of the items described in a particular lease a Ong thereto being Supplement the same as if a single Stich separate lease pursuant to the terms of the Master Lease and the S � of each Supplement shall evidence a determination by the terms had been executed covering such items. The execution b5' tiara and desires to enter into that Lessee that the Equipment covered thereby is essential to its proper, efficient and economic opera for the governmental Equipment under the terms hereof; that the Egmpment is necessary Supplement for the acquisition of that Equip nor a dealer. or merchant of said EquipmcM but has agreed to hereof at the specific request of functions of Lessee, and that Lessor is neither the manufacturer of said Equipment under the tenors provide the funding for and on behalf of Lessee for the acquisition L..=, to Lessor a ACCEPTANCE- Lis will evidence its acceptance 2. DELIVERY AND of the Equipment by executing and delivering Delivery and Acceptance �� (herein S° called) in the form to be provided by Lessor. to each item of Equipment shad begin on the date it is accepted by Lessee and shad 3. TERM. The term of this Lease with respect lement unless earner terminated as Provided herein. The rent continue from the rent commencement date shown in the related SuPp Certificate. commencement date is the Acceptance Date as recorded on the Acceptance the amount shown in the related Supplement as Total RCM 4. RENT. Lessee shall Pay as basic rent for the full term of this Lease of interest, Exhibit "A" attached to the related of each rent payment is paid as, and represents the Payment Ic in installments and a portion dent of each rent payment during the term. The TOW Rent shall be ix Supplement sets forth the interest component set forth in the related Supplement plus any applicable sales and use tax thereon. each in the amount of the basic rental payment Supplement Except � specific" n 11v provided m Section 5 hereof, the L shall pay rent in installments as shown in the Related Supp will not be subject to any set-off, defense, cx� de, claim or rental payments will be absolute and unconditional in all events and recoupment for any reason whatsoever. payments daring the term of fire Lease and hereby Lessee reasonably believes that funds can be obtained sufficient to make all rent and P� funds from which within its power to obtain, maintain and property reel on from the governing covenants that it will do all things lawfully roved the rent payments may be made. The chief executive officer of the unit shall request portion board and exhaust all available awe reviews and appeals in the event such requests from its legislative body or funding mldx ity furies to be PION OF FUNDS. If Lessee periodically with appropriate 5. NON- APPROPRIA notwithstanding the making in good Earth of such request in accordance paid to Lessor under this Lease and procedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not approve fonds to be paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such notice or upon the exhaustion of the funding authorized for the then current appropriation period, whichever is later, ret un the Equipment to Lessor at Lessee's expense and thereupon be released of its obligation to make all rental Payments 10 Lessor due thereafter, provided: (i) the Equipment is returned to Lessor freight prepaid and insured to any location in the c0nfimcntal United States designated by Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof excepted, (H) the foregoing notice states the failure of the legislative body or funding authority to appropriate the necessary funds as reason for cancellation, and (iii) the notice is accompanied by payment of all amounts then due to Lessor under this Lease. In the event Less= returns the Equipment pursuant to the terms of this Section 5, Lessor shall retain all sums paid hereunder by Lessee including any security deposit paid hereunder. To the extent permitted by law, if the pirovisions, of this Section 5 are utilized by Lessee, Lessee agrees not to purchase, lease or rent equipment performing functions similar to dxm perfbm ed through the use of the Equipment, or to obtain from any source the services or uffinuixtion which the Equipment was to perform or for the balance of the appropriation period following Lessees exercise of its termination right hereunder. This Section 5 provide, allocate funds will not be construed so as to permit Lem to terminate this Lease in order to acquire any other equipment or to all directly or mdm.--* to perform essentially the saw application for which the equipment is intended. 6. REPRESENTATIONS AND WARRANTIES OF LESSEE Lessee represents and warrants and, so long as this Lease is in effect or any part of Lessee's obligations to Lessor remain unfulfilled, shall continue to warrant at all times, that: (a) Lessee is a State, a Territory or a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, and Treasury Regulations and Rulings related thereto. If Lessee is incorporated, it is duty orgarawd and existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to Preserve and keep such organization and existence in fiffl force and effect. (b) Lessee has been duly authorized by the Constitution and lam of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Lem and each Supplement and to carry out its obligations hereunder. (c) All requirements have been met, and procedures have occurred in order se and .r to insure the enforceability of this Lease, ar, - Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions wmemplated by this Lease. (d) The Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary firrictions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any 3 person or entity other than Lessee. (c) Lessee has funds available to pay rent until the end of its current aPPrOPnatiOn period, and it will request funds to maim payments in each appropriation period, from now until the end of the term of this Lease. (f) This Lem constitutes a valid, legal and binding obligation of Lessee enforceable against Lessee m accordance with the respective terms hereof (g) This Lease is not an arbitrage bond for purposes of Section 148 of the internal Revenue Code of 1986, as amended, and Lessor and Its assigns are entitled to treat the interest portion of the payments to be made hereunder as exempt from federal income taxes under Section 103 (a) of the Internal Revenue Code of 1986, as amended. (h) Lessee shall maintain records relating to the Lessor and its assigns Offic'Cot to comply with the registration rNwrements of Section 149(a) of the Internal Revenue Code of 1986, as amended. (i) Lessee does not reasonably anticipate that it will issue tax exempt obligations (not including "private aCtIVILY r.* as defined in Section 141 of the Internal Revenue Code Of 1986, as amended) in an aggregate amount in excess of Slo million during the calendar year in which this Lease term commences, and this LMW is designated as a qualified tax exempt obligation for Purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986 relating to deductibility of interest by financial institutiOM I 0) This Lease Is not and shall not become a "private activity bond" within the meaning of Section 141 of the internal Revenue Code of 1986, as amended. (k) Lessee shall comply with all provisions of the Internal Revenue Code of 1986 which are necessary to preserve the tax exempt status of the interest component of the payments made and to be made under this Lease, including, without limitation, the investment and rebate provisions of Section 148, the prolubition against federal guaranties under Section 149 (b) and the information reporting requirements of Section 149 (e). 7. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements Or representations made by Lessor. LESSOR MAKES No WARRANTY WITH RESPECT To THE EQUIPMENT, EXPRESSED OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LLkBff-= FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY To USE THE EQUIPMENT. Lessee agrees to make rental and hereunder without regard to the condition of the Equipment and to look only to persons other than Lessor other payments required or carrier thereof should any item of Equipment for any reason be defective. So long as no Evens. Of such as the manufacturer, vendor to Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recmw Lessor, any warranty received by Lessor. t b i Equpmeny Lessee hereunder, title to the F 8. TrTLE. Upon acceptance Of the I - quipment Will vest in the Lessee; provided, however, that (i) upon the occurrence of an Event of Default, as that term is defined in Section 20 hereof or (H) i Lessor n the event that the assignee. For purchaas se option, If any, has not been exercised prior to the expiration date thereof, title will immediately vest in or Its all claims long as title to the Equipment vests in Lessee , Lessee at its expense s hall protect and defend the title and keep it free of a shall liens other than the rights of Lessee hereunder and claim and liens created by or arising through Lessor. Ilk Equipment be and of Its attachment to realty, and Lessee agrees to take such action at its expense as may remain personal property regardless necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. of all Lessees obligations hereunder, Lessee 9. SECURITY, AGREEMDu; FURTHER ASSURANCES. To secure the Performance pairs, hereby grants to Lessor a security interest constituting a first hen on the Equipment and on all addition-". attachments' re modifications thereto or therefor, including all after-acquired Equipment Of Lessee, and on any proceeds replacements and including-, without limitation, financing statCHIC11M agrees to execute or deliver such additional documents, to therefrom. Lessee notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropri= opinions of counsel, or the confirmation or pofection of this Leasc and Lessors rights establish and maintain its security interest in the Equipment or f with the Uniform hereunder. Lessor is hereby authorized to file financing statements signed only by Lessor in accordance Commercial Code or signed by Lessor as Lessee's attorney in fact. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any or its use or the rentals hereunder excluding, however, any taxes on or measured governmental body or agency upon the Equipment file all tax returns relating to taxes for which Lessee is by Lessor's net income. Upon request by Lessor, Lessee shall prepare and responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing Jurisdiction- 11. INDEMNITY. Lessee hereby indemnifies and agrees to save Lessor harmless from any and all liability and expense arising Out of each Item of Equipment during the term of this Lease, including liability of the ordering, ownership, use , condition or operation under the laws or judicial decisions Of any state Or the United to persons, damage to property, strict liability iaby for for death or injury States, and legal expenses in defending any ' claim brought to enforce any such liability or expense, but excluding any lia which Lessee is not responsible under Section 10. s prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber or 12. ASSIGNMENT. Without Lessor's interest in this Lease or the Equipment or remove the Equipment from permit alien arising through Lessee to exist On Or against' Lease and sell or grant a security Interest in all Or any Part off the its location referred to above. Lessor may assign its interest in this Of Lessor any claim or defense Lessor may have equipment without Lcssce.s consent Lessee agrees not to assert against any assignee against Lessor. the Equipment at any time and from time to time during regular business hours- 13. INSPECTION. Lessor may inspect 3 I 14. REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the Equipment in good repair, condition and working order and will furnish all parts and services required therefore, all at its . Ail such parts when furnished' shall immediately become the property of Lessor and part of the Equipment for all purposes hereaE 15. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, such item de but promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect ac unpaid at the date of such payment plus (b) the amount stated in the Supplement or an exhibit thereto as the Termination Balance included in Exhibit "A ", plus (c) an amount equal to the applicable final purchase option price set forth in the Supplement or any exhibit thereto. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will trams to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments remaining ents on the remning items shall be reduced accordingly. Lessee shall pap any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this paragraph and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance against liability for bodily injury and Property damage with a minimum limit of $500,000 combined single limit and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement vahie of the Equipment or the amount stated in the Supplement or an exhibit thereto as the Termination Balance. Lessee shall furnish Lessor with certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shah contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or the cancellation thereof and a clause sP=fying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall shall not be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee m heSSee will furnish Lessor with a comply with the requirement thereof In the event that Lessee has been permitted to self - insure, letter or certificate to such effect. 17. RETURN OF THE EQUIPMENT. Upon the expiration or earlier termination of this Lease, unless all payments are made as described in the Supplement, the Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other exPenses relating to such delivery. 18. ADDITIONAL ACiTON. Lessee will promptly execute and deliver to Lessor such further documents and take such fli Cher action as Lessor may request in order to more effectively out the intent and purpose of this Lease, including the execution and delivery of appropriate financing statements to fully protect Lessor's interest hereunder in accordance with the Uniform Cosheet and Code or other applicable law. Lessee will furnish, from time to time an request, a copy of Lessee's latest annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent is not paid when due or within 5 days thereaficr, Lessor may impose a late charge of up to 5% of the amount of the installment but in any event not more than permitted by applicable law. Payments thereafter received shall be applied first to delinquent installments and then to current installments - 20. DEFAULT. Each of the following events shall constitute an "Bvern of Default ereunder. (ate) � or performed Lessee any installment on basic rent; (b) Lessee shall fail to observe or perform any other agreement Lessor v L essee; (c) any �, hereunder and the continuance thereof for 10 calendar days following written notice ih� � been false or misleading in any representation or statement made or furnished to Lessor by or on behalf of Lessee p on for liquidation, reorganization' material respect or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a P� Lure state fu federal or s adjustment of debt, or similar relief under the federal or state Bankruptcy Code or any other Present or part of its assts. bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or all of a substantial 21. REiNEDMS. Lessor and Lessee agree that Lessor's damages suffered by reason of an Event of Default are uncertain and not capable of exact measurement at the time this Lease is executed because the value of the Equipment at the expiration of this Le: ase is uncertain, and therefore they agree that for purposes of this Section 21 "Lessor's Loss" as of any date shall be the sum of the V, following: (1) the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the amount stated in the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to the applicable purchase price set forth in the Supplement. Upon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occurrence of an Event of Default specified in Section 20 (d), an amount equal to Lessor cc 's Loss as of the date of such occurrence shall automatically be and became immediately due and payable without notice or demand of any land. written notice to Lessee, terminate this Lease and declare an amount equal to Lessor's Loss as of the date of such A. Lessor may, by n be and become immediately due and payable without further notice to be immediately due and payable, and the same shall thereupon notice or demand, and all rights of Lessee to use the Equipment shall terminate but Lessee shall be and remain liable as provided in this Section 21. Lessee shall at its expense promptly deliver the Equipment to Lessor at a location or locations within the continental United States designated by Lessor. Lessor may also enter upon the premises where the Equipment is laud and take immediate possession of and remove the same with or without instituting legal proceedings- B. Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of this Lease or to recover, for breach of this Lease, Lessor's Loss as of the date Lessor's Loss is declared due and payable hereunder, prmded, of Lessor's Loss from Lessee in any such action without having to repossess and dispose of the however, that upon recovery of any additional amount due under Equipment, Lessor shall transfer the Equipment to Lessee at its then location upon payment clause (C, D, E) below. the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee's obligation C. In the event Lessor repossess meat in such a manner and upon such terms as Lessor may m its sale discretion hereunder or sell or lease each item of Equip esso applied to reimburse Lessor for Lr's Loss and any additional amount due determine. The proceeds of such sal lease shall be entitled any surplus and Lessee shall remain liable for any deficiency. For purposes of under clause rap , Lessee lease of all or any part of the Equipment by Lessor shall be the amount reasonably assigned try this subparagraph, fire proceeds ��3' Lessor as the cost of such Equipment in determining the rent under such Lease. D. Lessor may recover interest on the unpaid balance of Lessor's Loss from date it becomes payable until fully paid at a rate of 8 °l0 per annum. other right or remedy available to it by law or by agreement, and may in any event recover legal fees and E. of Lessor may exercise any remedy hereunder, including expenses other expenses incurred by reason of an Event of Default or to the exercise of any of repossession, repair, storage, transportation, and disposition of the Equipment. No remedy given in this section is intended to be exclusive, and each shall be cumulative but o Les or �� any ryDeiaoilt permit Lessor to recover amounts for which Lessee is liable hereunder. No express or implied waiver by constitute a waiver of any other Event of Default written notice hereunder to Lessee shall be deemed to have been given when delivered Personally or dcPMted in the NOTICES. Any addressed to Lessee at its address set forth above or at such other address as may be last the United States mails, postage Pfd' known to Lessor. 23. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net lease and Lessee's obligation to pay the Lessee under Sections 15 and 21 is uncondition and not subject to any abatem cM won' setoff or rent and amounts payab le by al defense of any kind except as expressly Provided hen related Supplement may be prepaid m whole, but not in part, and an a regular payment date 24. PREPAYMENT. This lease and any set forth as Termination Value an the Exhibit A with forty-five (45) days written notice to Lessor, upon payment of the amount attached to said Supplement . This Lease cannot be canceled or terminated except as expressly Provided item- 25. NON-CANCELLABLE LEASE 0 26. SURVIVAL OF MENfl4nMS. Lessee's obligations under Sections 10 and 11 shall survive termination of this 27. MISCELLANEOUS. A13Y provision of this Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be ineffective to the extent of such unenforceability without mvah&ttng the rermining PrOvISIOW Of this lease, and any such shall not unenforceable such provision in any other jurisdiction. This Lease shall in all uncuforceability in any jurisdiction the Lessee is located. respects be governed by, and construed in accordance with, the substantive laws of the state in which Dated: March 28, 2003 Lessee: Town of Avon, Colorado By: Its: Lesson Wells F Brokerage Services, LLC By-( Its: Investment Banker 31 E Wells Fargo Brokerage Services, LLC 1740 Broadway, MAC C7300 -011 Denver, Colorado 80274 SUPPLEMENT TO GOVERNMENTAL LEASE - PURCHASE AGREEMENT Name and address of Lessee: Lease No.: 0900 -010 Town of Avon 400 Benchmark Road Avon, Colorado 81620 This is the Supplement to the Governmental Lease - Purchase Agreement dated December 14, 2006, between Lessor and Lessee. Pursuant to the Governmental Lease- Purchase Agreement and this Supplement, Lessor is leasing to Lessee, and Lessee is leasing from Lessor, the Equipment described below. VnT rrnr 4 kT r TIT: Q r''R TPTTnTTT Quantity VIN or Serial Number Please see attached Schedule ! Location of Equipment (if different from Lessee's address ) SCHEDULE OF RENT PAYMENTS Basic Rental Number Of Advance Payments $39,005.79 Payments 5 Payments -0- Acceptance Date: December 14, 2006 Term in months (assuming all Renewal Terms) Interest Rate First Payment Due Final Purchase Option Price 60 months 4.20 %% Dec. 14, 2007 $1.00 Rental payment period (check one) ® Annually FINANCE AMOUNT: $172,675.54 TOTAL RENT: $195,028.95 Additional Provisions: LESSOR: Wells Fargo Brokerage Services, LLC as Its: Date Cynthia M. Slawson LESSEE: Town of Avon, Colorado LIZ Its: Assistant Vice President Date: December 14 2006 December 14 2006 Equipment Town of Avon Exhibit A Costs Funded Payment Rate $172,675.54 4.20% 5 Payments 1 per year 4.200% Rate Level Payment $39,005.79 Fctr= .225891 Closing Fees $0.00 Average Life 3.08 years 37.0 months After Payment Commencement: Dec 14, 2006 Pmt Closing Date: Dec 14, 2006 By: Its: Dated as of Total Payment Interest Principal After Payment After Payment Payment Due Pmt Due Payment Due Payment Due Principal Termination Date Balance Value $0.00 $0.00 $172,675.54 Dec 14, 2006 1 $39,005.79 $7,252.37 $31,753.42 $140,922.12 $140,922.12 Dec 14, 2007 2 $39,005.79 $5,918.73 $33,087.07 $107,835.05 $107,835.05 Dec 14, 2008 3 $39,005.79 $4,529.07 $34,476.72 $73,358.33 $73,358.33 Dec 14, 2009 4 $39,005.79 $3,081.05 $35,924.74 $37,433.58 $37,433.58 Dec 14, 2010 5 $39,005.79 $1,572.21 $37,433.58 $0.00 $1.001 Dec 14, 2011 By: Its: Dated as of Town of Avon, Colorado Lease No. 0900 -010 SCHEDULE 1 (Held by Lessor) YEAR DESCRIPTION VIN # OR SN# TITLE RECD. 2006 Chevrolet Silverado 3500 1 GBJK34G96E285269 Motorola Radios & Accessories (25 Bobcat S/N: A00311514 Toro Z- Master S/N: 260000194 AV111me To: Honorable Mayor and Town Council 7Fhrm: Larry Brooks, Town Manager From: Norman Wood, Town EngingSr J8f�8y��ChO8id�r'EOgiD8�[\| / Date: Decemter0.2006 Re: Resolution No. O8-57. Approving the Final Plat, ARSSUbdiviSiODOf Lot 4O' Block 4' Wildridge, Town of Avon, Eagle County, Colorado (5070 Wildridge Road East) Phillip M8tS8n, owner Of Lot 4O. Block 4.VW|dhdge. has submitted 8 Final Plat � Lot 40, Block 4, �|dhdge, 7�n�/�O. Eagle County, Colorado, |�� � "' ^~~~~~'`'~~7UBVW|dhdg8 Road East. This is Final Plat 0f8 newly developed duplex lot, ^"'~`i~�~~~LCk4UiOt0LOiS40A and 4OE] and Cna8dOgtwo access 8@38nn8n[SL0provide P�SV��V0|n� , ' --- driveway 8CC8SS to each of the units. The Subdivision is in COnh3OnoDnH with }Up|8x Subdivision and Final Plat Requirements Set forth in Title 16 Of the Avon Municipal Code, Subdivisions. Resolution 06-57 is attached as Exhibit A, and 8 copy of the Final Plat is attached 8S Exhibit B. Staff recommends approval of Resolution No. 0O-57. Series of 2000 A RSe0|uUOn Approving the Final Plat, @ ReSUbdivisj0n Of Lot 40. Block 4, W|dhdge. Town of /vOD' Eagle County, CO|o[8dO. SuhieC1 to Cn[np|HdOn of technical CommCtinOg identified Uystaff. Recommended Motion: | move to approve Resolution No. 00-57. Series of 2006. A the Final Plat, ��. 8 Re8Ubdi�UO Of Lot 4O, Block 4, VW|dhdg8, Town Of '`~~~~~~''|Approving Colorado, subject to DDDlp|8tiOn of technical CO[ReCUOOS identified by Town ManaAer Comments: m�n� plat council memo 12�� C�Docum�n� �� o�"s=`'�'�°�, ''~~~------ -- �Exlll'g / 7- "4 , 0 Ft��� RESOLUTION NO. 06 - 57 Series of 2006 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 40, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Phillip Matsen has submitted a Final Plat for a Resubdivision of Lot 40, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, located at 5070 Wildridge Road East; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance Duplex Subdivision Requirements set forth in Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 40, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS F-V-811 Patty Bierle-McKenny Town Clerk DAY OF 92006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor C:\DOCLIments and Settings\nwood\Local Settings\Temporary Internet Files\OLK23\1­40134 WR Final Plat res06-57.doc Exhibit A Resolution 06-57, Series of 2006 Exhibit B Copy of Final Plat, Lot 40, Block 4, Wildridge 9 Page 2 /11 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: December 6, 2006 Re: Resolution No. 06-58, Canceling Council Meeting Summary: This Resolution cancels the December 26th Council meeting that falls the week of the holiday. This meeting has generally been cancelled in the past. TOWN OF AVON, • #'' i• RESOLUTION N• i. SERIES OF 1i. WHEREAS, the second and fourth Tuesdays in each month are set aside for the regular meetings of the Town Council of the Town of Avon; and WHEREAS, the fourth Tuesday in December, 2007, falls within the Holiday timeframe; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, that: The regular meeting of the Town Council scheduled for Tuesday, December 26, 2006 is hereby vacated and canceled. ADTOPTED this — day of December 2006. 91relYWYNKSINT'InIfflo 0EKLewafflej •'' � t' Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 28,2006 A regular meeting of the TOVvD of Avon, Colorado was held at the Avon K4UOiCip8| BUi|diOg, 400 Benchmark Road, Avon, Colorado iD the Council Chambers. Mayor Ron Wolfe called the meeting to order at5:3O PM. Patty yWCNeDny. Town Clerk, noted that the November 7, 2006 election results were certified by Eagle County Clerk & Recorder Teak Simonton and welcomed the newly elected Council Members: Ron Wolfe, David [}8nt8S. Brian SipeS, Richard C8[rO|\. Buck Allen, K8VniCip8| JUdge, was present to SvvH8r in the Oevv|y elected Council Members. Mayor Wolfe D0OliD8ted K8@yU[ Pro TOO) Underwood to COOdUCt business related to the election of the new K88y0[ & W1GyOr Pro TeDl; the DlOdOD was seconded and approved unanimously. KA8yo[ P[0 te0 Underwood C8||ed the meeting to order with a [O\| Ca|| vote and the following members were present: Rich C8[rO||. Dave [)ant8a. P{riSti Fe[ronJ' /\nDy Phillips, Brian Sipes, and Ron Wolfe. Councilor Sipes noOVed to OOnniD8[e Ron Wolfe as Mayor; Councilor Ferraro seconded the motion and it passed UO8ni00US|y. After counting vVtes, it was decided that Ron VVO|fB xvOu\d [e0giD the Mayor of Avon. Councilor Ferraro moved to nominate Brian Sipes as Mayor P[VTe0. Ron Wolfe moved to DO0iO@teT@0rg UDdBRmVOd as Mayor P[0lFem; She declined the OVnOiO8hOn. Councilor Phillips seconded the DorDiO8tiOO of Brian Sipes and the [nOd0O passed UOgOiOlDuS|y. After counting votes, it was decided that Brian Sipes would Serve as the new Mayor Pro l[e0 of Avon. Also present were Town Attorney John Dunn, Town K88Oage[ Larry B[OOhS' Town Clerk Patty WqcPCeDDy, TOvvO Engineer NO[Ol VVOUd, Finance Director Scott Wright, Community Development Director Eric Heidenlann and Public Works/Transit Director Bob Reed a8 well 8S members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST The agenda was approved with the fV||0vviOg additions: diScUSSiOO of the fund b8|GDCe reserve policy 8t the time of consideration Of R8S0|UtioD NO. 08-52, consideration of letter to Vi||8Q8 at Avon appointing /\VOO'G representative to their Design F<eViBVv BO@rd, address the Eagle County's legislation related t0 the seat belt law. Town Attorney John Dunn noted there were no quasi-judicial matters OO the agenda that VVVU|d include a potential CODf|iCt Of interests for this meeting. RESOLUTIONS Jeff Schneider, Engineer, presented R8SU|UtiOn NO. 00-48. Series of 2006' A Resolution Approving the Amended Final Plat, AResUbdiv\siOn of Lots 12A and 12E}' Block 1, VVi|dhdge. Town of Avon, Eagle <�OUntv' (�V|0rgd0. He reviewed the 8nl8Oded �Da| plat creating duplex units ~`~ for 2190A and 21SO' 88dd|8r\dQe Loop and noted that the item vv8S tabled at the ^nober 14m meeting due to SOnle CDnCe[Os about |oC@bOnS of easements and technical ~~^~Ci\Ons. GVODe language was drafted as 8 plat note to address the concerns and vVOu|d be corrections. Applicant (�hGdd��iBg|e[,Ovvner0f the prOpe�y.spoke about the co[nnOon added at and questions related tOthe e@SeOnBDt. He would contact surveyors about moving lot p`r~@Od C�OtiRUO to vvOrh with staff resolve the concerns. After S0nne further discussion, ''''~~ MGyOrPro Teo Sipes moved to approve R es0| Resolution No. 06- 48 . Series of 2000 . A Resolution Approving the Amended Final Plat, A Resubd\ViaiVn of Lots 12A and 12B, Block 1.VVi|dridge with the suggested technical corrections. Councilor Ferraro seconded the motion and itpassed unanimously with 8 nO|| CG\\ vote. Mayor Wolfe read both Resolution No. 06 -49, Series of 2006, A Resolution in Appreciation of Debbie Buckley and Resolution No. 06 -50, Series of 2006, A Resolution in Appreciation of Mac McDevitt. Councilor Underwood moved to approve Resolution No. 06 -49; Councilor Phillips seconded the motion and it passed unanimously. Councilor Underwood moved to approve Resolution No. 06 -50; Councilor Ferraro seconded the motion and it passed unanimously. Mayor Wolfe presented Resolution No. 06 -51, Series of 2006, A Resolution approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary School and noted that several ideas have been raised by the Town Manager and other council members regarding the relationship with Stone Creek Elementary School. Larry Brooks commented on the fact that there is some confusion over the tap fees components and understanding the term of the agreement. It was suggested that Council invite the Stone Creek Elementary School Board members to a work session to discuss topics that might alter the agreement as well as long -range topics, such as the proposed permanent location. Brooks also suggested tabling this amendment until a later date so that further conversations might identify additional amendments to the agreement. Bill Hammer, President of the School Board, thought it might be a good idea; some discussion took place about the status of the school board, and the vacancies that exist at this time. A great deal of discussion ensued on the tap fees and how to handle payment of the fees some of which focused on the following points: • Why the town might cover the fees at this time; pay now since the costs of the fees will be escalating into the future • The taps will stay with the property • What are town's plans for the property and when might that happen Becky Boltmeier from Eagle River Water Sanitation District was present to answer some questions; she noted that the District has received payments and that the rate for 2006 will not increase. All Council member supported meeting with the Stone Creek Board to discuss some of the following items: ✓ Work session in January to discuss needs & expectations of the school ✓ Extension of term of lease • Future planning for vacating site • Potential payment of tap fee Councilor Underwood moved to table Resolution No. 06 -51, Series of 2006, A Resolution approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary School. Mayor Pro Tern Sipes seconded the motion and it passed unanimously with a roll call vote. Scott Wright, Finance Director, presented Resolution No. 06 -52, Series of 2006, A Resolution to adopt A Fund Balance Reserve Policy for the Town of Avon General Fund. He reviewed the proposed fund balance policy, and noted that it was a result of staff discussions and analysis of fund balance policies used by other similar communities as well as recommendations made by the Government Finance Officers Association. The recommendation was 35% fund balance or four months of operation. Wright presented the calculation of the services amount based on some of the following items: Base reserve, sales tax / tourism =based economy, major sales tax payer, tabor emergency reserve and other contingencies. He reviewed some ratios as well as the breakdown of what the reserves would look like. Town Manager Brooks noted that he had been reviewing and supportive of taking such measures for the Town. Regular Council Meeting Page 2 of 4 November 28, 2006 Mayor Pro Tern Sipes OlOVed t0 approve Resolution No. 00-52. Series of 2006, A Resolution to @dnotAFUnd�]@|8nD�R�S�rv8Po|iCyfOrtheTovVnOfAv0n{3eDer8|Fundvv�harevoioninthe ' second paragraph of the policy — including "an @nOU nt targeted to be equal to 359� �� ~' . Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. NEW BUSINESS Norm VVoOd, T0vVD Engineer, presented the information for the TVvvD of Avon Municipal Building Expansion and the selection of General COO[[@(tOr/COnStnu[tiVO Manager. VV0Od reviewed two proposals for construction services and the respective rates Of the proposals. He described both CODlp@nieG. which were very different in Size and type Of work they Undertake. Staff recommended yWcF9Oyd E3Ui|de[S for this project. Councilor Underwood moved to approve the COOtr8Ct with W1CBOyd Builders, Inc. for the YOvVn of Avon K8uOiCip8| Building Expansion. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. OTHER BUSINESS KA8yV[ Wolfe presented the topic of appointing 8 current planning & zoning Dlennb8r to the Village at Avon Design Review Board. He noted that the P&Z COrnO0iSSiOn uD8n\[nOuS|y approved Chris Green and then asked for g motion from Council. Councilor Underwood moved to appoint Chris Green to the Village at Avon Design Review Board; Councilor Phillips seconded the nOOtiUO and it passed UnGOinlUUS|y with a [O|\ CG|| Vote. Mayor Wolfe asked that 8 letter be forwarded tOT[aer Creek with the appointment. Mayor Wolfe noted that Eagle County recently passed legislation addressing the wearing of seat belts; it will be effective January 2007. Both Town K8aOuQer Brooks and Police Chief Kozak addressed the topic with the fo||OvviDg COnlrnentS: • Not comfortable with seat belt law that is not @ primary law St8L8vvid8 v' Difficult to enforce with roads falling within various jU[isdi[tiODs, it would be COrnp|ic8t8d to the visitor /and resident • |t currently applies tO only Eagle County roads / |t\Sa secondary offense statewide TOWN ATTORNEY REPORT John Dunn, TOvvO /\ttOnley. commented On the decision of the Colorado Court of @pp8@|a. which reversed the District Court's decision related to the Cassidy Sales Tax issue. The decision included that a municipality's sales tax liability is senior to that of Weststar Bank; he noted that it was an important case for all home nU|e municipalities. MAYOR'S REPORT Mayor Wolfe reported on the R|CD hearing that was conducted a week 8gn, noting that the [8CODlDOeOd8tioO was that the vV8[e[ rights be granted. He reviewed the findings Of the application process. Norm Wood commented on who objected tothe application. Wolfe also commented Onthe ECO Transit Board's long-term planning efforts and asked if a representative could 8ddnsSS {}VUnCi\ with some of the r8SV|tS. It was noted that Beaver Creek hosts the annual World Cup / Birds Of Prey this weekend. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda, which included only the minutes from WVVenlbG[ 14' 2006. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. pageaof4 ���vC�n���� November 28, 2006 There being no further business to come before the Council, the regular meeting adjourned at 7:30 PM. Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting November 28, 2006 Page 4 of 4 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Jeffrey Schneider, Engineer |k~ Date: December 6, 2006 Re: Town Of Avon Str88tSC8pe Lighting Conversion Sturgeon Electric, Inc — Change Order 001 The AVOD StneetSC8p8 Lighting Conversion project geD8r8!k/ COD3iStS of replacing light fixtures and heads in [eSideOU@| 8[88S @|ODg Hurd Lane and VVoSt Beaver Creek Boulevard. Proposed Change Order O01 extends the contract time for the agreement with 8tUrg8OO Electric to CO[npeDS8t8 for significant delays in material delivery. Staff F8C0nnnOeOdG 8ppn3v8| Of Change Order 001 to the construction CnDtc8CL with Sturgeon E|ect[iC, extending the contract time by fifty (50) calendar days from November 2, 2006 to December 22,2O0O. Change Order O01 iS attached 8S Exhibit A. Discussion: To r8p|8C8 @ total of seventy-eight (78) Str88tsC8pe lighting fixtures along Hurd Lane and VV8Sƒ Beaver Creek Boulevard, StUq]80O Electric was 8vv@nded the contract for the 2008 Avon StreetSC@pe Lighting Conversion Project at the JU|y 11, 2005 regular Town Council meeting. The COOtr8{t value is $118,778.00' and the CODt[@Ct time was initially scheduled to expire on November 2, 2000 per the Notice to Proceed dated August 4, 2008. The original contract time was based on preliminary |8@d time 8SUnnoL8S received from the supplier, Architectural Area Lighting. Substantial delays were encountered by Sturgeon in the material p[OcUnanl8nt process, resulting in eventual mobilization to replace the light fixtures on December 4, 2000' 8 miDi0U[n 0f six weeks behind initial delivery time estimates. It appears that the d8|8y8 in Dl@t8[i8| |98d time are no f@U|i of the C0Otn8Cto[' Change Order 001 iS proposed tO address these delays and extend the date Of completion 0f all vvO[k by 50 C8|eOd8[ days from November 2, 2000 to December 22, 2006. CODSinJCtioD activities will likely be completed by D8CeDlb9[ 13. 2000. [hUS 8U0Vving 8ddiUUO8| time to correct any remaining issues that may arise iO the field. There iSOU change tO contract value associated with this proposed change order. Financial Implications: Since Change Order 001 pn3poSHS extending the contract time and no change to contract v8|ue, there are no financial implications 8SSOoi8ted with @ppnOv8| of Change Order 001 t0 the Avon StreetSC8p8 UghUDQ COOvDnSiOn contract with Sturgeon BeCLhC. C:\Docurnents And Settings\Nwood\Loca|Settings\Temporary Internet noes\OLK23\Sturgeon CO1Council Merno.Docl � � Staff n3CornrO8ndS approval Of Change Order 001 to the Avon StnmetSc8pe Lighting Conversion contract with Sturgeon B8(thC' extending the contract time from November 2, 2006 to December 22, 2006 due to delays in material procurement. Proposed Motion:, | move to approve Change Order 001 b] the Avon 8ine8iSC8pe Lighting Conversion contract with SiU[g8OO E|eC\hC, extending the contract time from November 2, 2006 t0 December 22, 20O6 due i0 delays iD material procurement. Exhibit A— Change Order 0O1 Town 80anaqerComments: C:x)ocumcnts AndSaungoVvwnod\Looa| Internet CO1 Council wemoonc 2 Order No.: 001 Date: December 12 2006 Agreement Date: July 20, 2006 NAME OF PROJECT: Town of Avon Streetscape Lighting Conversion OWNER: Town of Avon CONTRACTOR: Sturgeon Electric, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Extend Contract time by 50 calendar days from November 2, 2006 to December 22, 2006 due to delays in material procurement. Justification: Significant delays in material delivery and significant variation from quoted lead times were encountered by the Contractor. Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ 113,778.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $ 113,778.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by $ 0.00. The new CONTRACT PRICE including this CHANGE ORDER will be $ 113,778.00. Change to CONTRACT TIME: The CONTRACT TIME will be increased by fifty (50) calendar days. The date for completion of all work will be December 22, 2006. APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: '® N TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 12, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL DAVE DANTAS KRISTI FERRARO AMY PHILLIPS TAMRA NOTTINGHAM UNDERWOOD TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY 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 1:45 PM 1:45 PM — 2:45 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) Pursuant to CRS 24 -6 -402 (4)(b) conference with town attorney for the local public body for the purposes of receiving legal advice on specific legal questions related to Village at Avon 2:45 PM — 3:30 PM 2. SITE TOUR OF VILLAGE AT AVON 3:30 PM — 3:45 PM 3. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES A. Housing Committee Update (Ron Wolfe, Mayor) 3:45 PM - 4:30 PM 4. CONDITIONS SURVEY AGREEMENT (Ken Schroppel, Matrix Design Group and Anne Ricker, Leland Consulting Group) Discussion of proposal for conditions survey for the purpose of identifying and documenting conditions within the Town that meet the criteria of 'blight". Discussion of proposal for preparation of urban renewal plan 4:30 PM — 5:15 PM 5. REAL ESTATE TRANSFER TAX EXEMPTIONS INCREASE DISCUSSION (Scott Wright, Finance Director) Review the RETT history, exemptions, statistical information, financial impacts and legal implications of changes pursuant to TABOR 5:15 PM 6. ADJOURNMENT Avon Council Meeting.06.12.12 Page 1 of 4 jy� AM�.� To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: December 6, 2006 Re: Conditions Survey Agreement Summary: This agreement sets forth the terms and conditions under which Matrix Design Group will perform the conditions survey for the Town, and prepare an urban renewal plan if directed to do so. Discussion: In October, staff sent out a letter to qualified consulting firms seeking proposals for the purpose of performing an initial conditions survey of the Town of Avon to determine if there is a basis for creating an urban renewal authority pursuant to Colo. Rev. Stat. § 31 -25 -104. The Town received a joint proposal from Matrix Design Group and Leland Consulting Group to perform the conditions survey and jointly provide services in the preparation of an urban renewal plan should the Town continue in this course of action. The attached agreement sets forth the scope of services for the conditions survey, including a final report to the Town, for a fee of $24,500. The agreement also sets forth the scope of services for preparation of the urban renewal plan, should the Council provide written direction to the consultant to proceed. The fee for the urban renewal plan, including three public meetings, is $22,500. Randy Funk from Sherman and Howard, legal counsel representing the Town in the urban renewal process, in large part drafted this agreement and has approved its form. John Dunn has also reviewed this agreement. Page 1 I Financial Implications: The Town's current budget for 2006 is $120,000 for legal and consulting fees. The fees for this agreement have been anticipated and are included in this budgeted figure. Recommendation: Staff recommends that Council approve the attached agreement and authorize the Town Manager to execute the agreement. Town Manager Comments: • Page 2 H CONDITIONS SURVEY AGREEMENT This Conditions Survey Agreement (this ` ) da1edusofDeoombcr 2006 ia6vand between the TOWN OF AVON, COLORADO, uCo[orudo municipal corporation (the "Tovvn`'> MATRIX DESIGN GROUP, INC., aCu}orudo corporation ("Matrix"), and LELAND CONSULTING GROUP, INC., a Colorado corporation (^Lclood`) and Leland are collectively the "Consultant"). WffB}QBAS, the Town is umunicipal corporation and political subdivision of the State of Colorado and is interested in determining Tvboihcr there is any basis for the creation of an urban renewal authority pursuant toColo. Rev.Sto1. G3l-25-l04;and WHEREAS, the Town seeks to commission a000diliouo survey to determine whether u portion of Avon, Colorado, is o ^1`|iehtcd acua" as defined in C.R.S. 8 31-25-103(2) (the "Conditions Soo/s»');and WHEREAS, the Town desires to retain o consultant that is experienced in the perlbznzonco of conditions surveys with proven capability and experience to provide the son/ioos set forth in this Agreement; WHEREAS, if the Conditions Survey establishes the presence of blight, the Town will desire to commission an urban renewal plan (the "Urban Renewal Plan"); and WHEREAS, Consultant has represented that it possesses such experience and capability to perform uCnuditiooa Survey and prepare the Urban Renewal Plan. NOW, THEREFORE, for good and valuable consideration uu set forth iu this Agreement, the parties agree asfollows: I . PURPOSE. The purpose of this }\g7oen/cu1 is to set forth the terms and conditions under which Consultant will perform the Conditions Survey for the Town during the term of this Agreement, as more fully described herein, and prepare an urban rcucn'al plan if directed to do so. 2. TERM. The term o[this Agreement mhuU connnouco as o[ the date hereof and Consultant ohu{ complete the Conditions Surrey, as defined below, by May 15, 2007. The Town shall have the right to tan-nivato this Agreement in the event that the Town Council o[the Town does not appropriate, budget, or otherwise make funds available for the purpose of extending this Agr000zoot past the current calendar year, or in the cvcu1 that any court of competent jurisdiction dctcnnincu that any extension of this AgTcococo1, or any provision of the /\grccmou1, is in violation of Section 20, Article of the Colorado Constitution. Any such termination ahu}1 not be considered a breach of this Agreement or any extension thereof. In addition, the Town may terminate this Agroeo)cod or any renewal dhorcof, for its convenience, without cause, by giving written notice to Consultant ten (lO) days in advance oFthe effective date of such termination. In the ovod of such termination notice, Consultant shall cease work and the Town shall compensate Consultant for its services rendered to the date of such notice. 3. SCOPE OF SERVICES FOR CONDITIONS SURVEY. Consultant shall be responsible for the supervision, labor, materials, equipment, and services to provide an initial conditions survey within the Town to determine if there is a "blighted area" as defined in C.R.S. § 31 -25- 103(2) (the "Conditions Survey "). The Conditions Survey shall focus on a 450 acre area within the Town which is referred to as blocks 1 and 2 of the Benchmark at Beaver Creek subdivision, the Confluence subdivision, and the northeast corner of the Nottingham Station subdivision, which are all identified as the "Urban Renewal Area" depicted on Exhibit A attached hereto and hereby incorporated by reference (the "Survey Area "). The Conditions Survey shall include, at a minimum, the following components: 3.1. Consultant shall prepare maps to document the location of properties and areas within and surrounding the Survey Area to reflect conditions, alternatives, and findings related to the Conditions Survey, and, if applicable, to an urban renewal plan (the "Urban Renewal Plan ") for the Survey Area. Consultant shall collect additional information related to the properties within and adjacent to the Survey Area, including public facilities, parcelization, utilization of sites, ownership patterns, street layout, and physical condition of structures. Such collection of additional information shall be based on property observations, information provided by the Town and from key property owners, and from research of public records. 3.2. Consultant shall conduct a detailed on -site field survey of the Survey Area to identify and document conditions that meet the criteria of a "blighted area" as defined by C.R.S. § 31 -25 -103, including the following eleven factors: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; C. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title non- marketable; h. The existence of conditions that endanger life or property by fire or other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; and 2 k. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements. Factors a -k are referred to herein as `Blight Factors." Such on -site field survey shall include identifying and documenting conditions of blight associated with Blight Factors a -f, and k above. Such on -site survey shall also include interviews with appropriate Town staff, building managers of buildings in the Survey Area, and owners in the Survey Area in order to incorporate specific information related to conditions of blight in the Survey Area described in Blight Factors g i above. 3.3. Consultant shall prepare a draft report to document and illustrate the Blight Factors present within the Survey Area. Such draft report shall respond directly to the Blight Factors and shall address, at a minimum, the following key issue: The extent to which the Survey Area constitutes a social or economic liability for the Town, i.e. whether "the Survey Area's present condition and use, and by reason of the presence of at least four Blight Factors, substantially impairs or arrests the sound growth of the Town, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare." Such draft report shall include a series of maps illustrating the location of specific blighting conditions, representative photos illustrating such conditions, a bibliography of reports and reference materials, and a property inventory. Upon receipt of comments to the initial report by Town officials, the Consultant shall revise the draft report and prepare a final report for consideration by the Town Board. Consultant shall present in person, if requested by the Town, the final report. Such final report shall include, at a minimum, the following documents: Area, and a. Draft and Final Conditions Report. b. Conditions Maps C. Photographic Presentation of the Physical Condition of the Survey d. Base Maps. 3.4. All reports, analyses, written products, and other materials prepared for the Town pursuant to this Agreement shall become and remain the property of the Town. 4. SCOPE OF SERVICES FOR THE URBAN RENEWAL PLAN. Consultant shall be responsible for the supervision, labor, materials, equipment, and services to prepare and provide the Urban Renewal Plan upon completion of the Conditions Survey, the finding of a 3 blighted area, and upon receipt of written direction from the Town to proceed with the preparation of an Urban Renewal Plan. 4.1. The Urban Renewal Plan shall include, at a minimum, the following components: a. Urban Renewal Plan Alternatives and Impact Analysis, which shall include draft redevelopment plan concepts and alternatives, and an analysis of those alternatives, including the capacity of the Survey Area to accommodate various levels of revitalization, opportunities and constraints associated with parcel size and street networks, and projected market conditions. b. Feasibility Test, which shall include preliminary conclusions regarding the feasibility of alternatives prepared during the task described in 4.1(a) above, selection of catalyst projects within the Survey Area, and a final preferred plan based on discussions with Town officials. The Feasibility Test shall include testing of concepts through the development of pro - formal designed to quantify potential operating income, value, and any potential financial "gaps." Consultant shall also summarize implications of the final preferred plan relative to short and long term objectives for the Survey Area and community, actions required to make the Urban Renewal Plan a reality, needs for any public improvements, any regulatory concerns, and the potential for partnerships between public and private entities. C. Tax Increment Analysis, which shall estimate the tax increment potential (for both property tax and sales tax) within the Urban Renewal Plan area and contain supporting impact documentation for the Town, Eagle County, or any other taxing body as required by Colorado statutes. Consultant shall also assist the Town in discussions with other taxing entities as necessary. d. Urban Renewal Plan document, which shall reflect community goals, market and social opportunities, and redevelopment benefits. Such document shall also include urban design principles and objectives with feasible application in the Survey Area, as well as identify the financial feasibility of potential projects in the Survey Area and include strategies for implementing the Urban Renewal Plan and projects within its boundaries. Such document shall include a concept plan map to graphically present the Urban Renewal Plan within the Town, and through maps, photos, and other graphics, demonstrate the vision for the Urban. Renewal Area and communicate the Urban Renewal Plan concept to the general public and Town officials. Such document shall also include, at a minimum, the following: (1) Urban Renewal Plan Map, (2) Tax Increment Financing Analysis, (3) County Impact Report, and (4) Draft and Final Urban Renewal Plan. 4 04 e. Urban Renewal Area Legal Description, which shall describe the boundary of the geographic area proposed as the final Urban Renewal Area. Such Legal Description shall be part of the Urban Renewal Plan document and shall comply with all necessary public notification processes. The Town shall be responsible for the preparation of the Legal Description by a licensed surveyor, and shall provide the completed Legal Description to Consultant for inclusion in the Urban Renewal Plan. f Additional On -Site Meetings, which shall include meetings with appropriate elected or appointed boards and various stakeholder audiences (at least three meetings). 4.2. In the event the Conditions Survey finds that sufficient conditions do not exist to support the designation of a "blighted area" as defined in C.R.S. § 31- 25- 103(2) or in the event the "blighted area" is so small as to make redevelopment economically impractical, then the provisions of this Section 4 and the provision of Section 5.2 shall be void and of no further effect. 5. COMPENSATION. 5.1. h1 consideration of Consultant's performance of the services described under Section 3 during the term of this Agreement, the Town agrees to pay Consultant a lump sum of $24,500.00. 5.2. In consideration of Consultant's performance of the services described Linder Section 4 during the term of this Agreement, the Town agrees to pay Consultant a lump sum of $22,500.00. 5.3. For performance of any services specifically requested by Town, which are not part of the services described in Sections 3 or 4, Town shall pay Consultant's standard billable hourly rates ( "Extra Work "). Prior to performing any such Extra Work, Consultant shall provide a good faith estimate of the costs of such Extra Work and Town shall approve such estimate and the performance of such Extra Work. Consultant's current rates for Extra Work are $225 /hour for principals and $95 /hour for senior associates. 5.4. Consultant shall bill its charges for the services rendered to the Town as follows: a. For services rendered and payable under Section 5.1 or 5.2, Consultant shall provide invoices to Town specifying what items in Sections 3 and 4 have been completed, and bill those items as a percentage of total work to be completed under the relevant Section. Town shall pay such invoices within forty -five (45) days of receipt. Invoices shall be mailed to: Town of Avon, Colorado 400 Benchmark Road P.O. Box 975 Avon, CO 81620 Attn: Finance Director 5 N 6. NOTICES. All notices or other communications between the parties shall be directed to the following: Town: Town of Avon, Colorado 400 Benchmark Road P.O. Box 975 Avon, CO 81620 Attn: Town Manager Blight Surveyor: Matrix Design Group, Inc. 1601 Blake Street, #200 Denver, CO 80202 Attn: Ken Schroeppel 7. SERVICES NON - EXCLUSIVE. This Agreement is non - exclusive and the Town may engage others or use others to perform various services of the same or similar nature, including on projects or for specific assignments upon which the Consultant is working. 8. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract its rights or obligations hereunder without the prior express written consent of the Town. Any attempt to do so without such consent shall be null and void and shall give the Town the right to cancel and terminate this Agreement. 9. INSURANCE REQUIREMENTS. 9.1. The Consultant shall provide to the Town, at its own cost and expense, proof of the insurance required by this Section 9. Such insurance shall be obtained from financially responsible companies, licensed in the State of Colorado, and acceptable to the Town. Prior to cancellation of or material change in any required policy, a minimum of thirty (30) days' prior written notice shall be given to the Purchasing Division of the Town by means of registered mail, return receipt requested. 9.2. Required Coverages: a. Worker's Compensation in accordance with the Worker's Compensation Act of the State of Colorado. b. Commercial general liability insurance, with minimum limits of ONE MILLION DOLLARS ($1,000,000.00), per occurrence, plus an additional amount sufficient to pay related attorneys' fees and defense costs. C. A certified copy of any required policy shall be provided to the Town at its request. d. The parties hereto understand and agree that the Consultant is self - insured for professional liability and errors or omissions. 6 0 e. The parties hereto understand and agree that the Town does not waive or intend to waive the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Colo. Rev. Star. §§ 24 -10 -101, et. seq., as from time to time amended, or otherwise available to the Town, its officers, or employees. 10. PUBLIC CONTRCT— COMPLIANCE WITH C.R.S. § 8- 17.5 -101. In connection with this Agreement, Consultant qualifies as a "contractor" pursuant to Colo. Rev. Stat. § 8- 17.5 - 101(2), and Consultant certifies that, as of the date of this Agreement: (i) Consultant does not knowingly employ or contract with an illegal alien; and (ii) Consultant has participated or attempted to participate in the Basic Pilot Program (as defined in Colo. Rev. Stat. § 8 -17.5- 101(1) in order to verify that Consultant does not employ any illegal aliens. In compliance with Colo. Rev. Stat. § 8 -17.5- 102(2), the provisions set forth in Exhibit B to this Agreement are hereby incorporated herein and made a part hereof. 11. GOVERNING LAW. This Agreement shall be governed by the laws of the United States of America and the State of Colorado. 12. ENTIRE AGREEMENT; AMENDMENTS. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, among the parties hereto. This Agreement may be amended only by written agreement by the parties. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to place their hands and seals upon this Agreement as of the day and year first above - stated. Attest: By: Penny McKenny, Town Clerk Approved: By: Scott C. Wright, Finance Director Approved as to For n: John Dunn, Town Attorney 7 TOWN OF AVON, COLORADO C Larry Brooks, Town Manager 0, CONSULTANT: MATRIX DESIGN GROUP, INC. a Colorado corporation By:_ Name: Title: LELAND CONSULTING GROUP, INC. a Colorado corporation By:_ Name: Title: EXHIBIT A SURVEY AREA (see attached) m '12 0 x 3 CD Co x m (D —4 CD 0 0- Cu CD 0') 0 CD co 0 c U) Q- su .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. '12 0 x 3 CD Co • • • • • x m (D —4 CD 0 0- Cu CD 0') 0 CD co 0 c U) Q- su WE T z C-) 03 00 00 00 CD E 0 0 3 0 X, ;$Z, 0 C: W > > • • • • • 1. Consultant shall not: a. knowingly employ or contract with an illegal alien to perfonn work described in the Conditions Survey Agreement (the "Work "); or b. enter into a contract with a subcontractor that fails to certify to the Town that the subcontractor shall not knowingly employ or contract with an illegal alien to perform the Work. 2. Consultant: a. has verified or attempted to verify through participation in the Basic Pilot Program that it does not employ any illegal aliens or shall apply to participate in the Basic Pilot Program every three months until Consultant is accepted or until completion of this engagement, whichever is earlier; b. shall not use Basic Pilot Program procedures to undertake pre - employment screening of job applicants while performing the Work; C. shall be required (off if Consultant obtains actual knowledge that a subcontractor performing the Work knowingly employs or contracts with an illegal alien): i. to notify the subcontractor and the Town within three days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1) of this subparagraph (c) the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; and d. shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that such department is undertaking pursuant to Colo. Rev. Stat. § 8 -17.5- 102(5). 10 i To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Date: December 6, 2006 Re: Real Estate Transfer Tax Exemption Increase Discussion Summary: On Tuesday, during the worksession, I will give a PowerPoint presentation and lead a discussion regarding the Town's real estate transfer tax, exemptions, statistical information, financial impacts, and the legal implications of changes pursuant to TABOR. Discussion: State History. The real estate transfer tax is levied on the conveyance of real property within a taxing jurisdiction. The Town of Avon adopted the first real estate transfer tax in Colorado in October, 1978. There are currently 12 Colorado municipalities, including Avon, reporting a real estate transfer tax. The TABOR Amendment, passed by voters in 1992, prohibits any new or increased real estate transfer taxes. The municipalities are as follows: City /Town Rate Earmarking Aspen 1.5% 1 %restricted for affordable employee housing; .5% restricted for debt service and maintenance of Wheeler Opera House Breckenridge 1 % Capital improvements Crested Butte 3% 1.5% for open space; 1.5% for general capital Frisco 1.5% Open space Gypsum 1 % Minturn 1 % Oplur 4% Snowmass Village 1% Transportation capital Telluride 3% Capital improvements Vail 1% Open space, parks maint. & development, bike paths Winter Park 1% Page 1 0 In addition to western slope municipalities, there are several Eagle County homeowner associations which levy a real estate transfer fee for real estate conveyances as follows: • Eagle Ranch Homeowners Association. Real estate transfer fee of 1%. 0.2% goes to an affordable housing fund, 0.2% goes for a wildlife fund, and the remainder can be used for any general purpose. • Bachelor Gulch Village Association. Real estate transfer fee of 2 %. No other common assessments. Not earmarked, may be used for any legal puupose. • Red Sky Ranch Association. Real estate transfer fee of 2 %. Not earmarked, may be used for any legal purpose. • Arrowhead at Vail. Real estate transfer fee of 1%. Not earmarked, may be used for any legal purpose. • Beaver Creek Resort Company. Real estate transfer fee of 2.5% 0.35% is earmarked for War Center debt service. Town History. The original real estate transfer tax was adopted by Ordinance 78 -08 in October, 1978 and provided for a 1% tax on real estate conveyances. The first $150,000 was to be deposited into the Town's general fund. Once that amount was reached, any excess amounts were to be divided equally between the general fund and the public works fund. In July, 1987, Ordinance 87 -17 changed the RETT tax from 1% to 2 %, and in August, 1987, Ordinance 87 -19 amended the Municipal Code to provide that 100% of the revenues be deposited into the public improvements fund of the Town. The first primary residence exemption was passed by Ordinance 89 -12 and became effective September 1, 1989. The exemption provided for an amount equal to four (4) times the median household income of Eagle County as announced by the Department of Housing and Urban Development. Three months later Ordinance 89 -15 changed the exemption to be a flat $80,000. The last increase in the primary residence exemption was effective January 1, 1998. Ordinance 97 -12 increased the exemption from $80,000 to $160,000. TABOR Issues. As mentioned above, the TABOR Amendment, passed by voters in 1992, prohibits any new or increased real estate transfer taxes. In addition, TABOR requires voter approval for "a tax policy change causing a net tax revenue gain." Therefore, if the council enacted a permanent increase in the amount of the exemption, it could not thereafter reduce the amount, as doing so would be a tax policy change causing a net tax revenue gain. Village at (Avon). Pursuant to the 1998 Annexation and Development Agreement with Traer Creek, the Public Improvement Company is required to incorporate an exemption equivalent to the Town's primary residence exemption. Traer Creek has been contacted for input into the financial impacts of raising their exemption but we have not yet heard back. • Page 2 Town Manager Comments: s • Page 3 I