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TC Council Packet 11-27-2007
�K TOWN OF AVON,, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 27, 2007 r O N AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD TOWN COUNCIL AGENDA MEETING BEGINS AT 5:30 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. CITIZEN AND COMMUNITY INPUT a. PUBLIC HEARING ON 2007 TOWN OF AVON BUDGET (Scott Wright, Asst. Town Manager Finance) 5. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION a. PUBLIC HEARING on Ordinance No. 07 -10, Series of 2007, Second Reading, An Ordinance Recommending Approval, with Conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, And Setting Forth Details in Regard Thereto Property Location: Village at Avon PUD Applicant: Dominic Mauriello, MPG / Owner: Traer Creek Description: An Amendment request to reconfigure the planning area boundaries of Planning Areas H, Neighborhood Center; I, Neighborhood Center; E, Village Residential; and F, Village Residential / An amendment to create a larger buffer between commercial uses and the adjacent existing Eaglebend drive residential neighborhood. Also part of the request is a text amendment to the PUD guide that will result in a modification to the current percentages and ratios of commercial -to- residential uses in order to permit more residential density in areas that are presently planned for more commercial square footage / approved on first reading on November 13, 2007 6. ORDINANCES a. Public Hearing on Ordinance No. 07 -11, Series of 2007, Second Reading, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon (John Dunn, Town Attorney) Proposed legislation establishes regulations governing existing and new "Title 32" special districts, such as metro districts, water & sanitation districts, fire districts & recreation districts; this public hearing was continued from 11/13/07 b. Ordinance No. 07 -14, Series of 2007, First Reading, An Ordinance Repealing And Reenacting Section 9.08.030 Of The Avon Municipal Code Relating To The Definition Of Larceny (Brian Kozak, Police Chief) By changing the definition of Larceny in the Avon Municipal code, crimes with less than $1,000 can be heard in the Avon Municipal Court; currently Avon Municipal Court is limited to hearing crimes involving a value of $30 or less c. Ordinance No. 07 -15, Series of 2007, First Reading, An Ordinance Enacting Section 1.08.015 Of The Avon Municipal Code Relating To A Law Enforcement Training Surcharge (Brian Kozak, Police Chief) Proposed surcharge imposed for violations of the Avon Municipal Code, this will be used to reimburse the Town for training expenses of the police department d. Ordinance No. 07 -16, Series of 2007, First Reading, An Ordinance Amending Section 17.44.040 Of The Avon Municipal Code To Reference The December 4, 2007 Flood Insurance Rate Map (Firm) For Eagle County And Incorporated Areas (Justin Hildreth, Town Engineer) The FIRM is a map provided by FEMA which delegates the floodplain; the current municipal code refers to the FIRM dated August 19,1987 and should refer to the new map dated December 4, 2007 TOWN OF AVONf COLORADO rMTWW REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 27, 2007 AVON AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD ORDINANCES - CONTINUED e. Ordinance No. 07 -17, Series of 2007, First Reading, Ordinance Amending Sections 3.12.020 and 3.12.060, Avon Municipal Code, Relating to Exemptions from the Real Estate Transfer Tax (Scott Wright, Assistant Town Manager /Finance) Amends Chapter 3.12 of the Town's Municipal Code by adding an additional exemption for Town Residences who have previously utilized the primary residence exemption and who are now purchasing a subsequent primary residence within the Town 7. RESOLUTIONS a. Resolution No. 07 -39, Series of 2007, Resolution approving Model Special District Service Plan (John Dunn, Town Attorney) Review of model service plan as recommended by Avon Legal Subcommittee 8. NEW BUSINESS a. Eaglebend Exclusion (John Dunn, Town Attorney) Review of Citizens' from Eagle -Vail Metropolitan District and proceedings related to the request 9. UNFINISHED / OLD BUSINESS 10. OTHER BUSINESS 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT a. US Forest Service Update Petitions requesting exclusion 14. FUTURE AGENDA ITEMS: December 11th: Budget Adoption, Resolution Canceling December 25th meeting, AURA Meeting, Lot C, Parks Master Plan Consultant Recommendation 15. CONSENT AGENDA a. Minutes from November 13, 2007 b. Proposal for Base Mapping and Design Services for Avon Recreation Center from Victor Mark Donaldson Architects (Shane Pegram, Engineer 1) c. Resolution No. 07 -42, Series of 2007, Resolution Approving The Town Of Avon Down Payment Assistance Program d. Proposal of Budgetary Changes to 2007 Capital Improvements Projects (Justin Hildreth, Town Engineer) % ADJOURNMENT Memo To: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager From: Matt Gennett, AICP, Senior Planner�j Date: November 27, 2007 Meeting yoH C O L O R A D O Re: Second Reading of Ordinance No. 07 -10, Village at Avon, Filing 1, PUD Amendment Application (PUBLIC HEARING) Summary: The applicant, Dominic Mauriello of the Mauriello Planning Group, representing the owner of the properly, Traer Creek -RP, LLC, is proposing to amend the Village at Avon PUD. The proposed amendments to the PUD include a request to reconfigure the planning area boundaries of Planning Areas H, Neighborhood Center, I, Neighborhood Center, E, Village Residential, and F, Village Residential, for the stated purpose of creating more of a buffer between commercial uses and the adjacent residential neighborhood that currently exists along Eaglebend Drive. The applicant is also proposing a text amendment to the PUD guide that will result in a modification to the current percentages and ratios of commercial -to- residential uses in order to permit more residential density in areas that are presently planned for more commercial square footage. First reading of Ordinance No. 07 -10 occurred at the November 13, 2007 Council hearing, during which time a motion to approve the ordinance was passed with a roll call of 5 -1 (Underwood opposed) with the following modifications made as part of the motion: • Condition # 2 shall be modified to include the description contained in Section 1(12)(d) of the Village at Avon PUD Guide that specifically describes the public amenity planned to be located on Planning Area C as an "ice skating and events center"; • Condition #4 shall be modified as follows: include the reference to the Village at Avon PUD Guide, and add a more definitive statement describing what the developer is proposing regarding the specifics of the affordable housing requirement (placement, types of units, size, quality, for sale or rental, etc); • Condition #6 shall be modified to include the title of Ordinance No. 06 -17 with further details added to help clarify the passage of that legislation ; • New Condition ( #7) - The portion of Planning Area I added to Planning Area F shall have a maximum allowable building height of 42 feet per the PUD Guide, and there shall be no addition to the maximum amount of commercial floor area allowed in Planning Area F (it will remain at a maximum of 10% of the total floor area); New Condition (#8) - The minimum amount of commercial square footage allowed in Planning Areas H and I shall be revised from 0% to 30 %; and New Condition (#9) - Planning Area I shall be limited to the maximum allowable building height of 35 feet as defined for certain residential zone districts in Title 17 of the Avon Municipal Code. The aforementioned modifications have been incorporated into the revised iteration of Ordinance No. 07 -10 for second reading as attached hereto. Additionally, please refer to the attached Staff Report, dated October 11, 2007, and the accompanying materials, which include the applicant's proposal, for the specific details of the applicant's request for an amendment to the Village at Avon PUD. Not included in the report is an additional Condition of Approval (#6) which Staff added since the October 16, 2007 Commission hearing. The proposed condition, which was a previous condition of approval for the last PUD Amendment approved by the Council in January 2007 (see Ordinance 06 -17, attached), has not been satisfied and contains restrictions relative to some of the planning areas included in the proposed amendment. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission held a public hearing on October 16, 2007, to consider the applicant's proposal. At this hearing, the Commission forwarded a recommendation of approval to the Avon Town Council, but declined to consider or deliberate upon Staffs suggested conditions of approval and, instead, deferred said conditions to Council for review and consideration. The Commission stated that it is not within their purview to make decisions on the types of issues raised by Staffs suggested conditions of approval, despite being counseled otherwise by the Town Attorney during the meeting. Staff Recommendation: Pursuant to the applicant's written request, staff recommends the Avon Town Council table Ordinance No. 07 -10 on Second Reading to the date specified by the applicant in the request; and that the application be noticed to the public again in accordance with Section 17.12.110 of the Avon Municipal Code. Available Actions: 1) Approve on Second Reading Ordinance No. 07 -10; 2) Table on Second Reading Ordinance No. 07 -10; or 3) Deny on Second Reading Ordinance No. 07 -10. Ordinance No. 07 -10, Village at Avon PUD Amendment Town Council November 27, 2007 Regular Meeting (PUBLIC HEARING) Town Manager Comments: Attachments: - Ordinance No. 07 -10 - Staff Report to the Planning and Zoning Commission dated October 11, 2007 (includes all original attachments) Ordinance No. 07 -10, Village at Avon PUD Amendment Town Council November 27, 2007 Regular Meeting (PUBLIC HEARING) TOWN OF AVON, COLORADO ORDINANCE NO. 07-10 AN ORDINANCE RECOMMENDING APPROVAL, WITH CONDITIONS, OF A PUD AMENDMENT APPLICATION AMENDING THE VILLAGE AT AVON PUD PLANNING AREAS E, F, H, I AND J, FILING 1, VILLAGE AT AVON SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, AND SETTING FORTH DETAILS IN REGARD THERETO AVON C O L O R A D O 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 October 16, 2007 before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, said application was heard at the October 16, 2007 Planning and Zoning Commission hearing and the Commission forwarded a recommendation of approval to the Avon Town Council, but declined to make a decision on the suggested conditions of approval contained in the Staff Report dated October 11, 2007, and deferred said conditions to Council for their consideration; and WHEREAS, the Avon Town Council heard Ordinance No. 07 -10 on November 13, 2007, and approved it on first reading with the modifications and additions reflected herein, and WHEREAS, said application at least partially complies with the Town of Avon Comprehensive Plan's Goals, as required by section 17.20.110h(1) of the Avon Municipal Code with the conditions of approval stated herein; and WHEREAS, the following criteria are to be considered when evaluating this type of application: 1. Conformance with the Town of Avon Comprehensive Plan Goals and Objectives. FACoenrciAOrdinancesi1007 ORD 07 -10 VAAAmend2ndread.doc 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. 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. 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. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 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. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. 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. F:IComicillOrdinnncesl20071ORD 07 -10 VAA Amendbrdread.doc WHEREAS, this PUD Amendment provides limited evidence of compliance with the public purpose provisions outlined in Section 17.28.085 of the Municipal Code; and WHEREAS, approval of the subject application to amend the Village at Avon PUD, Filing 1, dated July 12, 2007, is entirely contingent upon the following conditions of approval: Planning Areas E, F, H, I, and J shall be limited to a 5-year vesting period, pursuant to Avon Municipal Code Section 17.14.060(a), the Town's vested rights regulations; 2. Section I(12)(d) of the Village at Avon PUD Guide, which describes the construction of an Ice Skating /Events Center to be commenced by the developer on Planning Area C prior to the issuance of a certificate of occupancy for the 200, 000`l' square foot of commercial space on Planning Area A, shall be amended to include Planning Areas B, C, D, E, F, G, H, I, and J; 3. The applicant shall quantify the proposed traffic impacts with respect to trip generation, impact to existing travel times, and stacking for all modes to the satisfaction of the Town Engineer through submittal of a Traffic Study prepared by a qualified licensed Traffic Engineer prior to the issuance of a building permit within Planning Areas E, F, H, I, and J, 4. At such time as formal approval by Town Council is granted for this amendment, the applicant will have provided sufficient language, in accordance with Section I.11 of the Village At Avon PUD Guide(Affordable Housing Plan), to be incorporated within the PUD development plan and annexation agreement which guarantees a portion of the remaining attainable housing requirement be realized in Planning Areas E, F, and H, and specifies the type, location, size, quality, for -sale or rental, and other pertinent details; S. The applicant shall initiate and properly maintain mass transit service connecting West Avon to the easternmost commercial parcels and Buffalo Ridge of the District, at a level of service no less frequent than is provided within the Town, from time -to -time, and pursuant to Section 4.10 of the Village at Avon F.ICoiwcillOrdinancesl1007IORD 07 -10 VAA Anrendlndread.doc Annexation and Development Agreement, prior to the issuance of a building permit within Planning Areas E, F, H, I, and J; and 6 No subdivision or building permit applications will be accepted by the Town for Village at Avon PUD Planning Areas A (excluding the portion described in Exhibit "B " to Ordinance No. 06 -17), B, C,D,E, F or H until the applicant has complied with Condition #1 contained in Ordinance 06 -17, an ordinance approving the relocation of Planning Area G - School Site, adopted on January 23,2007; The portion of Planning Area I added to Planning Area F shall have a maximum allowable building height of 42 feet per the PUD Guide, and there shall be no addition to the maximum amount of commercial floor area allowed in Planning Area F (it will remain at a maximum of 10% of the total floor area); 8. The minimum amount of commercial square footage allowed in Planning Areas Hand I shall be revised from 0% to 30%,• and 9. Planning Area I shall be limited to the maximum allowable building height of 35 feet as defined for certain residential zone districts in Title 17 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13`I' day of November, 2007, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 27"' day of November, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Ronald C. Wolfe, Mayor F. Council' Ordinances1100710RD 07 -10 VAA Amend2ndread.doc ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 2007. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor F: iConncil'Ordinnnees120071ORD 07 -10 AAA Amend2ndrend.doc MEMORANDUM TO: Town Council FROM: Town Attorney RE: Ordinance Relating to Establishment of Special Districts DATE: November 27, 2007 At the Council meeting on November 13, second reading of Ordinance No. 07 -11 was again tabled until November 13 to allow staff time to review additional changes requested by Darlene Sisneros, the attorney for Traer Creek Metropolitan District. Ordinance No. 07 -11 is an ordinance which will establish regulations governing existing and new "Title 32" special districts (so called because the type of district to be governed by the ordinance is formed pursuant to Title 32 of the Colorado Revised Statutes, including metropolitan districts, water and sanitation districts, fire districts and recreation districts). Local improvement districts, general improvement districts and other types of improvement districts are not included. Also tabled at last meeting and again on the agenda is a resolution approving the form of a model service plan. Both the ordinance and the model service plan were drafted by Randy Funk of Sherman & Howard, LLC, the Town's special district counsel. Both documents now contain additional changes to meet the concerns raised by Darlene Sisneros. Those changes were prepared by the Town Attorney and Randy Funk. The changes are for the most part straight forward and indicated on copies of both documents included in the Council notebook. Only two changes ought to require explanation. First, in Subsection 18.01.05(b)(2), all the language placing a limit on the mill levy has been eliminated. Instead, at page 9 of the model service plan, language has been added to provide that the maximum mill levy is 50 mills for both debt service and operation purposes. It is believed that this language follows the direction of the Council. Any applicant will thereby have the burden of demonstrating why the 50 mill limit should be exceeded. Second, in Subsection 18.01.05(b)(20), the language has been changed to require that the ballot language in connection with any election on a ballot issue be provided to the Town no later than 42 days before the election. At the last meeting it was the suggestion of council members that the language in changed to require that the ballot language be provided no later than certification of it to the secretary of state or clerk and 001024000\PUBFM732747.4 recorder. Randy Funk questioned such a change based upon the fact that it is legally possible for a special district to conduct its own election without certification of the ballot language to either the secretary of state or the clerk and recorder. After further discussion with Darlene Sisneros, it was agreed that the appropriate deadline was no later 42 days before the election. A.42 day deadline is based upon the fact that state statute requires that ballot language ordinarily be certified to the clerk and recorder no later than 42 days before the election. A corresponding change was made on page 7 of the model service plan. Finally, although it was not discussed at the last meeting, Section 2 of the ordinance, making the ordinance effective 30 days after its adoption, has been deleted. There is no reason why the ordinance should not take effect at the usual time, seven days after posting following final adoption. Conclusion. Staff recommends that the ordinance, as revised, be adopted on second reading and that the resolution approving the form of the model service plan, as revised, also be adopted. Jwd:ipse 2 001024000\PUBFDJ\732747.4 2 ORDINANCE NO. 07-11 AN ORDINANCE RELATING TO THE ESTABLISHMENT OF SPECIAL DISTRICTS WITHIN THE TOWN OF AVON BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. The Avon Municipal Code is amended by the addition of a Title 18, "Miscellaneous," including a Chapter 18.01, "Establishment of Special Districts," to provide as follows 18.01.01 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section. "Approved Service Plan" means (1) any Title 32 district service plan or amended service plan that has been approved by a resolution adopted by the Town Council or (2) a service plan of a District that was originally approved by a board of county commissioners and all of the property in the District is later annexed by the Town and jurisdiction for such service plan was accepted through the adoption of a resolution by the Town Council. "District" or "Districts" means one or more special district(s) which are quasi - municipal corporation(s) and political subdivision(s) proposed, organized, or acting pursuant to the provisions of this Chapter and Title 32. Other types of districts, such as business improvement districts, special improvement districts, general improvement districts, and other special or local improvement districts created pursuant to the Town Charter are specifically excluded from this definition. "Existing District" means a District in existence as of the effective date of this Ordinance. "Material Modification" means modifications to an Approved Service Plan as described in C.R.S. 32 -1- 207(2) or in this Chapter. "Model Service Plan" means Avon's model service plan for Title 32 Districts as approved by the Town Manager in accordance with the provisions of this Chapter. "Petitioner" means any person(s) or other legal entity proposing a service plan or an amendment to an Approved Service Plan. "Proposed Service Plan" means any Title 32 District service plan or amended service plan filed with the Town that (i) has not yet been approved or disapproved by resolution of the Town Council, or (ii) has been conditionally approved PUBFIN 722117.6 `7 by resolution of the Town Council subject to the inclusion of such amendments or additional information as stated in such resolution. "Title 32" means Title 32, Article 1, C.R.S., as the same may be amended from time to time. 18.01.02 Legislative Declaration. (a) The Town Council recognizes that under certain appropriate circumstances Districts provide a financing alternative for developers of irtfrastructure within the Town. The General Assembly has adopted legislation for the organization of special districts pursuant to Title 32 to facilitate the elimination of overlapping services provided by local governments and the double taxation that may occur, because of annexation or otherwise, when all of the taxable property of a District lies within the boundaries of the Town. (b) The Town Council, in furtherance of the best interests of the Town and the preservation and protection of the health, safety, prosperity, security, and general welfare of Town residents declares its intent: (1) To prevent the indebtedness incurred by Districts from adversely affecting the credit worthiness and credit ratings of the Town; (2) To ensure that the cost burden of public improvements in newly developed areas is placed upon those benefiting from such public improvements; (3) To prevent the shifting of development risk to non- developers; (4) To minimize the likelihood of excessive tax and fee burdens upon Town residents and property owners located within Districts; (5) To prevent the shifting of costs of Districts to residents of the Town who do not live within the geographical boundaries of a District; (6) To permit the creation of Districts where it will enhance the value of property; and (7) To ensure that the creation of Districts is consistent with the Town's comprehensive plan and will add to the quality of life of citizens of the Town. (c) The Town Council further declares that it recognizes that the formation of Districts requires the adoption of procedures for the orderly processing of proposals for the organization of these Districts. The Town Council prefers that non- residential uses be in a District which does not include residential uses, but exceptions to such preferences to allow a mixed -use development will be considered. In particular, PUBFIN 722117.6 -2 _ residential units that are part of an affordable housing program generally should be excluded from Districts. Furthermore, pursuant to C.R.S. § 32- 1- 1001(1)0)(II), no District shall impose a tap fee or connection fee for any property owned or used for affordable housing. 18.01.03 Application of State Statute. In addition to the power, authority, and protection set forth in this Chapter, the Town Council shall have all the power, authority and protection granted to municipalities by Title 32 and the creation and operation of any District shall be in conformance with Title 32; provided, however, that where any conflicts exist between Title 32 and this Chapter, the provisions of this Chapter shall control. 18.01.04 Filing of Proposed Service Plan. (a) Prior to the submission of an application for a Proposed Service Plan, the Petitioner shall request in writing a pre- submission meeting with the Town Manager or his designee and such other Town staff or consultants as the Town Manager deems appropriate to discuss the procedures and requirements for submission of a Proposed Service Plan. At such meeting the Applicant shall describe the proposed District to the Town staff and consultants. The Town staff and consultants shall explain the administrative process and provide information to assist the Petitioner with the orderly processing of the Proposed Service Plan. (b) The application shall comply with the requirements of this Chapter. The Town Manager shall have the sole discretion to determine staff availability to conduct the review and manage the review process. The Town Manager shall set the review time for the Proposed Service Plan based upon the availability of staff or outside consultants. In the event the Town Manager accepts the application for staff review, the Town Council shall be notified and an estimated processing time for staff review shall be established and communicated to the Petitioner. In the event the application is rejected, the Town Manager shall notify the Petitioner and Town Council. The determination of the Town Manager shall be conclusive and binding without right of appeal. However, a new application may be submitted by the Petitioner at a later date. In no event shall more than two applications be filed on any proposed District. (c) The Proposed Service Plan shall be in X form which ( Deleted: the compares the proposed service plan tq the Model Service Plan. , , Deleted: of Deleted: The Town Manager shall have (d) At the time the Proposed Service Plan is filed, Petitioner the sole discretion to determine whether shall remit a nonrefundable application fee to the Town of Ten Thousand Dollars the Proposed Service Plan complies with fu the form and content of the Model ($10,000.00). In addition, the Town Manager may impose any additional processing fees Service Plan as necessary to reimburse the Town for reasonable direct costs related to the Proposed Deleted: Deviations from the Model Service Plan review and hearing. In addition, Petitioner shall agree in writing to pay the Service Plan shall be highlighted in the Proposed Service Plan. costs of outside consultants hired to assist staff with review of the Proposed Service Plan and shall deposit an amount required by the Town Manager to provide assurance of the payment of such costs. PUBFIN 722117.6 -3 _ 18.01.05 Model Service Plan. (a) The Town Manager, or his designee, shall develop a Model Service Plan which complies with this Chapter. All Proposed Service Plans shall substantially comply with the Model Service Plan. Existing Districts' Approved Service Plans shall not be required to be amended to comply with the Model Service Plan provisions. Any amendment to an Existing District's Approved Service Plan, however, shall comply with the Model Service Plan provisions to the extent specified in Section 18.01.15. The Model Service Plan may be amended, in whole or in part, by the Town Council from time to time. (b) In addition to the requirements of Title 32, the Proposed Service Plan shall include or shall otherwise provide all information required by the Model Service Plan as well as the following: (1) A legal description of the proposed District boundaries as well as a map of the proposed District boundaries and a Town vicinity map. (2) The mill levy assessed by the District on real or personal property within the District shall be in an amount sufficient to satisfy only debt service and operations of the District!. A mill levy cap shall be imposed. The burden shall be on the applicant to justify a proposed mill levy which exceeds the maximum mill levy set forth in the model service plan. The mill levy ga may be adjusted by the District to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation, so that to the extent possible, the actual revenues generated by the maximum mill levy are neither diminished nor enhanced as a result of such changes. Among other adjustments, a change in the ratio of actual valuation of assessable property shall be deemed a change in the method of calculating assessed valuation. The mill levy will terminate when the bonds are no longer outstanding with the exception of a mill levy sufficient for operations. The District shall not impose a Debt service mill levy for more than forty (40) years after the year of the initial imposition of such Debt service mill levy unless: (1) a majority of the board of directors of the District imposing the mill levy are residents of such District, and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a Debt service mill levy for a longer period of time than the limitation contained herein. (3) A statement that the District shall not issue any debt in any amount that exceeds the amount of debt authorized in its Approved Service Plan. (4) A capital plan which shall, at a minimum, contain: (a) A description of the type of capital facilities to be acquired or constructed by the District; facilities; PUBFIN 722117.6 (b) An estimate of the cost of the proposed -4- Deleted: , provided that in no event shall the mill levy exceed fifty mills for both debt service and operating purposes I (c) A pro forma capital expenditure plan correlating expenditures with construction within the development over time. (5) A financial plan which shall, at a minimum, contain: (a) The total amount of debt issuance planned over the life of the District; (b) All proposed sources of revenue and projected District expenses, as well as the assumptions upon which they are based, for not less than the entire term of the bond issue; (c) The dollar amount of any anticipated financing, including capitalized interest, costs of issuance, estimated maximum rates and discounts, and any expenses related to the organization and initial operation of the District; (d) A detailed repayment plan or payment schedule covering the life of any financing, including the frequency and amounts expected to be collected from all sources; (e) The amount of any reserve fund and the expected level of annual debt service coverage which will be maintained for any financing; (f) The provisions regarding any credit enhancement for the proposed financing, including but not limited to, letters of credit and insurance; and (g) A list and written explanation of potential risks of the financing. (6) Statements that the District shall not: (a) Condemn property inside or outside the District boundaries without prior approval by the Town Council. (b) Include or exclude any property without prior approval by the Town Council. (7) Acknowledgement that any debt of the District, issued with a pledge or which results in a pledge, that exceeds the maximum debt mill levy and the maximum debt mill levy imposition term required by subsection (2) of this section, shall be deemed a Material Modification of a District's Approved Service Plan and shall not be an authorized issuance of debt unless and until such Material PUBFiN' 722117.6 _ 5 _ Modification has been approved by the Town Council as part of an amendment to the Approved Service Plan. (8) Identification by name, address and phone number of those persons who the Petitioner intends to be the nominees for the initial board of directors of the District. (9) Proof of ownership and a list of encumbrances on all properties within the District in a form acceptable to the Town Attorney. (10) Limitations on the mill levy, rates, fees, charges, development exactions and other revenues pledged to service payment of indebtedness of the District or provisions for any credit enhancements for District debt in order to preclude the creation of undue financial risk to the District and its residents. (11) Requirements for dissolution of the District upon the accomplishment of the purposes and undertakings for which the District was formed. If the District was only created for construction of public improvements, it shall dissolve when all outstanding debt is paid. If the District was created for providing approved services or maintenance functions, the District may continue so long as those approved services are provided. (12) A description of rates, fees, charges or exactions proposed for imposition by the District. Any changes to rates, fees, charges or exactions shall be approved by the Town Council. (13) Acknowledgement by the District that the Town shall not be limited in implementing Town Council or voter approved growth limitations, even though such actions may reduce or delay development within the District and the realization of District revenue. If such limitations are implemented, and District development is reduced or delayed, or District revenues are negatively impacted as a result, such effects shall not be considered a Material Modification under Sections 18.01.13 or 18.01.14. (14) A statement that all activities by the proposed District will be subject to all of the Town's zoning, subdivision, building code, land use, or other requirements of the Town's Municipal Code. (15) Agreement that prior to the issuance of any bond issue, a copy of an opinion of nationally recognized bond counsel acceptable to the Town Attorney shall be delivered to the Town staring that the bond issue satisfies the requirements of the Approved Service Plan. (16) Agreement that the District shall use reasonable efforts to assure that all developers of or initial builders on the property located within such District provide written notice to all persons who purchase or lease property in the District from the developer or the builder, which notice discloses the maximum mill levy, as well as a general description of the District's authority to impose and collect rates, PUBFIN 722117.6 _ 6 _ fees, charges or exactions. The form of notice shall be filed with the Town Manager prior to the initial issuance of the debt of the District imposing the mill levy that is the subject of the maximum debt mill levy. The District shall use reasonable efforts to assure all promotional, marketing, and sales information shall display notice, at least equal in size and font to all other pertinent information, as to the debt, taxes, rates, fees, and exactions of the District. (17) Agreement that the District shall dedicate all public improvements planned for, designed, acquired, constructed, installed, relocated, redeveloped, and financed by the District to the Town or other appropriate governmental jurisdiction or owners association in a manner consistent with the approved development plan and other rules and regulations of the Town and applicable provisions of the Town's Municipal Code. The District shall describe in detail the regional infrastructure previously recommended by Town staff which benefits the citizens of the Town outside the boundaries of the District. (18) Agreement that the District shall design and construct all public improvements in accordance with the standards and specifications of the Town or any other governmental jurisdiction having proper jurisdiction and the District shall obtain the Town's approval of civil engineering plans and applicable permits of the construction and installation of any public improvements prior to performing any work thereon. Such agreement shall include the requirement that all property acquired and public improvements installed be done in compliance with Title 32 and applicable bidding requirements. (19) A statement that the District shall provide a copy of the written notice of every regular or special meeting of the District to the Town Clerk at least three (3) business days prior to such meeting. The District shall cause a copy of such notice to be posted at Town Hall. (20) A statement that the District shall provide to the Town Clerk a copy of any ballot issue, as defined in Article X, Section 20(2)(a) of the Colorado Constitution, no later than forty -tom (42�) days before the election on such ballot issue. The District shall cause a copy of such ballot issue language to be posted at Town Hall. Agreement that the District shall use its reasonable efforts to obtain two summaries, as described in Article X, Section 20(3)(b)(v) of the Colorado Constitution, one for and one against the ballot issue, to be included in the required notice of election. (21) Agreement that the District shall not apply for or accept moneys from the Colorado Conservation Trust Fund, the Great Outdoors Colorado Fund, or any other fund available to governmental or nonprofit entities that the Town is eligible to apply for, except pursuant to approval by the Town Council. (22) Agreement that the District shall obtain prior written consent of the Town Council before filing a request with any court to consolidate with any other district. PUBFIN 722117.6 Deleted: at least Deleted: five Deleted: 5 0 (23) Agreement that not later than August 1 of each calendar year each District shall file an annual report with the Town Clerk. The annual report shall reflect activity and financial events of the District for the District's preceding fiscal year. The annual report shall include the following: (a) A narrative summary of the progress of the District in implementing its Approved Service Plan; (b) Except when an exemption from audit has been granted for the fiscal year under the Local Government Audit Law, the audited financial statements of the District for the fiscal year including a statement of financial condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of operations (i.e. revenues and expenditures) for the fiscal year; (c) Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of public facilities in the fiscal year, as well as any capital improvements or projects proposed to be undertaken in the five (5) years following the fiscal year; (d) Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the District at the end of the fiscal year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long -term obligations issued in the fiscal year, the amount of payment or retirement of existing indebtedness of the District in the fiscal year, the total assessed valuation of all taxable properties within the District as of January 1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in the fiscal year; (e) The District's budget for the calendar year in which the annual report is submitted; (f) A summary of residential and commercial development which has occurred within the District for the fiscal year; (g) A summary of all taxes, fees, charges and assessments imposed by the District as of January 1 of the fiscal year; (h) The name, business address and telephone number of each member of the board of directors and its chief administrative officer and general counsel, together with the date, place and time of the regular meetings of the board; and (i) A summary of any regular or special election held during the fiscal year, together with a copy of the ballot, public records relating to voter information, and other election materials, and a certification that such elections were held in conformance with all applicable laws. PUBFIN 722117.6 /0 The Town Council, at a regular or special public meeting, may review and discuss the annual reports received from each District. In the event the annual report is not timely received by the Town Clerk, notice of such default shall be given by the Town Clerk to the board of such District at its last known address. The failure of the District to file the annual report within thirty (30) days of the mailing of such default notice by the Town Clerk shall empower the Town Council to impose the sanctions authorized in Section 18.01.17. The remedies provided for non - compliance with the filing of the annual report shall be supplementary to the remedy authorized under Section 32 -1 -209 of Title 32. 18.01.06 Intergovernmental Agreement; Improvement Guaranty. A District, unless an Existing District, shall not levy any taxes or issue any debt until it enters into an intergovernmental agreement with the Town regarding the enforcement of this Chapter and the provisions of the Model Service Plan. Such intergovernmental agreement shall be in form and substance satisfactory to the Town Manager and Town Attorney. The creation of a District shall not alter the obligation of the developer of property in such District to provide the Town with improvement guarantees or other collateral pursuant to the Town's Municipal Code. 18.01.07 Administrative Review of Plan. The Town staff shall have up to 120 days (unless an extension of such review period is approved by the Town Manager) from the date the Proposed Service Plan is filed, to complete an administrative review. This time period may be extended as deemed necessary by the Town Manager and the Petitioner shall be notified of the extension period. Once the review is complete, an analysis of the Proposed Service Plan shall be prepared in the form of a written report to the Town Council. The report shall set forth the recommendations of the staff for approval, disapproval or conditional approval of the proposed service plan and the reasons therefor. 18.01.08 Notice of Public Hearing. The Town Manager shall schedule a public hearing at a regular Town Council meeting upon completion of the administrative review report described in Section 18.01.07. Notice of the hearing shall be published by the Town in an issue of the newspaper selected by the Town as the official newspaper of publication at least 15 days but not more than 30 days prior to the scheduled hearing date. The Petitioner shall reimburse the Town for all costs related to such publication. (a) Notice of the hearing shall also be mailed by the Petitioner by first class mail, on or before the date such notice is to be published to: (1) The owners of record of all real property within the District as such owners of record are listed in the Proposed Service Plan as well as adjacent properties. (2) The State of Colorado division of local government. PUBFIN 722117.6 _ g _ (3) The governing body of any municipality or district which has levied an ad valorem tax within the next preceding tax year, and which has boundaries within a radius of three miles of the proposed District's boundaries. following: (b) Contents of notice. The notice of hearing shall set forth the (1) The date, time, location and purpose of the hearing. (2) A general description of the land contained within the boundaries of the proposed District. (3) Information outlining methods and procedures for the filing of a petition for exclusion. (4) A description of the type and purposes of the proposed District. (5) The maximum property tax levy to be imposed by the proposed District and the maximum period of time such levy shall be collected. (6) The place at which the Proposed Service Plan may be examined. (7) A statement that all protests and objections must be submitted in writing to the Town Council at or prior to the hearing or any continuance or postponement thereof in order to be considered. (8) A statement that all protests and objections to the District shall be deemed to be waived unless presented at the time and in the manner specified in this Chapter. 18.01.09 Public Hearing. (a) The hearing held pursuant to Section 18.01.08 shall be open to the public, and summary minutes shall be made by the Town Clerk. Any testimony or evidence which, in the discretion of the Town Council, is relevant or material to the organization of the District shall be considered. (b) The Town Council may postpone or continue the hearing until a later time or date or relocate the hearing by announcing such postponement, continuance or relocation of the hearing or by posting notice at the originally scheduled time and place of the hearing, and no further publication or mailing of the notice shall be necessary. PMFIN \722117.6 -10- L 18.01.10 Action by the Town Council. (a) Upon its review of the report presented by the Town Manager, the Proposed Service Plan, and any evidence presented at the public hearing, the Town Council shall have the authority to: Proposed Service Plan, or; (1) Approve without condition or modification the (2) Disapprove the Proposed Service Plan, or; (3) Conditionally approve the Proposed Service Plan subject to the submission of additional information relating to, or the modification of, the Proposed Service Plan or by agreement with the Petitioner of the Proposed Service Plan. (b) The Town Council shall disapprove the Proposed Service Plan unless evidence satisfactory to the Town Council of each of the following is presented: (1) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed District. (2) The existing service in the area to be served by the proposed District is inadequate for present and projected needs. (3) The proposed District is capable of providing economical and sufficient service to the area within its proposed boundaries. (4) The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. (c) The Town Council may conditionally approve the Proposed Service Plan upon satisfactory evidence that it does not comply with one or more criteria enumerated in subsection (b) of this section. Final approval shall be contingent upon modification of the Proposed Service Plan to include such changes or additional information as shall be specifically stated in the findings of the Town Council in order to satisfy the criteria in subsection (b) of this section. Final approval of a Proposed Service Plan may be withheld by Town Council until such changes are made to the Proposed Service Plan or such additional information is provided. (d) The Town Council may exclude territory from a proposed District prior to approval of the Proposed Service Plan. Any person owning property in the proposed District who requests his or her property be excluded from such District prior to the approval of the Proposed Service Plan shall file such request with the Town Clerk not later than five days prior to the public hearing held pursuant to Section 18.01.09. However, the Town Council shall not be limited in its action with PUBFIN 722117.6 - 11 - /3 respect to exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the Town Council. (e) The findings of the Town Council shall be based solely upon the Proposed Service Plan, the report presented by the Town Manager, and any evidence presented at the public hearing by the Petitioners, Town officials, and interested parties. (f) Decisions of the Town Council concerning a Proposed Service Plan shall be in the sole discretion of the Town Council. Any waiver of the provisions of this Chapter 18.01 in connection with a Proposed Service Plan shall not be deemed as an amendment of this Chapter unless the Town Council adopts an ordinance expressly amending this Chapter 18.01. 18.01.11 Written Determination by Town Council. (a) Within 30 days after completing the public hearing held under this Chapter, the Town Council shall adopt a resolution regarding the Proposed Service Plan. (b) If the Proposed Service Plan is approved, a resolution of approval shall be adopted. (c) If the Proposed Service Plan is disapproved, a resolution of disapproval shall be adopted. The resolution shall include the reasons for such disapproval. (d) If the Proposed Service Plan is conditionally approved, the amendments to be made in or additional information relating to the Proposed Service Plan, together with the reasons for such amendments or additional information, shall also be set forth in writing, and the public hearing shall be continued until such amendments or additional information are incorporated in the Proposed Service Plan. Upon the satisfactory incorporation of such amendments or additional information in the Proposed Service Plan, the Town Council shall adopt a resolution of approval. (e) A resolution passed by the Town Council shall document the determination of the Town Council. No action or proceeding, at law or in equity, to review any acts or proceedings or question the validity of any determination by the Town Council related to the Proposed Service Plan pursuant to this Chapter, whether based upon irregularities or jurisdictional defects, shall be maintained in the district court of Eagle County unless commenced within 30 days after the passage of the Town Council resolution. Thereafter, any legal proceedings shall be barred. Should the court determine that the action of the Town Council regarding the Proposed Service Plan was arbitrary, capricious, or unreasonable the court shall remand the matter back to the Town Council with specific direction as necessary to avoid the arbitrary, capricious, or unreasonable result. PUBFIN' 722117.6 -12- (f) In the manner and to the extent provided in this article, the Town Council shall maintain continuing jurisdiction over the Service Plan and shall exercise its rights in relation thereto. 18.01.12 Compliance; modification; enforcement. (a) Upon final approval by the district court of the organization of the District, the Petitioner shall file written notice thereof with the Town Manager. (b) After the creation of a District, Material Modifications to the Approved Service Plan may be made by the board of directors of the District only by petition to and approval by the Town Council in accordance with Section 18.01.15. (c) Any material departures from the Approved Service Plan, unless such has been modified with the approval of the Town Council pursuant to Section 18.01.15, shall be considered to be a violation of this Chapter, and the Town shall be entitled to all remedies available under law, including an action to enjoin such violation by the District. (d) Nothing herein prohibits the Town from conducting or requires the Town to conduct a quinquennial review pursuant to Section 32 -1- 1101.5 of Title 32. 18.01.13 Material Modification. The occurrence of any of the following actions, events or conditions ( "Events ") after (I) approval of an Approved Service Plan, (II) written notice from the Town of such Event is provided to the District and (III) the District fails to correct or cure such Event within ninety (90) days from receipt of such notice or fails to request a hearing under Section 18.01.14 (provided, however, if the District cannot reasonably correct or cure such Event within such ninety (90) day period but can reasonably correct or cure such Event within one hundred eighty (180) days after receipt of the notice, the District commences its correction or cure within such ninety (90) day period and diligently pursues the same to completion within the one hundred eighty (180) day period), are deemed changes of a basic or essential nature which constitute a Material Modification which shall require a service plan amendment: (a) Any issuance of debt or proposed issuance of debt with a pledge or that would result in a pledge that exceeds the maximum mill levy or the maximum mill levy imposition term. (b) Failure to pay principal or interest of any District bonds, notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing issued or incurred by the District which: (1) Persists for a period of one hundred twenty (120) days or more; PUBFIN 722117.6 - 13 - Is- (2) The delinquent payment(s) aggregates at least either Fifty Thousand Dollars ($50,000.00) or ten percent (10 %) of the outstanding principal balance of the indebtedness; and (3) The creditors have not agreed in writing with the District to forbear from pursuit of legal remedies. (c) The institution of a proceeding for debt adjustment or the confirmation of a plan for adjustment of debt under Chapter 9 of the Bankruptcy Code; (d) The failure of the District to develop any public improvement or other capital facility proposed in its service plan or to provide any approved service by the time necessary to serve the approved development within the District; (e) Failure of the District to realize at least seventy-five percent (75 %) of the development revenues (including developer contributions, loans or advances) projected in the financial portion of the service plan during the three -year period ending with the report year, where development revenue is defined as fees, exactions and charges imposed by the District on residential and commercial development, excluding taxes, provided that the disparity between projected and realized revenue exceeds Fifty Thousand Dollars ($50,000.00); (f) The development of any capital facility in excess of Ten Thousand Dollars ($10,000.00) in cost, or the provision of any service which is not either identified in the service plan or authorized by the Town in the course of a separate development approval; (g) The occurrence of any event or condition which is defined under the service plan or intergovernmental agreement as necessitating a service plan amendment; (h) The default by the District under any intergovernmental agreement with the Town; (i) The inclusion or exclusion of any property into or from the District's boundaries without first obtaining the consent of the Town; 6) Any of the events or conditions enumerated in Section 32- 1- 207(2) of Title 32. (k) The imposition of any tax, rate, fee, charge, assessment or exaction without the written consent of the Town or the issuance of any debt not authorized by the Approved Service Plan. 18.01.14 Determination of Applicability. Should the District dispute that one (1) or more of the Events enumerated in Section 18.01.13 has occurred, it may request a hearing before the Town Council within ninety (90) days after written PUBFIN \7221 U.6 -14- �b notice from the Town of such occurrence. After hearing and receipt of any relevant information presented by the District and the recommendation of the Town Manager, the Town Council shall make a finding as to whether such occurrence constitutes a Material Modification. If the Town Council concludes a Material Modification has occurred, the District shall comply with Section 18.01.15. The Town Council shall retain the prerogative to require an amendment thereafter if the change or deviation, on a cumulative basis, subsequently becomes material. In making its determination, the Town Council may consider, among other relevant information, whether the modification will have an adverse financial impact on the Town. 18.01.15 Amendment. If a Material Modification is found to have occurred under Section 18.01.13 or Section 18.01.14, within ninety (90) days of finding such Event has occurred, the board of directors of the District shall forward a petition to the Town Council requesting a service plan amendment. The petition for amendment shall include, among other relevant information: (a) Any information or documentation required under the applicable provisions of Title 32; (b) An update to information, assumptions or projects furnished in conjunction with the petition for approval of organization of a District or contained in the Approved Service Plan, with all changes highlighted and enumerated; (c) A detailed explanation of the activity, events or conditions resulting in the Material Modification, including actions taken or alternatives considered, if any, by the District to avoid the Material Modification; (d) The projected or resulting impact of the Material Modification on the District's ability to develop the capital facilities and infrastructure necessary to meet its original capital development plan; (e) The effect of the Material Modification on the District's ability to retire as scheduled its outstanding financial obligations and its ability to issue and market additional indebtedness to finance additional capital expenditures; (f) An updated financial plan for the District reflecting development absorption rates anticipated within the District's service area, projected annual revenues and expenditures based upon such projected absorption rates, debt issuance and amortization schedules, and a projection of anticipated capital outlays; (g) The financial impact of the Material Modification on existing residents of the District; (h) An updated five -year capital improvements plan; and (i) What alternatives or options are available to the District if the requested amendment is not approved. PU MN 722117.6 _ 15 17 All of the required information shall be supported by and submitted with appropriate technical analysis, reports and supporting documents of qualified professionals and consultants. The amendment shall be processed and reviewed in the same manner as prescribed for an initial service plan, except that the submittal requirements of this section shall apply. The application fee for a modification shall be as provided in Section 18.01.04(d) unless a reduction thereof is approved by the Town Manager. If the District applies for an amendment under this section, the Town shall not bring an action pursuant to Section 32- 1- 207(3)(b) of Title 32 during the processing by the Town of such request for an amendment unless necessary to protect the interests of the Town. If an Existing District applies for an amendment to an Approved Service Plan, the Model Service Plan provisions shall be considered and applied only to the provisions being amended. 18.01.16 Exemption. If any District has not undertaken development of capital facilities or issued any indebtedness, it may apply to the Town Council for an exemption from compliance with certain portions of this Chapter and its Approved Service Plan. The Town Council shall grant an exemption if the Board submits a resolution to the Town Council stating that upon issuance of the exemption, the District's authorization under the service plan and the intergovernmental agreement with the Town to undertake development of capital facilities or issue any indebtedness is suspended. With issuance of the exemption, the District shall be excluded from compliance with such exempted requirement, except that the District annually, not later than September 1, shall submit financial statements from the previous year and the budget for the current year. Prior to any District with an exempt status undertaking capital development or issuing any indebtedness authorized under its service plan or Title 32 other than regulatory reporting, it shall fully comply with the provisions of this Chapter. 18.01.17 Sanctions. If a District fails to request and obtain an amendment when required under this Chapter or otherwise fail to fully and completely comply with this Chapter, the Town Council by resolution may impose one (1) or more of the following sanctions, as it deems appropriate: (a) Exercise any applicable remedy under Title 32; (b) Withhold the issuance of any permit, authorization, acceptance, or other administrative approval necessary for the District's development of public facilities or construction; (c) Exercise any legal remedy under the terms of any intergovernmental agreement under which the District is in default; or (d) Exercise any other legal remedy, including seeking injunctive relief against the District, to force compliance with the provisions of this Chapter. PUBFIN 722117.6 -16- Deleted: to the extent applicable E 18.01.18 Existing Districts — Election and Annual Report. Any District currently existing within the Town shall comply with the election requirements set forth in Section 18.01.05(b)(20) and the annual reporting requirements set forth in Section 18.01.05(b)(23). JPASSED, ADOPTED, AND APPROVED this day of Deleted: Section 2. Effective Date 2007. This Ordinance shall take effect thirty (30) days after publication following final passage.$ Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney PUBFIN \722117.6 -17- Memo To: Honorable Mayor and Town Council Thmc Larry Brooks, Town Manager Fran: Brian Kozak, Chief of Police, by Officer S. Hodges Date Nov 8, 2007 Re: Amendment to Municipal Code, Definition of Larceny, 9.08.030 C O L O R A D O Introduction: The types of crimes that can be heard in the Avon Municipal Court are regulated by the Colorado Revised Statutes. Background: The Colorado Legislature amended the Colorado Revised Statutes (C.R.S.) in regard to value based crimes, theft is an example of a value based crime. Prior to July 7, 2007 the C.R.S. limited municipal courts to hearing theft crimes with values of less than $400. The C.R.S., in section 18 -4 -401 (8), now allows municipalities to enact ordinances regarding theft when the values involved are less than $1,000. Discussion: By changing the definition of larceny in the Avon Municipal Code sec. 9.08.030, crimes with values of less than $1,000 can be heard in the Avon Municipal Court. As it stands now The Avon Municipal Court is limited by the Avon Municipal Code to hearing crimes involving a value of $300 or less. Crimes involving greater values must be heard in Eagle County Court. Recommendation: Staff recommends adoption of the ordinance as written. Recommended Motion: I move to adopt Ordinance 07 -14, an ordinance repealing and reenacting section 9.08.030 of the Avon Municipal Code, as written. Town Manager Comme Attachments: Exhibit A: Proposed ordinance 07 -14 regarding the change to Avon Municipal Code section 9.08.030. TOWN OF AVON, COLORADO ORDINANCE NO. 07-14 SERIES OF 2007 AN ORDINANCE REPEALING AND REENACTING SECTION 9.08.030 OF THE AVON MUNICIPAL CODE RELATING TO THE DEFINITION OF LARCENY WHEREAS, The Colorado Revised Statutes have been amended to create new thresholds for value based crimes; and WHEREAS, the Town of Avon wishes to have the Avon Municipal Code reflect the changes made to the Colorado Revised Statutes, allowing value based crimes of under $1,000 to be heard by the Avon Municipal Court. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Section 9.08.030, Chapter 9.08 of the Avon Municipal Code is hereby repealed and reenacted to read as follows: 9.08.030 Definitions. For the purposes of this Chapter, the following definitions shall have the meanings indicated: Larceny means to take or exercise control over property of another having a value of less than one thousand dollars ($1000.00), without authorization or by threat or deception, and: a. With the intention to deprive the owner permanently of the use or benefit of such property; or b. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or c. To use, conceal or abandon such property intending that such use, concealment or abandonment will deprive the owner permanently of its use and benefit; or d. To demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner. Recreational facility means any golf course, tennis court, bowling alley or any recreational property or any related property, facility or thing whatsoever. INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED this _ day of November, 2007, and a public hearing shall be held on this Ordinance on the day of , 2007 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED the day of , 2007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police, by Officer S. Hodges Date Nov 8, 2007 C O L O R A D O Re: Amendment to Municipal Code, Law Enforcement Training Surcharge Introduction: This ordinance will create a small surcharge that will be imposed on people convicted of violations of the Avon Municipal Code. The surcharge will be used to reimburse the Town for training expenses of the Police Department. The ordinance allows the Town Council to set the amount of the surcharge by ordinance. We estimate that the surcharge, as proposed, will bring in about $8,000 per year. Background: The Colorado State Patrol and several municipal agencies throughout the state use a surcharge to help defray the cost of training. Discussion: A training surcharge levied on those convicted of violations of the Avon Municipal Code imposes a slight burden on those that necessitate the need for law enforcement. Recommendation: Staff recommends adoption of the ordinance as written. Recommended Motion: I move to adopt Ordinance 07 -15, an ordinance enacting section 1.08.015 of the Avon Municipal Code, as written. Town Manager Comments: Attachments: Exhibit A: Proposed ordinance 07 -15 regarding Avon Municipal Code section 1.80.015. TOWN OF AVON, COLORADO ORDINANCE NO. 07-15 SERIES OF 2007 AN ORDINANCE ENACTING SECTION 1.08.015 OF THE AVON MUNICIPAL CODE RELATING TO A LAW ENFORCEMENT TRAINING SURCHAGE WHEREAS, the Town Council wishes to provide the best law enforcement services possible to the citizens of the Town of Avon ; and WHEREAS, it is recognized that the ongoing and recurrent training of the personnel of the Avon Police Department is essential to the safety of the citizens of the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 1.08 of the Avon Municipal Code is amended by the addition of a Section 1.08.015 to read as follows: 1.08.015 Law Enforcement Training Surcharge Upon sentencing any person for a misdemeanor violation of this Code or upon imposing a fine upon any person who has been found to be in violation of, or against whom a default judgment has been entered for any infraction of this Code, the Municipal Judge shall impose upon the offender a surcharge in the amount established from time to time by resolution of the town council. No portion of the surcharge may be suspended. The surcharge is not subject to the provisions of section 1.08.020 of this Code. The surcharge shall be paid to the clerk of the municipal court within ninety days of imposition of the surcharge. All surcharge funds shall be deposited in the general fund of the town and used to reimburse the town for the cost of providing job related education and training for personnel of the Town of Avon Police Department. INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED this day of November, 2007, and a public hearing shall be held on this Ordinance on the day of , 2007 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED the day of , 2007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer& -- Jeffrey Schneider, Engineer II Date: November 8, 2007 Re: Ordinance No. 07-16, Series of 2007, An Ordinance Amending Section 17.44.040 of the Avon Municipal Code to Reference the December 4, 2007, Flood Insurance Rate Map (FIRM) for Eagle County and Incorporated Areas - First Reading Summary: The attached Ordinance No. 07 -16 is proposed to update Section 17.44.040 of the Avon Municipal Code to refer to the newest Flood Insurance Rate Map (FIRM) for the Town of Avon. The FIRM is a map provided by FEMA which delineates the floodplain. The current municipal code section refers to the FIRM dated August 19, 1987 and should refer to the new map dated December 4, 2007. Background: In 2003, Eagle County in partnership with the local municipalities and the Colorado Water Conservation Board (CWCB) mapped the Eagle River floodplain. FEMA has included this new information into the FIRM that is used to regulate the floodplain. FEMA requires that all local government jurisdictions that participate in the National Flood Insurance Program formally adopt the most current edition of the FIRM and use it to regulate land use within the floodplain. Recommendation: Approve Ordinance No. 07 -16, Series of 2007, An Ordinance Amending Section 17.44.040 of the Avon Municipal Code to Reference the December 4, 2007, Flood Insurance Rate Map for Eagle County and Incorporated Areas. Proposed Motion: I move to approve Ordinance No. 07 -16, Series of 2007, An Ordinance Amending Section 17.44.040 of the Avon Municipal Code to Reference the December 4, 2007, Flood Insurance Rate Map for Eagle County and Incorporated Areas. Town Manager Comments: i -F2 v J:\FEMA Hazards\Floodplain Corrspdnce \Ordinance 07 -12 Floodplain Code Amendment Council Memo.Doc TOWN OF AVON ORDINANCE NO. 07-16 SERIES OF 2007 AN ORDINANCE AMENDING SECTION 17.44.040 OF THE AVON MUNICIPAL CODE TO REFERENCE THE DECEMBER 4, 2007 FLOOD INSURANCE RATE MAP (FIRM) FOR EAGLE COUNTY AND INCORPORATED AREAS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO THAT: Section 17.44.040 of the Avon Municipal Code is hereby repealed and reenacted of the following: The Flood Insurance Rate Map (FIRM) for Eagle County and Incorporated Areas dated December 4, 2007, serves as the basis for the ordinance codified in this Chapter and is adopted by reference. The FIRM is on file with the Town Clerk, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of November, 2007, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 11th day of December, 2007 at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk JAFEMA Hazards\Floodplain Corrspdnce \Ord 07 -12 Floodplain Code Amendment.Doc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 11th day of December, 2007. Town of Avon, Colorado Town Council Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk Approved as to Form: Town Attorney JAFEMA Hazards\Floodplain Corrspdnce \Ord 07 -12 Floodplain Code Amendment.Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Directo<2.--� Date: November 20, 2007 Re: Ordinance No. 07 -17 Amendment of Real Estate Transfer Tax Exemptions Summary: As directed by Council at the last Town Council meeting, this ordinance amends Chapter 3.12 of the Town's Municipal Code by adding an additional exemption for Town residences who have previously utilized the primary residence exemption and who are now purchasing a subsequent primary residence within the Town. In order to qualify for an exemption of up to $160,000 of the purchase of a subsequent primary residence, the applicant must have previously satisfied the conditions of the first primary residence exemption along with a further qualification that the applicant meet the definition of an Eagle County Employee as defined in the ordinance. Financial Implications: Based on assumptions previously discussed with Council, the estimated financial impact to the Town is $80,000 per year. Recommendation: Staff recommends that the Council adopt Ordinance No. 07 -17 at first reading. Page 1 Attachme • Ordinance • Page 2 TOWN OF AVON ORDINANCE NO. 07-17 AN ORDINANCE AMENDING SECTIONS 3.12.020 AND 3.12.060, AVON MUNICIPAL CODE, RELATING TO EXEMPTIONS FROM THE REAL ESTATE TRANSFER TAX BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1: Amendment. Section 3.12.020, Chapter 3.12 of Title 3, Avon Municipal Code, is amended by the addition of the following definition: Eagle County Employee means an employee, working in Eagle County who works an average of thirty (30) hours per week on an annual basis or earns 75% of his/her income and earnings by working in Eagle County; or, a retired individual, sisty years or older, who has worked a minimum of five years in Eagle County for an average of thirty (30) hours per week on an annual basis. Section 2. Amendment. Section 3.12.060, Chapter 3.12 of Title 3, Avon Municipal Code, is amended by the addition of a Paragraph (16) to provide as follows: (16) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided the following conditions are met: a. The applicant has satisfied the conditions of Paragraph (15) of this section; and b. an application for exemption is filed with the Town Manager or his or her designee prior to payment of the tax, which application is accompanied by: 1. An affidavit that the applicant's current primary residence is within the Town, that the applicant meets the definition of an Eagle County Employee, and that the real property is being purchased for use as a new primary residence and not for investment; and b. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event that the applicant shall cease to use the property as his or her primary residence or shall cease to meet the definition of an Eagle County Employee within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; Section 2. Amendment. Paragraph (16), Section 3.12.060, Chapter 3.12 of Title 3, Avon Municipal Code, is renumbered to be Paragraph (17). INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 27th day of November, 2007, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the day of ,200 at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of , 200_ Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney TOWN OF AVON, COLORADO RESOLUTION NO. 07-39 SERIES OF 2007 A RESOLUTION TO APPROVE MODEL SPECIAL DISTRICT SERVICE PLAN WHEREAS, pursuant to Ordinance No.07 -11 Series of 2007 (the "Ordinance "), the Town Council of the Town of Avon approved a policy and procedures for the establishment of special districts within the Town of Avon; and WHEREAS, pursuant to the Ordinance, the Town Manager is to prepare a Model Special District Service Plan; and WHEREAS, the Town Manager has prepared and submitted to the Town Council a proposed form of Model Special District Service Plan which the Town Council desires to approve pursuant to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Approval of Model Special District Service Plan. The form of the Model Special District Service Plan attached hereto as Exhibit A is hereby approved. Section 2. Effective Date. This Resolution shall take effect immediately upon its passage. ADOPTED this 23rd day of October, 2007. TOWN OF AVON, COLORADO (SEAL) Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 001024000\PUBFM735243.3 Exhibit A Model Special District Service Plan 001024000\PUBFiM735243.3 SERVICE PLAN FOR METROPOLITAN DISTRICT Prepared by [NAME OF PERSON OR ENTITY] [ADDRESS] [ADDRESS] [DATE] Model Service Plan for Special Districts in Town of Avon Prepared Pursuant to Town of Avon Ordinance No. 07 -11 Form Dated: 11/13/07 PUBFIN \722115.4 TABLE OF CONTENTS I. INTRODUCTION ............................................................................... ............................... 1 A. Purpose and Intent .................................................................... ............................... 1 B. Need for the District ................................................................. ............................... 1 C. Objective of the Town Regarding District Service Plans ........ ............................... 1 D. Organizers and Consultants ..................................................... ............................... 2 E. Initial Board of Directors ......................................................... ............................... 2 F. Ownership and Encumbrances ................................................. ............................... 2 H. DEFINITIONS ...................................................................................... ..............................2 III. BOUNDARIES ..................................................................................... ..............................4 IV. PROPOSED LAND USE/POPULATION PROJECTIONS /ASSESSED VALUATION....... 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 4 A. Powers of the District and Service Plan Amendment .............. ............................... 4 1. Operations and Maintenance Limitation ...................... ............................... 4 2. Use of Bond Proceeds and Other Revenues of the District Limitation...... 5 3. Recovery Agreement Limitation .................................. ............................... 5 4. Construction Standards Limitation .............................. ............................... 5 5. Privately Placed Debt Limitation ................................. ............................... 5 6. Boundary Change Limitation ....................................... ............................... 6 7. Total Debt Issuance Limitation .................................... ............................... 6 8. No Rates, Fees, Charges, Assessments or Exaction .... ............................... 6 9. Monies from Other Governmental Sources ................. ............................... 6 10. Consolidation Limitation ............................................. ............................... 6 11. Bankruptcy Limitation ................................................. ............................... 6 12. Eminent Domain Powers Limitation ........................... ............................... 6 13. Notice of Meetings ....................................................... ............................... 6 14. Subdistricts; 63 -20 Corporations ................................. ............................... 7 15. Intergovernmental Agreement; Improvement Guaranty ............................. 7 16. Ballot Issues ................................................................. ............................... 7 17. Service Plan Amendment Requirement ....................... ............................... 7 B. Preliminary Engineering Survey .............................................. ............................... 7 C. Compliance with Laws ............................................................ ............................... 8 VI. FINANCIAL PLAN ............................................................................. ............................... 8 A. General ...................................................................................... ..............................8 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ................. 8 C. No- Default Provisions ............................................................. ............................... 9 D. Maximum Mill Levy ................................................................ ............................... 9 E. Maximum Mill Levy Imposition Term .................................... ............................... 9 F. Debt Repayment Sources ......................................................... ............................... 9 G. Security for Debt ...................................................................... ............................... 9 H. Operating Mill Levy .............................................................. ............................... 10 -i - PUBFIN \722115.4 q- VII. ANNUAL REPORT .......................................................................... ............................... 10 Avon Vicinity Map A. General ..................................................................................... .............................10 Initial District Boundary Map EXHIBIT D B. Reporting of Significant Events ............................................. ............................... 10 VIII. REVIEW OF ANNUAL REPORT .................................................... ............................... 11 DX. MATERIAL MODIFICATION ......................................................... ............................... 11 X. DETERMINATION OF APPLICABILITY ...................................... ............................... 12 XI. AMENDMENT .................................................................................... .............................13 EXHIBIT J XII. EXEMPTION .................................................................................... ............................... 14 XIII. DISSOLUTION ................................................................................... .............................14 XIV. DISCLOSURE TO PURCHASERS .................................................. ............................... 14 XV. COMPLIANCE WITH LAWS .......................................................... ............................... 14 XVI. SANCTIONS ..................................................................................... ............................... 15 XVII. CONCLUSION .................................................................................... .............................15 LIST OF EXHIBITS EXHIBIT A Legal Description EXHIBIT B Avon Vicinity Map EXHIBIT C Initial District Boundary Map EXHIBIT D Description of Public Improvements, including the information required by Section 32- 1- 202(c) and (e). EDIT E Matrix of Ownership and Maintenance EXHIBIT F Financing Plan, including sources and uses and bond solutions EDIT G District Election Questions EXHIBIT H Underwriter Commitment Letter EXHIBIT I Form of Disclosure EXHIBIT J Proof of Ownership and Encumbrances PUBFW 7221 15.4 S SERVICE PLAN FOR METROPOLITAN DISTRICT I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the Town. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated constituents and taxpayers of the District. The primary purpose of the District will be to finance the construction of these Public Improvements. The District is not being created to provide ongoing operations and maintenance services other than as specifically set forth in Exhibit E to this Service Plan. B. Need for the District. There are currently no other governmental entities, including the Town, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the Town Regarding District Service Plans. The Town's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, and financing of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Mill Levy Imposition Tenn. The District's mill levy shall be no higher than the Maximum Mill Levy. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with development and regional needs. [Operational activities are allowed only to the extent specified in Exhibit E to this Service Plan.] [It is the intent of the District to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, or upon the occurrence of an event specified in Section 32 -1- 701(2) or (3) of the Special District Act] The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Mill Levy and which shall not exceed the Maximum Mill Levy Imposition Tenn. It is the intent of this Service Plan to assure to the extent possible that no property bear an economic burden that is greater than that associated with the Maximum Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Mill Levy Imposition Tenn. Generally, the cost of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. PUBFM722115.4 W D. Organizers and Consultants. This Service Plan has been prepared by the following: Ord Financial Advisor Bond Counsel E. Initial Board of Directors. District Counsel Engineers The first Board of Directors is proposed to include: [Insert name, address and phone number] F. Ownership and Encumbrances. Attached hereto as Exhibit J is proof of current ownership of and encumbrances on property in the District. IL In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Board: means the board of directors of the District. Bonds or Debt: means any bonds, notes, debentures, certificates, contracts, capital leases, or other multiple fiscal year financial obligations of the District. District: means the Metropolitan District. External Financial Advisor: means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond 7 PUBFIN\722115.4 1 Buyer's Municipal Market Place (also known as the Redbook); and (3) is not an officer of the District. Financial Plan: means the Financial Plan attached hereto as Exhibit F and described in Section VI which describes (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated revenue and expenses. Initial District Boundaries: means the boundaries of the area described in the Initial District Boundary Map. Initial District Boundary Map: means the map attached hereto as Exhibit C, describing the Initial District's Boundaries. Market Issued Debt: means Debt which is underwritten by an underwriter or investment banker listed in the Bond Buyer's Municipal Market Place (also known as the Redbook). Material Modification: means a modification to this Service Plan as described in C.R.S. § 32 -1- 207(2) or Section IX of this Service Plan. Maximum Mill Lev v: means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section VI.E below. Maximum Mill Levy Imposition Term: means the maximum term for imposition of a mill levy as set forth in Section VI.F below. Official Development Plan: means an Official Development Plan as approved by the Town pursuant to the Town Code. Privately Placed Debt: means Debt which is sold or placed directly with an investor, without being underwritten by an underwriter or investment banker. Project: means the development or property commonly referred to as Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, and financed as generally described in Exhibit D, except as specifically limited in Section V below, to serve the future taxpayers and inhabitants of the Initial District Boundaries as determined by the Board of Directors. Service Plan: means this service plan for the District approved by the Town Council. Service Plan Amendment: means an amendment to the Service Plan approved by Town Council in accordance with the Town's ordinance and the applicable state law. Special District Act: means Section 32 -1 -101, et seq., of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Town: means the Town of Avon, Colorado. -3- PUBFIN \722115.4 I Town Attorney: means the Town Attorney of the Town of Avon, Colorado. Town Code: means the Municipal Code of the Town of Avon, Colorado. Town Council: means the Town Council of the Town of Avon, Colorado. Town Manager: means the Town Manager of the Town of Avon, Colorado. III. BOUNDARIES The area of the Initial District Boundaries includes approximately acres. A legal description of the Initial District Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C. A vicinity map is attached hereto as Exhibit B. Property upon which residential units are built or will be built to qualify under an affordable housing program are excluded from the Initial District Boundaries. Furthermore, pursuant to Section 32- 1- 1001(1)(j)(II) of the Special District Act, the District shall not impose a tap fee or connection fee for any property owned or used for affordable housing. IV. PROPOSED LAND USE/POPULATION PROJECTIONS /ASSESSED VALUATION The Initial District Boundaries consists of approximately _ acres of land. The current assessed valuation of the Initial District Boundaries is $ and, at build out, is expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The population of the District at build -out is estimated to be approximately people. The Official Development Plan for the property in the Initial District Boundaries was approved by the Town on V. DESCRIPTION OF PROPOSED POWERS. E%IPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements and, if provided herein, related operation and maintenance services, within and without the boundaries of the District as such power and authority is described in the Special District Act, other applicable statutes, and constitutional and common law, subject to the limitations set forth herein. 1. Operations and Maintenance Limitation. The purpose of the District is to plan for, design, acquire, construct, install, and finance the Public Improvements. The District shall dedicate the Public Improvements to the Town or other appropriate jurisdiction or owners association in a manner consistent with the Official Development Plan and other rules and regulations of the Town and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to Exhibit E in the approved Service Plan. [Pursuant to Section XIII, upon payment of all authorized Debt used to construct the Public Improvements, the Board of Directors of the District will take all necessary action to promptly dissolve the District.] -4- PUBF1N\7221 15.4 7 2. Use of Bond Proceeds and Other Revenues of the District Limitation. Proceeds from the sale of Debt instruments and other revenues of the District may be used only for those public purposes permitted by the Special District Act and this Service Plan. If the landowner /developer constructs Public Improvements and conveys them to the District contingent upon a pledge from the District that it will issue bonds to pay the landowner /developer, prior to reimbursing the landowner /developer for such amounts, the District must receive the report of an independent engineer or accountant confirming that the amount of the reimbursement is reasonable. All property acquired and Public Improvements installed shall be done in compliance with the Special District Act and applicable bidding requirements. 3. Recovery Agreement Limitation. Should the District construct infrastructure subject to a recovery agreement with the Town or other entity, the District shall retain all benefits under the recovery agreement. Any subsequent reimbursement to the District for public improvements installed or financed by the District will remain the property of the District and be applied toward repayment of its Debt, if any. Any reimbursement revenue not necessary to repay District Debt may be utilized to construct additional Public Improvements permitted under this Service Plan. 4. Construction Standards Limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. In all instances, the District will comply with applicable Town ordinances, regulations and standards, including, without limitation, and to the extent necessary, execution of public improvement agreements and provision of improvements and dedication of any of the public improvements to the Town. The District will obtain the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. Nothing herein requires the Town to accept the transfer of any public Improvement. 5. Privately Placed Debt Limitation. Prior to the issuance of any Privately Placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32 -1- 103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax - exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. -5- PUBFIN \722115.4 ld 6. Boundary Change Limitation. The District shall not include within or exclude from its boundaries any property without the prior written consent of the Town. 7. Total Debt Issuance Limitation. The District shall not issue Debt in an aggregate principal amount in excess of $ , provided that the foregoing shall not include the principal amount of Debt which has been refunded by the issuance of refunding Debt. 8. No Rates, Fees, Charizes, Assessments or Exaction. The District shall not impose any tax, rate, fee, charge, assessment or exaction and shall not utilize any tax, rate, fee, charge, assessment or exaction imposed by any public or private entity without written consent of the Town. 9. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non -profit entities that the Town is eligible to apply for, except pursuant to an intergovernmental agreement with the Town. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 10. Consolidation Limitation. The District shall not file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town. 11. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Mill Levy and the Maximum Mill Levy Imposition Term have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32 -1 -204.5 of the Special District Act. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). Any Debt issued with a pledge or which results in a pledge that exceeds the Maximum Mill Levy or the Maximum Mill Levy Imposition Term, shall be deemed a material departure from this Service Plan pursuant to Section 32 -1 -207 of the Special District Act, and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. 12. Eminent Domain Powers Limitation. The District shall not exercise the power of eminent domain except upon the prior written consent of the Town. 13. Notice of Meetings. The District shall deliver to the Town Clerk a copy of written notice of every regular or special meeting of the District at least three (3) business days prior to such meeting. The District shall post a copy of such notice at Town Hall. From the time -6- PUBFIN 722115.4 that 50° o of the structures to be built in the District have been sold to purchasers, all meetings of the Board of Directors shall be held within Town limits. 14. Subdistricts: 63 -20 Corporations. No subdistricts shall be created by the District pursuant to Section 32 -1- 1101(1.5) of the Special District Act. The District shall not create any corporation to issue Bonds on the District's behalf. 15. Intergovernmental Agreement; Improvement Guaranty. The District shall not levy any taxes or issue any debt until it enters into an intergovernmental agreement with the Town regarding the enforcement of this Ordinance and the provisions of the Model Service Plan. The intergovernmental agreement shall be in form and substance satisfactory to the Town Manager and Town Attorney. The creation of the District shall not alter the obligation of the developer of property in the District to provide the Town with improvement guarantees pursuant to 16. Ballot Issues. The District shall provide to the Town Clerk a copy of any ballot issue, as defined in Article X, Section 20(2)(a) of the Colorado Constitution, no later than forty -twc (4?2) days before the election on such ballot issue. The District shall cause a copy of such ballot issue language to be posted at Town Hall. The District shall use reasonable efforts to obtain two summaries as described in Article X, Section 20(3)(b)(v) of the Colorado Constitution, one for and one against the ballot issue, to be included in the required notice of election. 17. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. While the assumptions upon which this Service Plan are generally based are reflective of [an Official Development Plan] for the property within the District, the cost estimates and Financing Plan are sufficiently flexible to enable the District to provide necessary services and facilities without the need to amend this Service Plan as development plans change. Modification of the general types of services and facilities, and changes in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then - current Official Development Plans for the property. Actions of the District which violate the limitations set forth in Sections A.1 -16 above or in Section VI shall be deemed to be material departures from this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. B. Preliminary Engineering Survey. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements within and without the boundaries of the District, as more specifically described in Exhibit D. An estimate of the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the Official Development Plan on the property in the Initial District Boundaries and is approximately $ and as more specifically detailed in Exhibit D. -7- PUSFIN 722115.4 Deleted: at least Deleted: five Deleted: 5 J e- All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Official Development Plan. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the Town's requirements, and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine cost estimates contained herein and prepare for issuance of Debt. All cost estimates will be inflated to then - current dollars at the time of the issuance of Debt and construction. All construction cost estimates assume construction to applicable local, State or Federal requirements. C. Compliance with Laws. All activities of the District shall be subject to the Town's zoning, subdivision, building code, land use and other requirements of the Town Code. The Town shall not be limited in implementing Town Council or voter approved growth limitations, even though such actions may reduce or delay development within the District and the realization of District revenue. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation, and financing of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Mill Levy Imposition Term from revenues derived from the Maximum Mill Levy and other legally available revenues (subject to Section V.A.8 hereof). The total Debt that the District shall be permitted to issue shall not exceed the total Debt issuance limitation set forth in Section V.A.7 hereof, and shall be permitted to be issued on a schedule and in such year or years as the District determine shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property of the District. Prior to issuing any Debt, the District shall deliver to the Town an opinion of nationally recognized bond counsel (acceptable to the Town Attomey) stating that the Debt satisfies the requirements of the Service Plan. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. The proposed maximum interest rate on any Debt shall not exceed — %. The maximum underwriting discount shall not exceed — %. Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. The forms of the ballot questions which the District will submit to its electors at the organizational election are attached hereto as Exhibit G. -8- PUBFM722115.4 /13 C. No- Default Provisions. Debt issued by a District shall be structured so that failure to pay debt service when due shall not of itself constitute an event of default or result in the exercise of remedies. The foregoing shall not be construed to prohibit events of default and remedies for other occurrences including, without limitation, (1) failure to impose or collect the Maximum Mill Levy or such portion thereof as may be pledged thereto, or to apply the same in accordance with the terms of the Debt, (2) failure to abide by other covenants made in connection with such Debt, or (3) filing by a District as a debtor under any bankruptcy or other applicable insolvency laws. Notwithstanding the foregoing, Debt will not be structured with a remedy which requires the District to increase the Maximum Mill Levy or the Maximum Mill Levy Imposition Term. D. Maximum Mill Levy. The "Maximum Mill Levy" shall be the maximum mill levy the District is permitted to impose upon the taxable property of the District and shall be determined as follows: 1. The Maximum Mill Levy shall be fifty (50) mills for both debt service and operating purposes; provided, however, that such mill levy be adjusted by the District to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation occurring after January 1, 20_, so that to the extent possible, the actual revenues generated by the maximum mill levy are neither diminished nor enhanced as a result of such changes. Among other adjustments, a change in the ratio of actual valuation of assessable property shall be deemed a change in the method of calculating assessed valuation. E. Maximum Mill Levy Imposition Term. The District shall not impose a Debt service mill levy for more than forty (40) years after the year of the initial imposition of such Debt service mill levy unless: (1) a majority of the Board of Directors of the District imposing the mill levy are residents of such District, and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a Debt service mill levy for a longer period of time than the limitation contained herein. F. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of Debt service and for operations and maintenance. The Debt mill levy shall only be used for Debt service on Market Issued Debt or for Privately Placed Debt. It shall never be used to pay debt service on any other obligation. The District may also use various other revenue sources authorized by law and this Service Plan to pay Debt service. In no event shall the Debt service mill levy in any District exceed the Maximum Mill Levy or the Maximum Mill Levy Imposition Term. G. Security for Debt. No Debt or other financial obligation of any District will constitute a debt or obligation of the Town in any manner. The faith and credit of the Town will not be pledged for -9- PUBFIN 722115.4 1� the repayment of any Debt or other financial obligation of any District. This will be clearly stated on all offering circulars, prospectuses, or disclosure statements associated with any securities issued by any District. A District shall not utilize the Town of Avon' name in the name of the District. H. Operating Mill Levy In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The first year's operating budget is estimated to be $ which is anticipated to be derived from property taxes and other revenues as described in Exhibit F. VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report to the Town no later than August 1 of each year following the year in which the Order and Decree creating the District has been issued. B. Reporting of Significant Events. The annual report shall include the following information: (a) A narrative summary of the progress of the District in implementing its Service Plan; (b) Except when an exemption from audit has been granted for the fiscal year under the Local Government Audit Law, the audited financial statements of the District for the fiscal year including a statement of financial condition (i.e. balance sheet) as of December 31 of the fiscal year and the statement of operations (i.e. revenues and expenditures) for the fiscal year; (c) Unless disclosed within a separate schedule to the financial statements, a summary of the capital expenditures incurred by the District in development of public facilities in the fiscal year, as well as any capital improvements or projects proposed to be undertaken in the five (5) years following the fiscal year; (d) Unless disclosed within a separate schedule to the financial statements, a summary of the financial obligations of the District at the end of the fiscal year, including the amount of outstanding indebtedness, the amount and terms of any new District indebtedness or long -term obligations issued in the fiscal year, the amount of payment or retirement of existing indebtedness of the District in the fiscal year, the total assessed valuation of all taxable properties within the District as of January 1 of the fiscal year, and the current mill levy of the District pledged to debt retirement in the fiscal year; -10- PUBFIN 722115.4 /S (e) The District's budget for the calendar year in which the annual report is submitted; (f) A summary of residential and commercial development which has occurred within the District for the fiscal year; (g) A summary of all taxes, fees, charges and assessments imposed by the District as of January 1 of the fiscal year; (h) The name, business address and telephone number of each member of the Board of Directors and its chief administrative officer and general counsel, together with the date, place and time of the regular meetings of the Board of Directors; and (i) A summary of any regular or special election held during the fiscal year, together with a copy of the ballot, public records relating to voter information, and other election materials, and a certification that such elections were held in conformance with all applicable laws. VIII. REVIEW OF ANNUAL REPORT The Town Council, at a regular or special public meeting, may review the annual report from the District. The failure of the District to file the annual report within thirty (30) days of the mailing of a default notice by the Town Clerk shall empower the Town Council to impose the sanctions authorized in Section XVI. The remedies provided for non - compliance with the filing of the annual report are supplementary to the remedy authorized under Section 32 -1 -209 of the Special District Act. IX. MATERIAL MODIFICATION The occurrence of any of the following actions, events or conditions ( "Events ") after (I) approval of an Approved Service Plan, (II) written notice from the Town of such Event is provided to the District and (III) the District fails to correct or cure such Event within ninety (90) days from receipt of such notice or fails to request a hearing under Section 18.01.14 of the Avon Municipal Code (provided, however, if the District cannot reasonably correct or cure such Event within such ninety (90) day period but can reasonably correct or cure such Event within one hundred eighty (180) days after receipt of the notice, the District commences its correction or cure within such ninety (90) day period and diligently pursues the same to completion within the one hundred eighty (180) day period), are deemed changes of a basic or essential nature which constitute a Material Modification which shall require a service plan amendment. A. Any issuance of Debt or proposed issuance of Debt with a pledge or that would result in a pledge that exceeds the Maximum Mill Levy or the Maximum Mill Levy Imposition Term. B. Default in the payment of principal or interest of any District bonds, notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing issued or incurred by the District which: -11- PUBFIN \722115.4 A0 Persists for a period of one hundred twenty (120) days or more; 2. The defaulted payment(s) aggregates either Fifty Thousand Dollars ($50,000.00) or ten percent (10 %) of the outstanding principal balance of the indebtedness; and 3. The creditors have not agreed in writing with the District to forbear from pursuit of legal remedies. C. The institution of a proceeding for debt adjustment or the confirmation of a plan for adjustment of debt under Chapter 9 of the Bankruptcy Code; D. The failure of the District to develop any capital facility proposed in this Service Plan when necessary to service approved development within the District; E. Failure of the District to realize at least seventy-five percent (75 %) of the development revenues (including developer contributions, loans or advances) projected in this Service Plan during the three -year period ending with the report year, where development revenue is defined as fees, exactions and charges imposed by the District on residential and commercial development, excluding taxes, provided that the disparity between projected and realized revenue exceeds Fifty Thousand Dollars ($50,000.00); F. The development of any capital facility in excess of Ten Thousand Dollars ($10,000.00) in cost, which is not either identified in this Service Plan or authorized by the Town in a separate development approval; G. The occurrence of any event or condition which is defined under this Service Plan or an intergovernmental agreement as constituting a material modification or necessitating an amendment; H. The default by the District under any intergovernmental agreement with the Town; I. The inclusion or exclusion of property into or from the District's boundaries without first obtaining the consent of the Town; or J. Any of the events or conditions enumerated in Section 32 -1- 207(2) of the Special District Act. K. The imposition of any tax, rate, fee, charge, assessment or exaction without the written consent of the Town or the issuance of any Debt not authorized by this Service Plan. X. DETERMINATION OF APPLICABILITY. Should the District dispute that one (1) or more of the Events enumerated in Section IX has occurred, it may request a hearing before the Town Council within ninety (90) days after written notice from the Town of such occurrence. After hearing and receipt of any relevant information presented by the District and the recommendation of the Town Manager, the Town Council shall make a finding as to whether such occurrence constitutes a Material Modification. -12- PUBFiN\722I 15.4 If the Town Council concludes a Material Modification has occurred, the District shall comply with Section XI. The Town Council shall retain the prerogative to require an amendment thereafter if the change or deviation, on a cumulative basis, subsequently becomes material. In making its determination, the Town Council may consider, among other relevant information, whether the modification will have an adverse financial impact on the Town. XI. AMENDMENT. If a Material Modification is found to have occurred under Section IX or X, within ninety (90) days of such finding, the Board shall forward a petition to the Town Council requesting a service plan amendment. The petition for amendment shall include, among other relevant information: A. Any information or documentation required under the applicable provisions of the Special District Act; B. An update to any of the information, assumptions or projects furnished in conjunction with the petition for approval of organization of a District or contained in this Service Plan, with all changes highlighted and enumerated; C. A detailed explanation of the activity, events or conditions resulting in the Material Modification to this Service Plan, including what action was taken or alternatives considered, if any, by the District to avoid the action, event or condition; D. The projected or resulting impact of the Material Modification on the District's ability to develop the capital facilities and infrastructure necessary to meet its original capital development plan; E. The effect of the Material Modification on the District's ability to retire as scheduled its outstanding financial obligations and its ability to issue and market additional indebtedness to finance additional capital expenditures; F. An updated financial plan for the District reflecting development absorption rates anticipated within the District's service area, projected annual revenues and expenditures based upon such projected absorption rates, debt issuance and amortization schedules, and a projection of anticipated capital outlays; G. The financial impact of the Material Modification on existing residents of the District; H. An updated five -year capital improvements plan; and I. What alternatives or options are available to the District if the requested amendment is not approved. The amendment shall be processed and reviewed in the same manner as prescribed for an initial service plan, except that the submittal requirements of this Section shall apply. The District shall pay to the Town the fee required by Section 18.01.04 of the Avon Municipal Code. -13- PUBFIN \722115.4 K If the District applies for an amendment under this Section, the Town shall not bring an action pursuant to Section 32- 1- 207(3)(b) of the Special District Act during the processing by the Town of such request for an amendment unless necessary to protect the interests of the Town. XH. EXEMPTION If the District has not undertaken development of capital facilities or issued any indebtedness, it may apply to the Town Council for an exemption from compliance with certain portions of this Service Plan or Chapter 18.01 of the Avon Municipal Code. The Town Council shall consider issuing an exemption if the District's authorization under the Service Plan and the intergovernmental agreement with the Town to undertake development of capital facilities or issue any indebtedness is suspended by resolution of the Board of Directors. With issuance of the exemption, the District shall be excluded from compliance with such exempted requirement, except that the District annually, not later than September 1, shall submit financial statements from the previous year and the budget for the current year. If the District is granted an exempt status, prior to undertaking capital development or issuing any indebtedness authorized under this Service Plan or the Special District Act, the District shall fully comply with the provisions of this Service Plan and Chapter 18.01 of the Avon Municipal Code. XIII. DISSOLUTION The District agrees to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes upon the occurrence of one of the following: (1) if the District has not issued any Debt within five (5) years from the approval of this Service Plan, (2) upon an independent determination of the Board of Trustees that the purposes for which the District were created have been accomplished, or (3)when no Debt is then outstanding. In no event shall a dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt as required pursuant to State statutes. XIV. DISCLOSURE TO PURCHASERS The District will use reasonable efforts to assure that all developers of or builders on the property located within such District provide written notice to all persons who purchase or lease property in the District from the developer or the builder regarding the Maximum Mill Levy as well as a description of the District's authority to impose and collect rates, fees, charges or exactions. The form of notice shall be substantially in the form of Exhibit I hereto; provided that such form may be modified by the District so long as a new form is submitted to the Town prior to implementation. The District will use reasonable efforts to assure all promotional, marketing, and sales information shall display notice, at least equal in size and font to all other pertinent information, as to the debt, taxes, rates, fees and exactions of the District. XV. COMPLIANCE WITH LAWS The approval of the Service Plan shall not limit the Town in implementing any growth limitations imposed by the Board of Trustees or the voters. The District shall be subject to all of the Town's zoning, subdivision, building code or land use requirements. -14- PUBFQV\7221 15.4 q XVI. SANCTIONS Should the District fail to request and obtain an amendment when required under this Service Plan or otherwise fail to fully and completely comply with this Service Plan, the Town Council by resolution may impose one (1) or more of the following sanctions, as it deems appropriate: A. Exercise any applicable remedy under the Special District Act; B. Withhold the issuance of any permit, authorization, acceptance, or other administrative approval necessary for the District's development of public facilities or construction; C. Exercise any legal remedy under the terms of any intergovernmental agreement under which the District is in default; or D. Exercise any other legal remedy, including seeking injunctive relief against the District, to force compliance with the provisions of this Service Plan. XVII. CONCLUSION It is submitted that this Service Plan for the District is in compliance with Chapter 18.01 of the Avon Municipal Code and, as required by Section 32 -1- 203(2) of the Special District Act -LGeleted :. jestablishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. 15- PUBFIN \722115.4 P1U ommuffm Legal esc6ption A- I EXHIBIT B Avon Vicinity Map B -1 PUBFM722115.4 EXHIBIT C Initial District Boundary Map C -1 PUBPIM722115.4 IN EXHIBIT D Description of Public Improvements D -1 PUBFM722115.4 T- EXHIBIT E Matrix of Ownership and Maintenance E -1 PUBFQJ\722115.4 EXHIBIT F Financing Plan, including sources and uses and bond solutions F -1 PUBFIM722115.4 NO EXHIBIT G District Election Questions G -1 PUBF1M722115.4 a-7 EXHIBIT H Underwriter Commitment Letter H -1 PUBFIN \722115.4 EXHIBIT I Form of Disclosure Special Taxing District. The property is located within the boundaries of Metropolitan District, a special taxing district (the "District"). The District has issued or expects to issue bonds that are paid by revenues produced from annual tax levies on the taxable property within the District. The buyer should investigate the financing plans of the District, proposed or existing mill levies of the District servicing such indebtedness, and the potential for an increase in such mill levies. I -1 PUBFIN \722115.4 EX FIT J Proof of Ownership and Encumbrances 7 -1 PUBFQ9 \722115.4 3(z) MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY SUBJECT: EAGLEBEND EXCLUSION DATE: November 27, 2007 On the Council agenda are petitions signed by owners of property within Eaglebend, asking that their property be excluded from the Eagle Vail Metropolitan District. No action is required to be taken by the Council as a result of the filing of the petitions. However, under state statute, the Council may adopt a resolution which directs that a petition be filed with district court to exclude Eaglebend from Eagle Vail. Town staff is proceeding to arrange a meeting with Eagle Vail staff, the attorneys for both entities and the attorney for Upper Eagle Regional Water Authority to devise a plan to accomplish the exclusion to the satisfaction of all. In the meantime, this memorandum is provided as a reminder of the procedure to be followed when a petition is filed with the district court. It is assumed that, if agreement is reached, that agreement will be implemented by the Town filing a petition. 1. Within ten days after the filing of the petition, the Eagle Vail board will be notified, and the Eaglebend taxpaying electors will be notified by publication. The Town, the Eagle Vail board and the taxpaying electors, as a class, are the parties to the exclusion proceedings. 2. At the time of filing the petition, the Town is required (in the language of the statute) to submit a plan for the disposition of assets and continuation of services to all areas of the district. The plan includes, to the extent applicable, a) provisions for the maintenance and continuity of facilities to be utilized by the territories both within and without the municipal boundaries and b) provisions for services to all territories served or previously served by the district. In this case, the plan would be a simple one, providing for conveyance of water lines and facilities within Eaglebend to the Town and providing for the Town's supplying of water to Eaglebend. Services to the remaining areas of Eagle Vail and maintenance and continuity of the facilities utilized without the Town boundaries would not be affected. 3. If the district and the Town agree on a single plan and enter into a contract incorporating it, the court is required to review the contract and, if it finds the contract is fair and equitable, approve it and incorporate it into the exclusion order. The court's review of the contract includes (again in the language of the statute) consideration of the district's outstanding bonds, discharge by the Town or Eaglebend of the portion of the debt incurred to serve Eaglebend, the value and source of district facilities located within Eaglebend, the facilities to be transferred necessary to serve Eaglebend, adequacy of facilities retained by the district, availability of the facilities transferred to continue to serve the district, the effect which the transfer of facilities and assumption of indebtedness will have upon the service provided in the remaining area of the district and the extent to which the exclusion reduces the services or facilities or increases the costs to users in the remaining area of the district. 4. In the case of special districts providing water, certain additional requirements must be met. First, the district's outstanding bonds may not exceed ten percent of the valuation for assessment of the taxable property in the remaining territory of the district or, as an alternative, the Town or Eaglebend must discharge that portion of the district's indebtedness incurred to serve Eaglebend or the Town must enter into a contract to purchase the entire system of the district at a price sufficient to pay the outstanding indebtedness of the district, including interest. If it is correct that Eagle Vail's debt will be paid off next year, there will be no issue in that regard. Second, provision must be made that all areas of the district receive the water services for which the district was organized in substantial compliance with and fulfillment of the service plan for the district or the petition for organization if no service plan exists. 5. After filing of the petition, ten percent or 100 of the eligible electors of Eaglebend, whichever is less, may petition the court for a special election to be held within Eaglebend on the question of exclusion. If a petition is filed, the court orders a special election, but only if the conditions described above have been met. The district bears the costs of the election. 6. Any order for exclusion becomes effective, after recording, on January 1 next following the date the order is entered. This reflects the fact that the levy of ad valorem taxes occurs as of January 1. A date of January 1, 2009, would also be consistent with the fact that Eagle Vail's debt will have paid in 2008. The exclusion proceedings encourage agreement between the Town and Eagle Vail on the terms and conditions of the exclusion of Eaglebend from Eagle Vail. If agreement cannot be reached, the court must make a fair and equitable decision based upon the criteria of exclusion of the territory and the transfer of facilities necessary to serve the territory excluded without impairing the quality of service or imposing an additional burden or expense on the remaining territory of the district. Given those criteria, a wide range of decision by the court is possible. The judge (who, remember, is not a water judge and therefore has no knowledge of or particular concern for water rights) could conclude that, since Upper Eagle Regional Water Authority treats and sells all the water anyway, there will be no impairment of quality or additional burden on Eagle Vail if Eaglebend is excluded without any payment to Eagle Vail and actual transfer of water rights. That would be a good result immediately but has the downside that, if the Water Authority should ultimately be dismantled and the Town recover responsibility for provision of water, it would have to rely on its surplus to serve Eaglebend. The amount of acre feet required would be a substantial portion of that surplus. If the surplus stored in Nottingham Lake were used (as opposed to the surplus of water under lease to the Water Authority), the lake would be drawn down during the summer months, according to Gary Greer, the Town's former water rights attorney. JWD:ipse Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, of Title Owner(s) Printed Name Date Property Address: 9qqS— Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is Incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Property Address: Eaglebend Drive Avon, Eagle County, Colorado 81520 Mailing Address: [n. D . Ojhx g-S!.2 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District In order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, l am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, ature(s) of itle Ow er(s) Printed Name Date Property Address: /DD Eaglebend Drive Mailing Address: P -.11- 8D0/� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. 1 understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signat refs) ofTitle Owners) Printed Name Date Property Address: 53Z-5,— Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: -Po ear, w i? 7 LV Z)� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladles and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, .icy property was annexed by the Town of Avon. Consequently. I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, ture(s) of Title Owner(s) Printed Name Date L// 1164 0/1-1167 Property Address: 5a -- Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: T • o Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Property Address: 3-38 1 Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Property Address: Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address:,? y q—�> t I pVv Y� CcD � 1 (-j `'(D IJ./O"7 O /,A,/D7 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: 1 hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, re (s) of Title Owner(s) Printed Name Date 11Y Property Address: -4"; %f--'Eaglebend Drive Avon, Eagle County, Colorado 81620 eox Mailing Address: / ' • yaze0c a s� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of:.von. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Si ture(s) of Ow (s) Printed Name Date Property Address: �7aa Eaglebend Drive Avon, Eagle County, Colorado 816220 Mailing Address: �5 Rog ptf(a �'Oe'Lj S3_' as ,, t mm- 4�;S(a2 — Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date / Property Address: L4311 Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: ! -� �/ 0' l D uo��. CIV g162� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date elswo 101141 `j Property Address: AA7.0 A, Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: 00 30ri �8�� r �2YVVQy� CV S'DZ (>g Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public polity, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Owner(s) Printed Name,. Date 1 X16.. b? Property Address: Aaujl Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: //630 0,4 K ! 1 6,( w P "M'e—L lfj �bd3Y Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, 1 am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Sig ture(s) Property Address: %SO 1 1 f Eaglebend Drive ,II Printed Name 114.01AOIJ -W% Date Io - .2 te -cS -7 Avon, Eagle County, Colorado 81620 Mailing Address: P� 62) x (F 3 7© AW N� g�G 2 a Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date �._ WA . %-b r' Property Address: �i q W Eaglebend Drive Avon, Eagle County, Colorado 81520 Mailing .. lz %.sue, Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) / �Printed Name Date �.t�QD✓)'�� �iG- rsO�t4.et' sC�SQi� � • %ia�PS�4�� ���9�� Property Address: �(3a 1 Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: i0.0 . �l0 C) Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metrb District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. - -- - -- - -� - -Subsequently, my property-was annexed bythe-Town of Ryon_ Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district Is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, 4nature(s) of Title Owner(s) Printed Name Date 11 / I2F% J Property Address: 5'Zpo Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address v C tl4l(- Cc) Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my properly was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date s10 7 Property Address: Sad Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: ?VO /�U�r`� 1r✓ l�x�S 78 ?3C� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was Included in the Eagle Vail Metro District in order to obtain water service for the property. — - - -- - Subsequently, my property was annexed.hy the-Town. of Avon. _ Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. it is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood In eliminating these overlapping services and double taxation. L Respectfully submitted, Title Owner(s) Printed Name Date Property Address: 5211 Eaglebend Drive Avon, Eagle County Colorado 81620 Mailing Address: Pe) 313( Co 3l&20 Or Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date 6y Property Address: 59 L Eaglebend Drive Avon, Eagle County, Colorado 81620 2:�7 Mailing Address:Pd �t�X 92Y 1 - Any-) 6'r) v- Ku Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my- signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District In order to obtain water service for the property. - -- – Subsequently, -my property .was.annexedbyc the Town of Avon. Consequently, I am paying _ property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It Is my understanding that the bonds Issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood In eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owners) Printed Name Date W j'c Property Address: IK— Eaglebend Drive Avon, Eagle County, Colorado 82620 W PrC t L& DA No -f Mailing Addressf_ 1 70 1 q1 `{S'-73 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail metro District. I understand that my property was Included In the Eagle Vail Metro District in order to obtain water service for the property. — - Subsequently,•my property.was-annexedby the-Town of Avon. Consequently, I am paying _ property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood In eliminating these overlapping services and double taxation. Respectfully submitted, of Ti i ner(s) Printed Name Date Property Address- 'Z-1 Drive Avon, Eagle County, Colorado 81620 Mailing Address: 54 � L4 S LA T;�7 N LO P no 12 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Printed Name Date ,4m 11 c.12nz4 jilt -516-4 Property Address; Eaglebend Drive Avon, Eagle County, Colorado 81620 �( R 'Dn Mailing Address: 7 L/ bo�" �'" �� Avoo I Co 81 20 Eagle Vail Metro District Board of ©irectors Avon Town Coundl Re: Exclusion from Eagle Vag Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was Included in the Eagle Vail Metro District In order to obtain water service for the property. - ftequentlll,-my property -mi -armexed,14 tbeffmffl of Av-9% Consequently I am paying property taooes to both Eagle Vail Metro District and the Town of Awn for overlapping services: '• "- - -- it is my understanding that the bonds issued by Eagle Vail Metro District to ins P the water Infrastructure serving my property will be paid off In 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water dou serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of publk policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a sped improvement district is annexed by a municipality. It Is incumbent upon both the tagle Vail Metro District and the Town of Avon to assist our +mod In elimhutirm these overlapping services and double taxation. Respectfully submitted, Property Address: .)q5O Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address. 4 )7 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. - -- - -- Subsequently, -my property_was annexed.by the Town of Avon_ Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water Infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Property Address: S*1 Z!� Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address:_ ,3 o O Le 'z Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. -- -- - - Subsequently, -my property-was annexed by the -town of Avon _Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping sery ces. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is Incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, =aName Date Property Address: / Eaglebend Drive Avon, Eagle County, Colorado 81620 ,( Mailing Address: Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District ladies and Gentlemen: 1 hereby petition to have my properly located at the address set forth below my signature, excluded from the Eagle Vail Metro District 1 understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. uenfy -M property-wasannexed*112016WO of Aron. Consseguendy, tam PaYir±H_ property taxes to both Eagle Vail Metro District and the Town of Avon for overlappping It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my properly be transferred from the ale Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors ellmhotion of overlapping services ahQ double taxation that results when property within a special improvement distract is annexed by a municipality. it Is Incumbent upon both the .Eagle Vail Metro District and the Town of Avon to assist our neigfibortwod In eliminating these overlapping services and double taxation. Respectfully .N Property Address Printed Flame Date Eaglebend Drive von, Eagle County, Colorado 81620 Mailing Address._ JJo Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Property Address: o23 Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: PO &K Z 3 A Von Co ���Zo Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included In the Eagle Vail Metro District in order to obtain water service for the property. - - -- — Su hse4uentlY,-mt PWperty-was annexed J4 the -Tom of Ayort Consequent1y,1 am paying _ property taxes to both Eagle Vail Metro DiMct and the Town of Avon for overlapping services ` it is my understanding that the bonds Issued by Eagle Vail Metro District to Install the water infrastructure serving my property will be paid off in 2009. At that time, l respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a spedal improvement dftict Is annexed by a municipality. It is incumbent upon both the US* van Metro District and the Town of AVOn to assist our neighborhood M eliminating these Overlapping services and double taxation. Respedfirlly submitted, Printed Flame Date Property Address ,o'/ A Eaglebend Drive Avon. Link County, Colorado 81620 Mailing Address; /r /4p? a^l 6V �% � Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property looted at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was Included In the Eagle Vail Metro District in order to obtain water service for the property. -Subseguentlyr4ny. property -wa%annexedJwIbeSowikof. Avon. Conseguently� I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services: -- - - -- It is my understanding that the bonds issued by Eagle Vail Metro District to instan the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public polky, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement d1strict is annexed by a municipality. it Is incumbent upon both the Ea& Vail Metro District and the Town of Avon to assist our neWdwdwod In eliminating these overmppkV services and double taxation, Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Se-Or( 1. !/11 /JT Property Address: SSS Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: �. 0 34,Y, 12'r, Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was Included in the Eagle Vail Metro District in order to obtain water service for the property. -- - Subsequently, -my propertKwasannexedbyy the Town of Avon: Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signatures) of T Owners) Property Address: Printed Name j ant �1KW-JkY%.O )a 03 Eaglebend Drive Avon, Eagle County, Colorado 81620 Date Mailing Address-,__p C) aal ) 4 1 d 0 /07 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Sigpatur of Title Owner(s) Printed Name Date Property Address: 1 cI Eaglebend Drive Avon, Eagle County, Colorado 81620 �? Mailing Address: ` 0 d Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. it is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) Printed Name Date Property Address: 5'61 a Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: Q 0 IJ Oy 19 Z-6 1a -i3 _07 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Sign ture ) of Title Owner(s) Printed Name 6 Date car - A !// 7 Property Address: 6-OojW AW Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: LUAm 4.3 i� ��,�..► . mil. Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Ow er(s) Printed Name Date aoti I ,To S 11 4.f 7 tVk--irY�- 1 O 12Z�1' Property Address: q q ab Eaglebend Drive Avon, Eagle County, Colorado 81620 b Mailing Address: 6 % lD E- J N YI AJ H OF -� j 7 �D E7a-4VQ'v1- Gb)b j56 2 3� Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. Asa matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title /Owner(s) Printed Namey� 1 Date (:%! ,ld Ql3� -✓ IC G yc9Gd � �.-u ! �`t�y' fQ- Z(i� �� Property Address: ySV,D,+ Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: Ik-79 4 4L-a, 911) �c A-1 he WIL) 5J -3 7- Z Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water Infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(st Printed Name Property Address: 4k5Q Eaglebend Drive Avon, Eagle County, Colorado 81620 Mailing Address: 1�. '6XjW2 Date 24o�r:d7 Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, re(s)/fof Title Owner(s) Printed Na /me N Date / -'�.t' ��i'l -rim— L %I% V, e�f h�, ---s 10 /U + 07 Property Address: 14-7-7, Eaglebend Drive Avon, Eagle County, Colorado 816220 Mailing Address: , a 201 _ �rM c Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen: I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, l respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, (s) of Title Owner(s) Printed Name Date CA41(� FW-4ezC, ���lo') te- VarD g(d� Property Address: � 9-' 9 Q Eaglebend Drive Avon, Eagle County, Colorado 81620 /; OX ; Mailing Address: r 0, Eagle Vail Metro District Board of Directors Avon Town Council Re: Exclusion from Eagle Vail Metro District Ladies and Gentlemen; I hereby petition to have my property located at the address set forth below my signature, excluded from the Eagle Vail Metro District. I understand that my property was Included in the Eagle Vail Metro District in order to obtain water service for the property. Subsequently, my property was annexed by the Town of Avon. Consequently, I am paying property taxes to both Eagle Vail Metro District and the Town of Avon for overlapping services. It is my understanding that the bonds issued by Eagle Vail Metro District to install the water infrastructure serving my property will be paid off in 2009. At that time, I respectfully request that my property be excluded from the Eagle Vail Metro District, and that the water infrastructure and water rights serving my property be transferred from the Eagle Vail Metro District to the Town of Avon. As a matter of public policy, Colorado law favors elimination of overlapping services and double taxation that results when property within a special improvement district is annexed by a municipality. It is incumbent upon both the Eagle Vail Metro District and the Town of Avon to assist our neighborhood in eliminating these overlapping services and double taxation. Respectfully submitted, Signature(s) of Title Owner(s) inted Name Date �IS-Ff =�-(KfL`f 1<0 ve+e -( {� Property Address: ` 1 -3 -T Eaglebend Drive Avon, Eagle County, Colorado 81620 P ©. Mailing Address: Q� (6 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 13, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Two changes to the agenda included the following: 1) a property tax revenue update for Avon and 2) Recognition of Veteran's Day. Town Attorney John Dunn asked if there were any conflict of interest or ex parte conversations with respect to the Village at Avon PUD hearing; the following were noted: • Councilor Phillips noted that she received correspondence & attended an open house about the matter, but did not receive any further information. • Councilor Dantas noted that he has had contact with Mr. Mauriello but the conversations have been about other topics and not the Village at Avon. Mayor Wolfe noted that Sunday, 11/11/07 was Veteran's Day; he spent a few minutes recognizing all men & women in the military. Asst. Town Manager Finance, Scott Wright presented a 2008 property tax update. CITIZEN AND COMMUNITY INPUT Drew Dodd, resident of Avon, asked about the recently released two hour parking limit press release. Details of the program were explained by Police Chief Kozak, he noted that the APD met with private business to discuss how they will need to maintain their own parking lots. It was suggested that Avon consider exempting the rules for the town's special events. Don Cohen, Economic Council of Eagle County, presented the Housing Action Team 2008 Work Plan Proposal with a review of the 2008 proposed budget and funding request for Avon. Discussion ensued on some of the following: • What other entities have committed • How does Summit County's Housing Authority model work • The Town could use it Housing Fund monies for the request Larry Brooks, Town Manager, noted that the 2008 budget has been formulated, and that the discussion will take place on Friday with the Mayors /Managers about the need for cooperation on countywide topics such as housing. He suggested that the Council delay a decision until the next meeting. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION PUBLIC HEARING on Village at Avon PUD Amendment Property Location: Village at Avon PUD Applicant: Dominic Mauriello, MPG / Owner: Traer Creek Description: First Reading of Ordinance No. 07 -10, an Amendment request to reconfigure the planning area boundaries of Planning Areas H, Neighborhood Center; I, Neighborhood Center; E, Village Residential; and F, Village Residential / An amendment to create a larger buffer between commercial uses and the adjacent existing Eaglebend drive residential neighborhood. Also part of the request is a text amendment to the PUD guide that will result in a modification to the current percentages and ratios of commercial -to- residential uses in order to permit more residential density in areas that are presently planned for more commercial square footage. John Dunn, Town Attorney, presented the procedural protocol related to the agenda item noting that two public hearings would be held, one this evening and another one on second reading. He noted that Council could choose to deny the application or adopt the ordinance which would approve the application on first reading with or without conditions. Eric Heidemann, Community Development Director, presented Ordinance No. 07 -10, An Ordinance recommending approval, with conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto. Mr. Heidemann reviewed the conditions in detail as well as the materials included in Council's packet and noted that staff recommended approval of the ordinance with the conditions. A brief explanation of the "vesting" requirement was provided by the Town's Attorney. Dominic Mauriello, planning consultant representing Traer Creek, presented the PUD application covering the materials enclosed in the Council packet. His presentation addressed some of the following topics: current PUD map, concepts developed based on community input, Traer Creek's proposal that reconfigures boundaries of planning areas (H, I, E, & F) and more fully and effectively integrates residential uses with Planning areas H (PUD Guide), review of Boundary changes, ratio of commercial to residential in the PUD guide (based on square footages), development scenario in the existing condition and the proposed condition, open house details, input from the open house attendees, no increase in building height proposed, and a conclusion which identified that the developer wants to work with the community on developing the area. Mauriello then responded to Traer Creek's position with regard to the six conditions included in the ordinance, and the reasons for their disagreement to each outlined condition. Munsey Ayers, Traer Creek attorney made some comments related to Planning area F & their fundamental rationale to integrate the commercial with the neighborhood and create a better buffer for Eaglebend residents. Mayor Wolfe opened the public hearing at this time and the following residents spoke: • Bobby Bank, Avon resident, spoke about the changes, the parking garage, the public transportation, and requested that the developer present a specific plan to the development area. • Drew Dodd, Avon resident, thanked Mr. Mauriello for his approach to this PUD amendment noting that prior PUD amendments were not handled as professionally. He asked the developer to work with the town on this future development. He expressed confusion as to why has there been so much delay in developing the property. • Buz Dider, Avon resident, was not supportive of the application or strategy used in drafting the PUD amendment. • Phil Struve, P &Z member, supported the conditions that were attached to the ordinance. Regular Council Meeting Page 2 of 5 07 -11 -13 Mayor Wolfe closed the public hearing. The following topics were discussed and debated by Council members and Mr. Ayers representing the applicant: • Who is responsible for bus service? It was noted that the metro district is responsible for this service and currently there are not enough funds to support providing it. • The developer backfills the metro district for operating revenues • Public benefits of the project vs. entitlements received per allowing the improvements • Municipal Services formula was discussed as a result of past cooperation between the two parties to devise an acceptable formula. • The problems the applicant has with the conditions attached to the PUD amendment. • The need to work cooperatively. • The applicant's desire to not change the existing PUD agreement. • Whether or not the current application meets the findings of the minimum criteria of the design guidelines. • Comments on height, traffic study, changes to commercial percentages, need to include more specifics on required affordable housing. Councilor Carroll moved to approve on first reading Ordinance No. 07 -10, Series of 2007, Ordinance recommending approval, with six conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto as well as the following conditions added to the ordinance: • Condition (7) - the portion of Planning Area "I" added to Planning Area "F" will stay at 42 ft. height per the PUD and no further commercial changes to Planning Area "F" (stays at the 10 %) Councilor Dantas seconded the motion as stated above. Mayor Pro Tern Sipes asked to include the following as an amendment: • Revise the minimum amount from 0% to 30% to Planning Areas "H & I" Councilor Carroll accepted the conditions proposed by Mayor Pro Tern Sipes. Councilor Dantas requested the following addition: • Planning Area "I" should be limited to the maximum height as outlined in the Town Code at 35 feet. Mayor Wolfe asked for the following revisions to the ordinance as well: • Condition 2): add the description of 1(12)(d) of the Village at Avon PUD, include amenities "ice skating and event center" • Condition 4): include the reference to the PUD Guide; the Annexation & Development Agreement is already included. • Condition 4): Further propose to add a more definitive statement as to what the developer is to proposing related to the affordable housing requirement, — places specificity of type, size, quality, for sale or rental / • Condition 6): include title of Ordinance No. 06 -17 with further details to be included in this section that help clarify the passage of that legislation. Councilor Carroll moved to accept the changes outlined above; Councilor Dantas seconded the motion and accepted the changes as well. The motion passed with a five to one roll call vote (Underwood nay). Mr. Ayers noted that he would agree to further discuss the changes to the planning areas, but the conditions that impact the Annexation Agreement pose problems. Regular Council Meeting Page 3 of 5 07 -11 -13 ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07 -11, Series of 2007, Second Reading, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon. He made a review of the proposed legislation which will establish regulations governing existing and new "Title 32" special districts, such as metro districts, water & sanitation districts, fire districts & recreation districts. He noted that it was tabled from the last meeting per a request fro Darlene Sisneros representing Traer Creek Metro District. Several versions were presented in the notebooks and a review of the documents was made. There was a meeting with Ms. Sisneros & further substantive changes were made based on that input and further legal subcommittee input as outlined per the council packet memo. Mayor Wolfe opened the public hearing and the following person spoke and letter were submitted into the record: • Darlene Sisneros, Traer Creek Metro District, spoke about further concerns as follows: the mill levy cap, the penalty, the ability to withhold building permits. She requested another table of the ordinance to continue the dialogue on those concerns and in the spirit of cooperation. • Letter from Collins, Cockrel, and Cole dated November 12, 2007 Mayor Wolfe closed the public hearing. After some further deliberations related to the public input, Councilor Phillips moved to table Ordinance No. 07 -11, Series of 2007, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon to November 27, 2007. Councilor Carroll seconded the motion and it passed unanimously. RESOLUTIONS John Dunn, Town Attorney, asked that Resolution No. 07 -39, Series of 2007, Resolution approving Service Model Plan, be tabled until the November 27, 2007 meeting with respect to the decision on Ordinance No. 07 -11 which was tabled. Councilor Underwood moved to table Resolution No. 07 -39, Series of 2007, Resolution approving Service Model Plan; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. John Dunn presented Resolution No. 07 -40, Series of 2007, Resolution Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer. A brief review of the situation was made with regard to the taxpayer neglect to pay their Real Estate Transfer Tax on real estate transactions. With no further questions, Councilor Dantas moved to approve Resolution No. 07 -40, Series of 2007, Resolution Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer. Mayor Pro Tem Sipes seconded the motion and it passed unanimously with a roll call vote. TOWN MANAGER REPORT Larry Brook, Town Manager, noted that a conversation has taken place with a local developer who has lot B under contract. There is a request for a joint work session with planning & zoning commission on 12/11/07. Regular Council Meeting Page 4 of 5 07 -11 -13 CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda without the minutes from October 23, 2007; Councilor Dantas seconded and the motion passed unanimously. Councilor Underwood moved to approve the minutes from October 23, 2007; Councilor Dantas seconded the motion and it passed unanimously. a. Minutes from October 23, 2007 b. Design Workshop Add Services Contract for Avon Town Center East c. Change Order 2 for the 2007 Street Improvements (Shane Pegram, Engineer 1) d. Union Pacific Railroad At -Grade Railroad Crossings, Contract with B &B Excavating, Change Order 002 (Jeff Schneider, Engineer 11) e. B &B Excavating Proposal for Nottingham Power Plant Stabilization Plan (Waterwheel) (Shane Pegram, Engineer 1) f. 3 -D Modeling for East Town Center District Plan (Eric Heidemann, Community Development Director) g. Vail Valley Foundation Agreement — 2008 Fleet Maintenance Services (Jenny Strehler, Public Works/Transportation Director) h. Vail Resorts Dial a Ride Agreement — 2008 Fleet Maintenance Services (Jenny Strehler, Public Works/Transportation Director) i. Eagle County Ambulance District Agreement — 2008 Fleet Maintenance Services (Jenny Strehler, Public Works/Transportation Director) j. Intergovernmental Agreement between Town of Avon & Beaver Creek Metro District (Jenny Strehler, Public Works/Transportation Director) (Per Charter Section 16.2 approval requires 2/3 of Council support) Agreement related to Transportation Services to be provided by Avon Transit on behalf of the Beaver Creek Metro District — Parking Lot Shuttle & Special Services November 2007 through October 2008 k. Agreement between Beaver Creek Resort Company and Town of Avon (Jenny Strehler, Public Works/Transportation Director) Third Party Agreement for Transportation Services to be provided by Avon Transit for BCRC November 2007 through October 2008 for Ski School Express There being no further business to come before the Council, the meeting was adjourned at 10:35 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting 07 -11 -13 Page 5 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineerl1YW Shane Pegram, Engineer II Date: November 19, 2007 Re: Victor Mark Donaldson Architects — Avon Recreation Center Remodel Proposal Summary: Victor Mark Donaldson Architects (VMDA) has provided a proposal (Exhibit A) for base mapping, architectural & engineering services and associated opportunities for the Town of Avon, Avon Recreation Center. VMDA's total base service fee is $73,200, and is not to be exceeded without prior written approval. Discussion: Continued growth of the Avon Recreation Center has created a need for more space for employee offices, storage and equipment maintenance. Town Council directed staff during the October 2, 2007 meeting to investigate options for the remodel that shall not hinder the planned Phase II Recreation Center expansion or the construction of the parking garage. Representatives from the Town of Avon's Engineering Department, Recreation Department and Town Council recently met with VMDA to discuss remodel options within the existing Avon Recreation Center. Specific opportunities discussed were remodeling the second floor in the existing lobby and constructing offices in the day care area. VMDA was asked to provide a proposal for base mapping, architectural & engineering services and review associated options or conflicts for this proposed remodel. The proposal (Exhibit A) VMDA submitted has two phases. The first is for base mapping and preliminary design. Following staff reviews and Town Council selection /approval of proposed options, authorization can be given to proceed with construction documentation and contract administration. The proposal will be presented to Town Council with cost estimates. If the proposal is accepted by Town Council, VMDA will then proceed with preparation of final design and construction documents. Financial Implications: VMDA's total base service fee is $73,200, and is not exceed this amount without prior written approval. The proposed Town of Avon 2008 Budget includes $660,000 for design and construction of the Avon Recreation Center remodel. Recommendation: Approve the VMDA proposal, subject technical corrections from John Dunn, for base mapping, architectural & engineering services with a fee not to exceed $73,200 without prior written approval. Also, authorization will be given for construction documents and contract administration following Town Council selection and approval of options presented to Town Council in January 2008. Proposed Motion: I move to approve VMDA's proposal, subject to technical corrections from John Dunn, for base mapping, architectural & engineering services and associated options with a fee not to exceed $73,200 without prior written approval. In addition, authorize VMDA to proceed with base mapping, design and associated opportunities services. Town Manager Comments: OWL NOTES: Exhibit A — Victor Mark Donaldson Architects 16140,posal, dated November 19, 2007 • Page 2 ARCHITECTS ON Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager Engineering Department Town of Avon Box 975 Avon, CO 81620 November 19, 2007 0048 E BEAVER CREEK BLVD SUITE 207 PO BOX 5300 AVON, CO 81620 970/949 -5200 FAX 949 -5205 WWW.VMDA.COM RE: Proposal for Base Mapping, Architectural & Engineering Services and Associated Opportunities for the Town of Avon, Avon Recreation Center Justin and Shane: As requested, Victor Mark Donaldson Architects ( "VMDA ") is providing to Town of Avon ( "Owner ") a proposal for Base Mapping, Architectural and Engineering Services and a review of Associated Opportunities and /or conflicts for proposed expansion of the Avon Recreation Center ( "ARC "). These services are based upon our understanding of the direction currently provided by you. We thank you for this opportunity. A. Project Objectives. The Project includes preparation of Design Documents for expansion of the Second Floor cardio area over the existing two story lobby (approximately 1,900 square feet) and the requisite two story exit stair (approximately 400 square feet) and the conversion of the child care office area to storage and /or filing (approximately 500 square feet). This target program is anticipated to alleviate non - complying Mechanical Room /Basement usage and improve overall function of staff operations. Additionally, a local General Contractor will provide market estimates for construction costs. B. VMDA Basic Architectural Services. The following Work Product shall be prepared for Staff review and approval prior to issuance for review and consideration by Town Council and Staff: 1. Base Maipoina: VMDA shall create and provide Main Level, Second Level and Roof Level plans of existing conditions and proposed considerations. This will include longitudinal and cross - sections through the volume depicting proposed design and existing conditions. All Base Mapping will be based upon the Fentress Bradburn documents dated December 22, 1994, and Monroe & Newell documents dated October 10, 1994, that were previously provided to VMDA by the Owner. Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager November 19, 2007 Page 2 2. Design Phase: VMDA and its Consultants shall create and provide: a. Floor plans, conversion plan for storage, longitudinal and cross sections, a stair plan and a demolition plan for the expansion and /or conversion of the space identified in the Project Objectives; b. Code review and exit strategies and diagrams; C. Requisite development data and construction estimates; e. Based on Owner input received, refine design concepts into a cohesive design solution, including exterior elevation studies and a cross - section through renovation and addition; f. Based upon owner selected scheme, or combination of schemes, VMDA will prepare plans and elevations for further owner approval; g. Prepare Design Review Applications and represent the Owner for the Design Review Process; and h. VMDA will manage and coordinate consultants as may be needed. 3. Associated Opportunities: VMDA and its Consultants shall provide a narrative for associated opportunities for the future expansion of the ARC as well as any potential conflicts. 4. Construction Documentation Phase: a. Assist Owner in selection of General Contractor with a negotiated approach based on pre- approved contractors; b. Based on the final design approved by the Owner and any adjustments necessary for DRB, VMDA shall coordinate the Consultants noted herein and prepare Construction Documents for building permit; and C. VMDA Construction Documentation shall be deemed complete upon issuance of a Building Permit, including any additions or corrections needed by the local governing Municipality, Building and /or Planning Departments. 5. Contract Administration: VMDA assumes construction duration of six (6) weeks and has set a fixed fee for Contract Administration accordingly. Should the construction duration exceed this time frame, VMDA reserves the right to request additional fees for Contract Administration, to be billed at its standard hourly rates. Please see attached Rate Sheet. C. Schedule of VMDA Basic Architectural Services. Upon approval of this Letter Agreement, these Basic Services shall be delivered and the Work Product described herein shall be completed as follows: Please see attached Preliminary Addition Schedule and Alternate Preliminary Additional Schedule. D. Basic Compensation for Basic Architectural Services. 1. VMDA shall provide Basic Architectural Services (plus reimbursements) as follows: Design Phase $23,700.00 Construction Documents $11,400.00 Contract Administration $ 6,800.00 TOTAL $ 41,900.00 Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager November 19, 2007 Page 3 2. Consultants' fees (plus reimbursements) are as follows: Monroe & Newell (Structural engineering) Design Phase $ 4,200.00 Construction Documents $ 2,840.00 Contract Administration $ 1,760.00 TOTAL $ 8,800.00 M -E Engineers, Inc. (MEP engineering) Design Phase $ 8,000.00 Construction Documents $ 3,500.00 Contract Administration $ 2,000.00* TOTAL $ 13,500.00 Shaner Life Safety (Fire protection, fire alarm and detection systems) Design Phase $ 3,500.00 Construction Documents $ 2,500.00 Contract Administration $ 500.00 TOTAL $ 6,500.00 R.A. Nelson (Construction) Design Phase - conceptual $ 2,500.00 TOTAL $ 2,500.00 TOTAL FEES - VMDA & Consultants $73,200.00 Fee Recap: Design Phase $41,900.00 Construction Documents $20,240.00 Contract Administration $11,060.00 (Attached hereto are the Consultants' individual agreements as they pertain to this project.) *estimated 3. Reimbursements are estimated to be approximately 7 -10% of the fixed fee, are in addition to the Basic Compensation noted herein and are to be invoiced as incurred without mark -up. Please see VMDA's enclosed 2007 Rate Sheet for reimbursement costs, as well as the reimbursement costs as noted for each of its Consultants. 4. This estimated fee is based on the proposed design elements as outlined in Section A, Scope Summary, above. Should the scope of the project be modified or changed, VMDA and its Consultants may adjust their fees accordingly. E. Other Considerations: 1. Unforeseen Conditions: This Agreement does not include services that may be necessary or required due to unforeseen conditions or changes in regulatory interpretations. Remodeling and /or rehabilitation of an existing building(s) require that certain assumptions be made regarding existing conditions. The Owner acknowledges and agrees hereto that exhaustive measurements of existing conditions are not being performed as a part of this Agreement. Further, the Owner will be expected to reveal any and all concealed conditions for inspection, especially as it relates to interior framing. Some of these assumptions may not be Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager November 19, 2007 Page 4 verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building(s). Under the Agreement hereto, VMDA, and consultants, will provide scope documents. These documents do not contemplate field verification of each and every existing condition by VMDA. Therefore, the Owner is advised that a contingency fund should be carried to cover any and all costs which may arise due to unforeseen conditions during design and construction. Additionally, the Owner agrees to, except for the sole negligence on the part of VMDA, indemnify and hold VMDA harmless from any claims, liability or costs arising or allegedly arising out of any unforeseen conditions. 2. Billing /Payment: VMDA will submit approved monthly invoices for percentage of completion by phases noted herein. The Owner agrees that all invoices shall be payable within thirty (30) days from the date of invoice. If any invoice is not paid within thirty (30) days, VMDA may, without waiving any claim or right against the Owner, and without liability whatsoever to the Owner suspend or terminate its performance of Basic and /or Additional Services. 3. Late Payments: Any account unpaid after thirty (30) days from the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid sixty (60) days from the invoice date, the Owner shall pay all costs of collection, including reasonable attorney fees and costs. 4. Insurance: VMDA shall maintain Commercial General Liability Insurance policies as well as Workers Compensation to cover employees and a $2MM Omissions and Errors Liability Insurance. 5. Limitation of Liability: Owner and VMDA recognize the risks, rewards and benefits of the project herein. The Owner agrees that, to the fullest extent permitted by law, VMDA's total liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the policy limits of its above stated insurance policies, or $2.0m. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty on the part of VMDA. 6. Attorney's Fees: In the event of any litigation arising from or related to any Services provided under this Agreement, the prevailing party shall be entitled to recovery of all reasonable costs incurred including: professional time, expert's costs, court costs, attorney's fees and related expenses. 7. Termination: Either party may terminate this Agreement, at any time, with or without cause, by giving seven days written notice to either party. Should Owner elect to terminate VMDA, Owner shall pay VMDA within fifteen (15) days of termination for all Services rendered and all costs incurred up to the date of termination, with Initial Payment being credited. 8. No design review applications or public hearings are contemplated in association with this Agreement. 9. Governing Law: The laws of the State of Colorado shall govern this Agreement. F. Additional Services Not Included in Basic Services. 1. Any items not specifically noted as VMDA Basic Architectural Services. 2. Revisions to documents after issuance to Staff for final Work Product. Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager November 19, 2007 Page 5 3. Value Engineering of completed documents. This Letter Agreement represents our meeting of the minds as of this date and supersedes previous discussions, representations and oral agreements, if any and is deemed a valid agreement between the parties by each party upon execution by each party. This Letter Agreement is valid for execution for thirty (30) calendar days from this date. VMD /Ihp Enc: VMDA 2007 Rate Sheet Schedule Monroe & Newell proposal M -E Engineers proposal Shaner Life Safety proposal R.A. Nelson proposal Respectfully Submitted, VICTOR MARK DONALDSON ARCHITECTS Mark Donaldson, Principal Approval of Letter Aareement I, the undersigned, have read and understand this Letter Agreement dated November 19, 2007, by and between The Town of Avon (the "Owner ") and Victor Mark Donaldson Architects ( "VMDA ") and the undersigned hereby authorizes VMDA to proceed with the phases of work enumerated above by VMDA upon execution of this endorsed Agreement. On behalf of the Town of Avon: Larry Brooks, Town Manager Date Justin Hildreth, P.E., Town Engineer Shane Pegram, Project Manager November 19, 2007 Page 6 Authorization to Proceed with Desian Phase Services I, the undersigned, have read and understand this Letter Agreement dated November 19, 2007, by and between The Town of Avon (the "Owner ") and Victor Mark Donaldson Architects ( "VMDA ") and the undersigned hereby authorizes VMDA to proceed with the phases of work enumerated above by VMDA upon execution of this endorsed Agreement. On behalf of the Town of Avon: Larry Brooks, Town Manager Date Authorization to Proceed with Construction Documentation and Contract Administration Services I, the undersigned, have read and understand this Letter Agreement dated November 19, 2007, by and between The Town of Avon (the "Owner ") and Victor Mark Donaldson Architects ( "VMDA ") and the undersigned hereby authorizes VMDA to proceed with the phases of work enumerated above by VMDA upon execution of this endorsed Agreement. On behalf of the Town of Avon: Larry Brooks, Town Manager Date ARCHITECTS 0H PROFESSIONAL FEE AND REIMBURSEMENT RATES FOR 2007 PROFESSIONAL TIME (per hour): Mark Donaldson, Principal ...................... ........................$170.00 $ 0.20 each Chris Juergens, Principal ................... ............................... $145.00 Project Manager ................................ ............................... $115.00 Project Architect ................................ ............................... $105.00 Project Coordinator .......................... ............................... $100.00 Production Coordinator ................... ............................... $ 90.00 CADD Technician / Designer ............. ............................... $ 80.00 Graphics /3d Modeling ..................... ............................... $ 80.00 Administrative ..................................... ............................... $ 70.00 REIMBURSEMENTS: 0048 E BEAVER CREEK BLVD SUITE 207, P.O. BOX 5300 AVON, CO 81620 970/949 5200 FAX 949 5205 WWW.VMDA.COM 8.5" x 11 " photocopies ....................... ............................... $ 0.20 each 8.5" x 11 " photographic color reproductions ................ $ 9.50 each 1 1" x 17" photographic color reproductions ................. $16.00 each 8.5" x 11 " photographic glossy film color copies.......... $12.00 each Long distance telephone charges ................. ............................... cost Federal Express, UPS, Express Mail delivery charges ................... cost U.S. Mail postage ............................................... ............................... cost Mileage.................................................. ............................... $ 0.485 /mile Reproductions - out of house ......................... ............................... cost 1 1" x 17" bond copy ............................ ............................... $ 0.75 each 24" x 36" bond copy ............................ ............................... $ 3.00 each 30" x 42" bond copy ............................ ............................... $ 4.50 each Travel and hotel ................................................. ............................... cost Preliminary Avon Recreation Center Addition Schedule: November 27, 2007 Council Meeting to approve Proposal November 28, 2007 Commence Design Work December 21, 2007 Provide Preliminary Design Work to Town; RANA to provide budget. January 22, 2008 Presentation of Design Work and Associated Opportunities to Town Council; Presentation of Preliminary Budget Council Authorize Continuance of work. January 31, 2008 Commence Construction Documents March 1, 2008 75 % Construction Documents; Project out to bed March 18, 2008 Receive Bids April 1, 2008 Review of Bids / Provide recommendation to Council April 8, 2008 Review of Bids with Town Council April 24, 2008 Selection of General Contractor May 15, 2008 Completion of Construction Documents May 29, 2008 Receive Construction Schedule from GC indicating critical path items. July 1, 2008 Receive Steel Shop Drawings July 31, 2008 Order Steel (this allows for 2 months) October 1, 2008 Commence Construction Monroe & Newell Engineers, Inc. r, An Agreement for the Provision of Limited Professional Services Modified from document prepared by the Coalition of American Structural Engineers Monroe & Newell Engineers, Inc. PO Box 1597 Avon CO 81620 Date: October 18, 2007 Project Name: Avon Aquatic Center Location: Avon, Colorado Client: Victor Mark Donaldson Architects, PC PO Box 5300 Avon, CO 81620 -5300 Scope of Services: We will provide schematic design to include sketches and a narrative for evaluation of the structural work for a mezzanine addition in the lobby area, a new exit stair and entry canopy, a possible second level over the north side single level space, and relocation and resizing of mechanical units. Fee Arrangement: We will provide the above - mentioned services for the lump sum fee of S8,800.00. Monroe & Newell Engineers, Inc. a% � Peter Monroe. P.E.1Princioal (printed nameltitle) Accepted by (Client): (signature) (printed name/title) (tor) The terms and conditions attached to this form are part of this agreement. (date) Monroe & Newell Engineers, Inc. Terms and Conditions Monroe & Newell Engineers, Inc. (Ivl &N) sha perform ;l-e services o- tlined in this agreement for the stated fee agreement. Structural Engineering Services Monroe & Newell Engineers, Inc. are structural eng nears w;th professional licenses and expertise in that discipline. Services provided under this contract are limited to normal services associated with this discrp'ine of engineering including design and/or observation of roof framing systems, floor framing systems, and foundations. Specifically excluded from services within this contract are services normally provided by others including Mechanical, Electrical, Civil anc So•ls Eng,neers, Architects. Landscape Architects; and Contractors. Examples of these services typically provigec oy others include design and/or observation of plumbing systems, heating systems, lighting and power systerrrs, Lt'lity se-v ces road and driveways, over site stability, roof and waterproofing, and exterior c: =ddino including windows. Access to Site Unless otherwise stated, M &N will have accass to the s,te for activities necessary for the performance of the services, M &N will take precautions to minimize damage cue to these activities, but has not included in the fee the cost of restoration of any result no car, age. Fee The total fee, except stated lump sum sIa l be Lnde-stood to be an estmate, based upon Scope of Services, and shall not be exceeded by more than :en percent, without written approval of the Client. Where the fee arrangement is to be on an hourly basis the rates sha'I oa those that prevail at the time services are rendered. Billings /Payments Invoices will be submitted monthly for services and reimbursable expenses and are due when rendered. Invoice shall be considered PAST UU= f not paia within 30 days after the invoice date and M &N may without waiving any claim or right against C en; and without liability wlatsoever to the Client, terminate the performance of the service. Retainers sna €I be credited on the final invoice. A service charge will be charged at 1.5% (or the legal rate) per mont-i on the unpaid balance In the event any portion or all of an account remains unpaid 90 days after billing, tl-e Client shall oay cost of collection, including reasonable attorney's fees. Reimbursable Expenses Actual out -of- pocket expenses incurred for reproductions. out of town travel expenses, long distance toll charges and the like will be billed at oir cost plus ten percent. Fees for additional services beyond those mentioned above will be cnarged at our standard hourly rates. Indemnifications The Client shall indemnify and hold harm ass M&N and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from the performance of the services, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act of omission, andior strict liability of the Client, anyone directly or indirectly employed by the Client (except M &N) or anyone for who's acts any of them may be liable. Hidden Conditions A structural condition is hidden if concealed by existing finishes, by existing exterior grade, and /or by snow or is not capable of investigation by reasonable visual observation. If M &N has reason to believe that such a condition may exist, the Client shall authorize and pay for all costs assoc ated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or correction after due notification, or (2) M &N has no reason to believe that such a condition exists, the Client is responsible for all risks associated with this condition, and M &N shall not be responsible for the existing condition no,- any resulting damages to persons or property. Monroe & Newell Engineers; Inc. Risk Allocation In reccgn:tion of the relative risks, rewards and benefits of the project to both the Client and M &N, the risks have Peen allocated so that the Client agrees that, to the fullest extert perm tted by law: M &N's total liability to ent, for any and all injuries, claims, losses, expenses, damages o" claim expenses arising out of this agreement, f, om any cause or causes, shall not exceed the total amount of $15,000, the amount of the fee (whichever is greater) or other amount agreed upon when added under special condit ons. Such causes include, but are not limited to M &N's negligence, errors, omissions. strict liability, breach of contract or breach of warranty. Termination of Services This agreement may be terminated upon 10 days written notice by ether parts shou;d the other fa] to Perform his obligat ons hereunder. In the event of termination, the Client shal. pay M &N for all services, rendered to the sate of termination, all reimbursable expenses, and reimoursab'e termination expenses. Ownership Documents All documents produced by M &N under this agreement shat remain the property of M &N and may not be used by this Client for any other endeavor without the written consent of M &N. Applicable Law Unless other ,se specified, this agreement shall be governed oy the ,aws of the State of Colorado. Page I of 1 Mark Donaldson From: Tim Carpenter [tarpenter @ranelson.com] Sent: Thursday, August 30, 2007 10:03 AM To: Mark Donaldson Cc: Travis Bossow; Mike Cuthbertson Subject: Avon Recreation Center Conceptual Estimate Mark - Per our discussion and review of your conceptual design for providing the Avon Recreation Center additional storage space, R.A. Nelson will supply you with a conceptual estimate for two options to provide additional storage space (approximately 1,500 SF) at the Avon Recreation for a lump sum cost of $2,500.00. Please let this e-mail serve as an agreement that we will perform this service for the agreed upon price once we have written and /or e-mail verification to start this process. Thanks, Tim Carpenter PO Box 1073, Frisco, CO 80443 970.409.9082: fax 720.294.9849 October 30. 2007 Mark Donaldson VMDA Avon, Colorado Re: Avon Recreation Center This proposal outlines the services to be pro%ided by Shaner Life Safet for the Avon Recreation Center. The scope of %cork Shaner Life Safet\ %ill participate in is as follo%ks: 1. Addition of square footage to the existin- Recreation Center including the expansion of the 2 "d floor area for Cardio Off ice. the addition of a ne%k exit stair. and the conversion of the Child Care program area to Stort-eiFiling 2. Development of a report to outline the effect of a possible future expansion of the Recreation Center on the fire protection and fire alarm systems Shaner Life Safety's services include: 1. Fire Protection Svstem Deign Specification - Shaner Life Safety will provide design services for the fire protection system based on the added converted square footage for the three areas described above. This sen ice will include a performance specification and design concept drawings. 2. Fire Alarm System Design Specification - Shaner Life Safety will provide design services for the fire alarm system based on the added converted square footage for the three areas described above. This includes development of a performance specification and design concept drawings. 3. Schematic Design Services - Shaner Life Safety \�ill develop a report to outline the requirements for fire protection and fire alarm assuming a future expansion of the Recreation Center. Fees associated with the above mentioned scope are: Item #1: Design services for added modified square footage in the 2"`' Floor Cardio, "Office, New Exit Stair and Child Care program. Schematic Design: $1000 Design Development: S1500 Construction Documents: S 1000 Construction Administration: $500 MIA M -E ENGINEERS, INC. MECHANICAL AND ELECTRICAL CONSULTING ENGINEERS PROPOSAL for MECHANICAL and ELECTRICAL ENGINEERING SERVICES DATE: October 19, 2007 CLIENT: Victor Mark Donaldson Architects ENGINEER: M -E Engineers, Inc. PROPOSAL DURATION: Valid for sixty (60) days from the date submitted PROJECT: Avon Rec Center Renovation DESCRIPTION: The Avon Rec Center is an existing facility originally constructed In 1992 located in Avon, Colorado. The lobby of the facility is a two story space which communicates directly with the child care center and the front desk In order to increase the space available for offices and cardiovascular workout areas, the lobby will be renovated to one level with a new floor will be added in the upper portion of this space. Additionally, the existing 1,000 SF child care center will be converted into a 500 SF child care space and 500 SF of storage space. It has also been suggested that an expansion to the facility could occur In the future. M -E Engineers has been requested to provide a proposal for mechanical electrical and plumbing engineering design and consulting services for this new space. We will also provide a report of the existing systems and the opportunity for future expansion. BASIS: Meeting on October 18, 2007 and preliminary designs. 245 CHAPEL PLACE. SUITE 200 DENVER P 0. BOX 5740. AVON. CO 80620 COLORADO SPRINGS TEL' (970) 949 -6000 LOS ANGELES FAX (970) 949 -1959 VAIL VALLEY LONDON www me- engineers.com NEW YORK SAN DIEGO KANSAS CITY M -E Engineers. Inc - Proposal — Avo- R�._ Center Renovatior - Page 2 o` PART I. BASIC SCOPE OF SERVICES INCLUDED The mechanical scope of work will Include calculating the heating and cooling loads for the entire structure. M -E will provide the design of the heating, cooling and ventilation system to serve the new floorspace. Plumbing system design will be provided as necessary to support the renovated areas. A fire protection system performance specification will be provided. The electrical design will include sizing of a new panel based on anticipated loads in the new space. Power distribution and lighting per NEC requirements will be provided. Specialty lighting design services are not included in this proposal. Specialty lighting systems design can be provided as an additional service if desired Design services for the fire alarm and smoke detection system will be provided. The scope also Includes a report on the existing MEP systems in the building. In this report we will discuss the condition of existing equipment as well as whether or not the existing services can support an expansion of the facility and how large that expansion can be. The scope of work includes all revisions necessary to coordinate the MEP systems with the architectural and structural plans and any revisions required from the plan check. Any revisions required by changes to the architectural or structural plans after the CD submission will constitute a change in scope and are subject to additional fees. The fee is based on the assumption that each floor layout will be nearly identical and stack on one another. Major departures from this assumption may constitute a requirement for additional fees. PART II. DESIGN PHASE Design the following mechanical systems: a. Heating, ventilating. and air conditioning. b. Interior plumbing. C. Fire sprinkler (performance specification). Design the following electrical systems: a. Building lighting systems. b. Power systems. C. Fire alarm /smoke detection systems. 3. Design Period (SD through CD) a. Confer with the Client other consultants and the Owner to define the nature and scope of the work of the project. b. Review record drawings of existing systems. C. Visit site to generally become familiar with existing conditions. d. Prepare preliminary sketches, establish design criteria, approximate space requirements, make tentative selections of mechanical and electrical systems. 245 CHAPEL PLACE. SUITE 200 DENVER P.O. BOX 5740. AVON, CO 80620 COLORADO SPRINGS TEL: (970) 949 -6000 LOS ANGELES FAX: (970) 949 -1959 VAIL VALLEY LONDON www me- engineers.com NEW YORK SAN DIEGO KANSAS CITY M -= = ncmeers Inc - Pr000sal — Avon Rec Center Renovation - Page 2' of ` e. Evaluate available utilities and systems information. Analyze site and utility data furnished by the Civil Engineer, Coordinate data with utility companies, the Client and other Consultants. f. Perform necessary code research to determine written code requirements for the installation. g. Confer with the Client and others to determine final design fundamentals. space and budget limitations. h. Prepare construction documents (working drawings and specifications) which establish diagrammatically and in principle the extent. quantity and quality of the work to be done and the equipment and materials required for the portion of the project designed by the Engineer. i. Assist the Client and other consultants in coordinating the work of the Engineer with other divisions of the design documents. j. Assist the Client in preparation and submission of drawings and documents for approval of agencies having jurisdiction over the project. k. Reply to formal code authority review comments, if any. I. Prepare energy code compliance statement for prescriptive envelope and systems PART III. BIDDING OR NEGOTIATION PHASE (BIN) Analyze requests for approval to bid equipment. Answer questions referred by the client. Assist in the preparation of addenda deemed necessary by the client. PART IV. SUBMITTAL / SHOP DRAWING REVIEW PHASE Review of shop drawings, coordination drawings, product data. samples. quality assurance and quality control Submittals. Informational submittals, and construction photographs. PART V. CONSTRUCTION ADMINISTRATION PHASE (C /A) Visit site periodically at appropriate stages during construction to observe progress of work and prepare observation site visit reports. Such observations, when they occur, will be scheduled to follow the weekly job meeting. Site visits must be specifically requested by Client at least a week in advance. It is anticipated there may be up to 6 (six) site visits. 2. Conduct a final observation in addition to routine site observations and prepare a final punch list of items requiring completion or correction. The punch list site visit will occur after M -E Engineers. Inc. receives the General Contractors punch list and balancing reports. Visit site when necessary to resolve construction clarifications directly attributable to the design. This may coincide with a routine site observation. 4. Furnish interpretation of the construction documents when requested by the 245 CHAPEL PLACE. SUITE 200 DENVER P.O. BOX 5740, AVON. CO 80620 COLORADO SPRINGS TEL: (970) 949 -6000 LOS ANGELES FAX: (970) 949 -1959 VAIL VALLEY LONDON www me- engineers.com NEW YORK SAN DIEGO KANSAS CITY P.' E c ng neers Inc - Proposa — Avon Rec Center Renovation - 0age 4 of 7 client to document resolution of construction and interference conflicts Assist in reviewing change orders. Review of O &M Manuals. Review of contractor prepared "field set- record drawings showing significant changes made during construction. SERVICES EXPRESSLY EXCLUDED or subject to Additional Services compensation Include but are not limited to: • Analysis or design of site utilities beyond 5' of the building. • Site utility survey or mapping. • Detailed survey or mapping of existing conditions in or around the building. • Planning or design for future expansions. • Acoustical consulting work and calculations. • Determination of projected energy costs. either of the base system or for comparison of various systems. Life cycle cost analysis financial feasibility or other related reports. • Multiple designs to accommodate bid alternates • Preparation of documents for multiple bid or permit packages. • Redesign if bids come in over budget other than where required as a direct result of negligent design solely attributed to M -E Engineers. s Design of generator equipment, fuel systems or diesel exhaust pipe for generator. • Detailed construction cost estimating [beyond square foot costing and review of cost consultant opinion of probable construction cost]. s Participation in formal value engineering (VE) meetings and/or redesigns. • Preparation of CAD record drawings. • Verification of contractors work and conditions of work installed by the contractor in connection with review of "field set" record drawings. • Commissioning of mechanical or electrical systems or coordination with a commissioning agent. • Design for or certification of LEED or other sustainability programs, including coordination with certified sustainability consultants. • Analysis of and documentation for energy code compliance for other than prescriptive building envelope and systems. • Using CADD standards or layering strategy other than M -E Engineers. Inc. in -house standards. • Post occupancy evaluations and warranty troubleshooting assistance. • Transfer of electronic files for use by parties other than the Architect. Owner and design team consultants. • Formal "Partnering" sessions. e Meetings outside the Avon - Vail Valley area. DESIGN CHANGES • Minor design changes will be absorbed as a normal part of the design process Significant and multiple changes, including all changes after submission of documents, will constitute a change of scope. If the scope of work should change materially from that listed above, we will notify Client of the additional services required and provide an 245 CHAPEL PLACE. SUITE 200 DENVER P.O BOX 5740, AVON, CO 80620 COLORADO SPRINGS TEL (970) 949-6000 LOS ANGELES FAX (970) 949 -1959 VAIL VALLEY LONDON www.me- engineers.com NEW YORK SAN DIEGO KANSAS CITY NI -E Engineers Inc - Proposal — Avc-i Rec Center Renovation - Page 5 of 7 estimate of their additional cost. Upon Client approval. the services will be provided and billed at our standard hourly rates. Other services. including additional site visits. will be billed at our standard hourly rates. 2007 M -E ENGINEERS RAW HOURLY RATES Principal S 180 00 Sr. Associate S 145.00 Associate S 130.00 Project Manager S 115.00 Project Engineer S 100.00 Designer S 85.00 Cad Operator S 75.00 Admin Staff S 65.00 TIME SCHEDULE AND CONTINUITY • Fees are based on the assumption the project will run without Interruption. Protracted delays beyond the Engineer's control of longer than 90 days, during design or construction entitle him to negotiate an equitable adjustment in compensation for termination or startup expenses. • Fees are based on design services being completed within 6 months of project kickoff and construction within 18 months of project kickoff. Delays beyond the schedule entitle the Engineer to negotiate an equitable adjustment in compensation. FEE FOR SERVICES • BASIC DESIGN SERVICES will be performed for the lump sum fee of $ 8,000 as broken down below. Construction Administration will be performed on a time and material basis to an estimated topset of 52.000. In addition, reimbursable expenses will be billed accordingly above and beyond the BASIC DESIGN SERVICE fee. • FEE BREAKDOWN SCHEMATIC DESIGN (SD) $2,000 DESIGN DEVELOPMENT (DD) $2.500 CONSTRUCTION DOCUMENTS (CD) $3,500 CONSTRUCTION ADMINISTRATION (CA)(T /M Est.) 52,000 DUE DILLIGENCE REPORT $3,500 TOTAL $13,500 CONSTRUCTION ADMINISTRATION SERVICES AND SITE VISITS will be performed on a time and material basis. 245 CHAPEL PLACE, SUITE 200 DENVER P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS TEL: (970) 949 -6000 LOS ANGELES FAX: (970) 949 -1959 VAIL VALLEY LONDON www.me- engineers.com NEW YORK SAN DIEGO KANSAS CITY %4 E Engineers Inc - Proposal — Avon Rec Center Renovation - Page 6 of 7 • CADD RECORD DRAWINGS ( "as- built') show significant field changes to construction documents by transferring contractor red -line markups of mechanical and electrical documents to construction documents CADD RECORD DRAWINGS preparation may be performed for an additional fee. At the end of the project, M -E Engineers Inc. can provide the client a fee proposal to develop CADD record drawings showing significant field changes to construction documents, as prepared by the contractor In the form of a "marked -up" field set. • OPTIONAL START -UP PROCEDURES: M -E Engineers, Inc. will provide as an add service extended start-up assistance and post - startup modified commissioning to the owner for Construction Contract requirements pertaining to contractor start-up. Work will involve observance and monitoring of contractor training of owner representative and preparation of training documents, and presence during demonstrations of system(s) operation after startup procedures are complete. • Reimbursable expenses such as, travel expense, delivery, reproduction costs other than routine design team coordination, and long distance phone calls shall be billed at their actual cost of Engineer, plus 10 %. • Client shall provide Engineer with all architectural backgrounds. computerized in format for use in AutoCAD 2005. If computer files are not provided, Engineer will CADD draw architectural backgrounds on an hourly basis and charge client in addition to basic services above. • Client will provide Engineer, before site visits to observe existing systems, all available accurate record drawings of existing systems; air and water balance reports; equipment O & M manuals. existing as -built structural and architectural drawings. INVOICING • All payments shall have the M -E Project Number attached to them, and should be mailed to M -E Engineers, Inc., 10055 W. 43`d. Ave., Wheat Ridge, CO 80033, Attn: Accounts Receivables. SUBMITTED BY M -E ENGINEERS, INC. MICHAEL P. DAY, PE (the Engineer) ACCEPTED FOR VMDA (the client) print name: by: date signature: date 245 CHAPEL PLACE, SUITE 200 DENVER P.O. BOX 5740. AVON, CO 80620 COLORADO SPRINGS TEL: (970) 949 -6000 LOS ANGELES FAX: (970) 949 -1959 VAIL VALLEY LONDON www me- engineers.com NEW YORK SAN DIEGO KANSAS CITY WE Engineers Inc - Proposal — Avon Rec Center Renovation - Page 7 of 7 M -E ENGINEER'S TERMS AND CONDITIONS The fohow;ng Terms and Conditions and the initials required below are a part of this Agreement WE Engineers. Inc shall perform the services out: ned in this agreement for the stated fee arrangement Access To Site Unless omerwise stated, M -E Engineers will have access to the site for activities necessary for the performance of the services WE Engineers will take precautions to minimize damage due to these activities but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post - construction between the Client and M -E Engineers shall be submitted to non - binding mediation. Client and WE Engineers agree to include a similar mediation agreement with all contractors subcontractors, subconsultants, suppliers and fabricators, thereby provid;ng for mediation as the primary method for dispute resolution between all parties. Billing /Payments Invoices for M -E Engineer's services shall be submitted, at WE Engineers option either upon completion of such services or on a monthly basis Invoices shall be payable within 30 days after the invoice date if the invoice is not paid within 60 days, M -E Engineers may without waiving any claim or right against the Client, and without liability whatsoever to the Client terminate the performance of the service. Late Payments* Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1 5% (or the legal rate) on the then unpaid balance In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless M -E Engineers his or her officers directors. employees. agents and subconsultants from and against all damage liability and cost. including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of M -E Engineers Certifications. Guarantees and Warranties M -E Engineers shall not be required to execute any document that would result in its certifying guaranteeing or warranting the existence of conditions whose existence M -E Engineers cannot ascertain Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and M -E Engineers the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law M -E Engineer's total liability to the Client for any and all injuries. claims, losses, expenses. damages or claim expenses arising out of this agreement from any cause or causes shal. not exceed 55 0.000 Such causes include, but are not limited to. M -E Engineer's negligence, errors, omissions. strict liability. breach of contract or breach of warranty. Verification of Existing Conditions Clause. Inasmuch as the remodeling and /or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building, (the Client) agrees that, except for the sole negligence on the part of WE Engineers, Inc., (the Client) agrees to indemnify and hold M -E Engineers, Inc harmless from any claims, liability or cost (including the costs of defense) arising or allegedly arising out of the professional services provided under this agreement. Termination of Services: This agreement may be terminated by the Client or M -E Engineers should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay M -E Engineers for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Documents All documents produced by M -E Engineers under this agreement shall remain the property of M -E Engineers and may not be used by the Client for any other endeavor without the written consent of M -E Engineers 245 CHAPEL PLACE, SUITE 200 DENVER P.O. BOX 5740, AVON, CO 80620 COLORADO SPRINGS TEL: (970) 949 -6000 LOS ANGELES FAX: (970) 949 -1959 VAIL VALLEY LONDON www.me- engineers.com NEW YORK SAN DIEGO KANSAS CITY TOWN OF AVON RESOLUTION NO. 07-42 Series of 2007 A RESOLUTION APPROVING THE TOWN OF AVON DOWNPAYMENT ASSISTANCE PROGRAM WHEREAS, the Town of Avon Down Payment Assistance program is established to attract and retain Town employees and to encourage home ownership in or within a seven -mile radius of the Town; and WHEREAS, the program will provide a second mortgage loan to certain employees in order to purchase new and existing single family homes, duplexes, condominiums or town homes in a way that reduces the costs associated with a first mortgage, provided those employees reside in the home as their primary residence. Avon: NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 1. The Town of Avon Down Payment Assistance ( "DPA ") program is approved. 2. The Town Manager is authorized to establish guidelines for the DPA program and to make loans to qualified employees of the Town consistent with those guidelines and the funds appropriated by the Town Council for implementation of the program. PASSED AND ADOPTED the 27`h day of November, 2007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer Shane Pegram, Engineer II Date: November 16, 2007 Re: Proposed Budgetary Changes to 2007 Capital Improvement Projects Summary: Increased expenditures for 2007 include $75,000 for the Municipal Building Expansion project, $145,000 for the Avon Whitewater Park, and $155,000 for the 2007 Wildridge Traffic Calming & Pedestrian Circulation project. Decreased expenditures for 2007 include $333,000 from the Eagle River Recreation Access Enhancement project and $155,000 from the 2007 Street Improvements project. The net result of these proposed budgetary changes is a decrease of $110,000 in the Ending Fund Balance. If approved, these changes will be reflected in the Capital Projects Fund final revised budget to be adopted on December 11. Discussion: Municipal Building Expansion: The current budget for the Municipal Building Expansion is $500,000. Council approved a request for additional funds during the September 11, 2007 meeting based on a project budget as follows: Construction $ 460,100 Project Design 62,000 Contract Administration 5,000 Project Administration 4,000 IT Equipment/Improvements 22,000 Existing Building Improvements 22,000 Total Recommended Project Budget $ 575,000 Wildridge Traffic Calming & Pedestrian Circulation: The current Project Budget for the Wildridge Traffic Calming & Pedestrian Circulation is $ 290,000. Council approved Change Order 002, which restructured the list of roads to be completed in 2007, during the May 22, 2007 meeting. The proposed project budget is shown below: Saddlendge Loop & Beartrap Road Construction $ 420,000 Design 20,000 Project Administration 5,000 Total Recommended Project Budget $ 445,000 2007 Street Improvements: The current Project Budget for the 2007 Street Improvements is $410,000. Council approved Change Order 002, which restructured the list of roads to be completed in 2007, during the May 22, 2007 meeting. The proposed project budget is shown below: West Beaver Creek Boulevard, Long Spur & Fox Lane Construction $ 245,000 Design 9,000 Project Administration 1,000 Total Recommended Project Budget $ 255,000 Avon Whitewater Park: The 2007 Capital Projects Budget did not include funds for Year Two Whitewater Park Improvements. Council approved Avon Whitewater Park Year Two Improvements during the June 12, 2007 meeting. Additional work required to be completed includes construction of a fence and legal fees required to complete the agreement between Beaver Creek and the Town of Avon. The proposed project budget is shown below: Construction $ 80,000 Fence 50,000 Project Admin 11,000 Contingencies 4,000 Total Recommended Project Budget $145,000 Eagle River Recreation Access Enhancement project: The current Project Budget for the Eagle River Enhancement Project is $350,000. Preliminary cost estimates to complete this project were presented to Town Council during the May 22, 2007 meeting. Due to the extreme difficulty and financial burden required to complete this project, Staff was directed to investigate alternate options for improved access. Staffs investigation revealed that in order to remain in compliance with flood plain regulations, imported fill would not be allowed to build a walkway along the full length of the anticipated project boundaries. However, minor boulder adjustment work was completed on the east side of the existing viewing area during the Whitewater Park Year 2 Improvements. This additional work slightly increases safe viewing opportunities in a natural setting without use of imported fill and fully complies with floodplain regulations. The proposed project budget of $17,000 includes funds paid to Marcin Engineering during the preliminary design phase. Financial Implications: The net result of the proposed amendment is a decrease of $110,000 in the 2007 Town of Avon Capital Projects Fund Budget from $9,471,501 to $9,361,501. Recommendation: Staff recommends Council approve the above budgetary changes and direct staff to incorporate these changes in the final revised 2007 Town of Avon Capital Projects Fund Budget. 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CD N N =' CD 6 c) CD m 0 'O M O m y "O C) CD O. m 7 w v N 0 O CD < CD O 3 m n m = c j CD O cc rn (n CD = w 6 -O O O 7 (5 <0 w n• 7 C7 n Cl n m O = 0 w m Co w G) � f/i y w = w a F ._. (O c Cn c. w 3 c cp a �' � (D '0 6 a ° m `n CD °-' m cn Cl) 0 m� a a m 3 0 � c Cl) CD CY w M o- 0 m m x m 3 a ° 3 m o CD 0 Cl) m O O w w a -_. Cn O cn w = y n ° c 0 CD m w 7 7 m '0 cc vw, CE) o = c = c m 6 p cn w ° �, o rn �+ c = 3 m p 0 CD 6 0 m a m c° 0 a m Cl) s 3 S m CL - 0 0 ' ° m ° 3 0 0 ? O N m n 7 0 m =� n O � �- c = w' w 3 w = 0 3 m p m m =• O a y 3• - ccn m - c o CD 0_ Z cn o ° _ ai O CD - m o j m w lA Cf W C y 7 CQ w 7 co N n w <D O 0 fJC cn u N 0 rt I CD 0 O u c CD 0 O N y w V O 0z = r mmC C) cm 0 X m G) D z D Oyo z r Z r C C/) C/) C >>G) m z m D ._.arm 0 zD n r 0 --j Z0 Vl To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineerf *9 Jeffrey Schneider, P.E., Engineer II Date: November 19, 2007 Re: Lake Street Project Update Summary This memorandum is to provide Town Council with an update on the progress of the design of the Lake Street project, which is part of the Town Center West Investment Plan. Design Workshop has been retained so that the design will maintain the integrity of the Town Center West Investment Plan. The Lake Street project consists of construction of a new road from West Beaver Creek Boulevard on the north, to the Riverfront Lane railroad crossing on the south. The general alignment of the new roadway will utilize existing Benchmark Road near the Sheraton Mountain Vista, realign the intersection with the Falcon Point condominium entrance, and proceed south and west along the existing Recreation Center parking lot, through the beach volleyball court at the east end of Nottingham Park, and through the existing Municipal Building parking lot to Riverfront Lane. A brief PowerPoint presentation will be shown to illustrate the project layout and selected design elements. Chronology • June 2007: The Town Center West Investment Plan is adopted by P&Z • July 10, 2007: Conceptual Plans presented to Town Council for initial design input • July 17th and 31St, 2007: Town Center West Design Guidelines are presented to P &Z • August 7th, 2007: Avon Urban Renewal Plan is presented to P&Z • August 14, 2007: The Town Center West Investment Plan and Avon Urban Renewal Plan is adopted by the Town Council • September 11, 2007: First Lake Street design work session with Town Council • September 25, 2007: Lake Street design work session with Town Council to discuss parking layout • October 2007: Meet with Eagle River Fire & Protection District (ERFPD), Eagle River Water and Sanitation District (ERWSD), and Town Departments including Recreation, Community Development, Public Works and Transportation • November 6, 2007: Presented Lake Street design to Planning and Zoning Commission Previous Town Council Action Staff presented concepts for Lake Street, contained in the Town Center West Investment Plan, to Town Council at the July 10, 2007 work session to obtain initial steering on the key design goals. At the preliminary design level, Staff held two work sessions and a site tour for with Town Council on September 11th and 25th. At the work sessions, Staff received direction to eliminate parking along the west side of Lake Street due to concerns that the parking will obstruct views of the Nottingham Park and Buck Creek, and to demolish and revegetate the shared Library/Park/Recreation Center Parking (north of the Municipal Building and south of the Recreation Center Entrance). The changes will result in the elimination of 37 parking spaces in the Town Center West plan that will be added to the proposed parking garage. Town Council also directed Staff to include the installation of an improved pedestrian crossing on West Beaver Creek Boulevard to the north. Inter - Department Cooperation Engineering staff is engaging ERWSD and ERFPD during the preliminary phase of the project design. Their input is necessary for determining fire hydrant locations and for the rerouting of the water and sanitary sewer lines in the area. Input was also sought from other Town of Avon departments including Community Development, Public Works, Transportation, Recreation, and the Planning and Zoning Commission. The Transportation Department has requested a north bound bus pull -out on Lake Street between Main Street and the Recreation Center. The Recreation Center staff provided valuable input to the design of the project. The input includes moving the parking lot away from the east side of the building, realigning the sidewalk away from snow build -up areas, improving the north recreation center entrance to be ADA compatible, and including power outlets for special events. Feedback received from the Planning and Zoning Commission was generally positive. Areas highlighted for improvement included the recreation center entrance and the Lake Street/Main Street Intersection and the entrance to Nottingham Park. As described in more detail below, those items are outside of the scope of the Lake Street construction. Other topics discussed with Planning and Zoning include the extent of snowmelted areas and stormwater quality measures. Discussion General Layout A preliminary plan view of the project is attached as Exhibit A to this memorandum. The goal of the project is to construct a pedestrian and transit - oriented street providing circulation around the western perimeter of the Avon Town Center West district. The design is following the direction outlined in the Town Denver West Design Guidelines and Investment Plan. The primary layout for Lake Street is to provide two -way vehicular traffic, 45- degree angle parking on the east side of the street, and a minimum of a six -foot wide sidewalk, with a four -foot wide buffer strip for trees, landscaping, and snow storage. Town Council directed Staff to minimize the impacts to Buck Creek and Nottingham Park by eliminating parking on the west side of Lake Street. The roadway section for the portions of the project with angle parking were researched by the design consultants and town staff, resulting in a horizontal section of 16 -feet for parking (not including the 2- foot curb and gutter) and 12 -foot travel lanes. A preliminary cross section is included as Exhibit B. Other design elements include delineated transit stops, banding and scoring in concrete areas, raised crosswalks, and a raised plaza at the western terminus of the future Main Street. The snow storage plan is included as Exhibit C. The landscaping is designed to accommodate snow storage along Lake Street in the tree lawns. Some snow will have to be hauled off in the areas with out tree lawns. Simage and Wayfinding A draft of the Lake Street Signage Schematic Design Package is attached as Exhibit D to this memorandum. This draft document details the various signs proposed for the project including monument signs for the Town Center West District and Nottingham Park, as well as lighting, transit, and vehicular signage. The Lake Street signage is in general conformance with the Avon West Town Center District Investment Plan. The proposed locations of the signs are included as Exhibit E. • Page 2 Recreation Center. • The Town Center West plans for Lake Street portray a circular drop -off area in front of the Recreation Center. Staff feels that construction of the drop -off area should be concurrent with Main Street construction, so that the design and construction of the drop -off area can be completed after the Phase II Recreation Center Master Plan is updated in 2008. This will ensure that the future needs of the Recreation Center are met, and that the desired drop -off area configuration is designed to account for the Phase II Improvements to the Recreation Center, encouraging a seamless interface between the Recreation Center and the turnaround. Lake Street — Main Street Plaza: One of the more interesting design elements of this project is the Lake Street — Main Street intersection. It is being designed as a plaza or gateway connecting Main Street to Harry A. Nottingham Park. Lake Street will be raised 4 inches so that it is at -grade with the pedestrian facilities, resulting in an elevated speed table for vehicular traffic calming, as well as a seamless connection for pedestrians between Main Street and the Park. Hardscape design elements will include colored concrete, pavers, trees and bollards. It is being designed in a similar theme to the recently completed Avon Station project. It is anticipated that at least a portion of this intersection will contain snowmelt system infrastructure. Staff is currently working with a consultant team on a snowmelt master plan to identify areas in which snowmelt should be installed. Results of the snowmelt master plan will be shared with Council and implemented once they become available. The portion of the plaza west of the sidewalk will not be constructed as part of the Lake Street but instead in 2009 as part of the Main Street project. This is because TOA is undertaking a master plan for Harry A. Nottingham Park. The plaza design will then be coordinated with the master plan so that the design elements will be fully cohesive. Town Manager Comments: Exhibit A — Plan—View Exhibit B — Road Cross Sections Exhibit C — Snow Storage Plan Exhibit D — Signage Schematic Design Exhibit E — Proposed Signage Location Plan • Page 3 Avon West Town Center District Plan Illustrative A vcn in TFR w Im October 31, 2007 CD CD O CD r--' CD A 0 (7 CD 9 w UZZAPAO, 0 �j — i to rl w C) n CD CD I CD CD CD f CD CD > tz a f C) 0 IV 11 7:(11! CD FD .......... (D dKe reel Ar 0 <0' I -V 64' CD CL CD 40/' CD CD -Ck o / / CD -- CD CD / / / i / 'r // / ' I CD P C10 D O. CD sv C) V) pp O . �.° i1FiOf7ffi11yl1Riblii r.-'r .�.- �� swieani.i��sri: RENO MIA +A°� .•1+ 49F�yoe'� ^`.l �. weol��P.aaiF.i.- • IIA �iF +� VKf "'' a ,�,�..��� , '.rw�,�� . , •4'�6 f'� J ar r F n A M m CD CD rf M V CD CD CD I'd CD W 0 Buck Creek Lake Street - Section A -A' TOWN WEST V OTJ 0�:A Planting Area Sidewalk Drive Lane and Curb & Gutter Drive Lane Drive Lane and Curb & Gutter Planting Area Sidewalk Z(c October 31, 2007 um R : Transit Stop and Sidewalk Lake Street - Section C -C' A TOWN CENTE0. WEST V n Bus Pull Off and Curb & Gutter Drive Lane Drive Lane and Curb & Gutter Planting Area Sidewalk 4I6 October 31. 2007 f. a♦� 1 e ARV owl � n �4 ( 1. r ♦i. }`F; by �� fin/ '3j" .y r y ,.. �►. �. n4 ) 7 30 h 4 x + , •t � r a� „s tea. r� _a a``, ak Snow Storage . ll�. a f' �4 i / Lake Street - Snow Storage Areas f /��,, /� TOWN CENTER WEST l vn I T � go -IMPMEF� t Lake- Street h,. D. 0 1 l l4 } 1 r AVON LAKE STREET TOWN OF AVON, COLORADO ') .'tom , LAKE r. t STREET,SIC AGE SCHEMATIC DESIGN PACKAGE OCTOBER 31, 2007 ISSUED FOR REVIEW DESIGNWORKSHOP ELEVATION: Secondary Identification Sign SCALE: 1 =1' -0 Secondary Identification , TUWN C,(CN ER WEST F , vl c== i J Municipal Complex Sign TOWN CENTER WEST /-,vn-n ELEVATION: Municipal Complex Sign SCALE: 1/2 " =1' -0" 9' -61 /2" 6' -0" r: +T rq l L ELEVATION: Primary Vehicular Directional SCALE: 1 " =1' -0" Primary Vehicular Directional hA TOWN CENTER WEST n _.w ELEVATION: Secondary Vehicular Directional - Alternate Metal Base SCALE: 1 1"=V-0" Secondary Vehicular Directional NTOWN C[N1 FR WESt J 10' -9` I � I I IJ / $ l: $ l C ELEVATION: Regulatory-STOP Sign ELEVATION: Regulatory- Pedestrian Crossing ELEVATION: Regulatory-STOP Sign with Street I.D. SCALE: 3/4 ° =1' -0" SCALE: 1'4 " =1' -0" SCALE: 3/4 " =1' -0" Vehicular Regulatory and Street Identification - TOWN CENTER w /vn-n r 4 p ELEVATION: Transit Sign on Light Post SIDE ELEVATION: Transit Sign on Light Post Scale: 1/2 " =1' -0" Scale: 1/2 " =1' -0" Transit Sign TOWN CENTER WiST , vn-n ig...O [�Z-a Ito i O DETAIL ELEVATION: Town Bus Stop NTS A W C n a n D < ° O rD 14 O x c • o y ca W *oe 5?S U4) ttitiw l rx4s=.,�- @ O n v � O D ro nn0 m 1 In O 7D RF C n a n D < ° O rD 14 O x *oe 5?S U4) ttitiw l rx4s=.,�- @ O n v � O D ro nn0 m 1 In O 7D RF Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Director Administrative Services Date: November 19, 2007 Re: Holiday Lighting Contest Summary: For the past eight years, Town Council has held a Holiday Lighting Contest encouraging Avon businesses and residents to decorate for the holidays. Background: The Town of Avon turns on its holiday lights the week of Thanksgiving. Council came up with the idea to encourage our residents and businesses to turn on their lights as well to promote holiday spirit and make Avon a more inviting, festive town. Last year, Council decided to push the judging back to the week before Christmas in order to allow more time for decorations. The council boards a bus and rides around Avon to enjoy the holiday lighting and choose winners in various categories as follows: Commercial, Avon Core, Wildridge/Wildwood /Mt. Star, Best Animation, Best Multi- Media, Artistic Merit. The winners last year received a plaque and gift certificate to a local Avon restaurant. Gift certificates for the following were presented during a regular Council meeting, first place $75, second place $50 and third place $25. Last year Planning and Zoning Commission members were invited to assist with the judging. The contest has been promoted in the past through ads in the newspaper and a news release to Avon's A -mail list. Discussion: The decision is whether or not to continue this holiday lighting contest in light of the following information surrounding this promotion: • There have not been consistently new holiday decorations in either the residential or commercial cores areas of Avon; typically the same people participate every year. • There was not a great deal of council or planning & zoning participation last year. If Council should continue the contest, it will be necessary to set the date for the judging — a December calendar is attached for your perusal. Alternatives: • Discontinue contest • Identify avenues for increasing community participation • Encourage commitment from Council & P&Z members to participate in judging • Transition judging to include combination of council, P &Z and staff or to staff only • Include a town wide award for "The Over - the -Top" display to recognize "excess" Financial Implications: The estimated costs in the past have included $100 for frames, $1200 for gift certificates and $400 for ads. Town Manager Comments: C�v I 4::=w, J U 0 0 �a O J V Z O LL a 0 Z 3: O H N 09 O IL W LO N F N N V W a CL N 19 0 V W — Z W off. 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C @ 0) v 0 pa n 02 0 ca U Q 75 c c o0 0 O Ir (1) (1) j on O a co m (L "a O N 7 a) a c 0 d \� L� o ■ z� O2 � ■ v w 2 � 0c 77 k0 -2 \� (D k20 g� §k k- § E\%§ 0 ccm ©k Ohm k� 2 a) CL mEa =c ° 0 k o 7 2 0 § )< E k 0 \ Ow c eee e � o■ee_ /I $ eof > =- �k/ a) c 2 + 2� ) e 00 §� E �t 0 2§ a� 2� @ :2a �- 2 I E.` 2 )� E 0 a 02 coca £nk 0 co >q8 c c e_£ k E b 0 2 e/ B o A ®�_�� a- t o �■ �'a} t5 § \D a2 �7-" Ake CL 4) 20/ : > 2Z % § %E§ %�R '2 e ` a) 3y t§§ � 0o0 0 kMkmkk (kk \� kit e ?E E8@ U 2 o _ ( &)§ 0 2 ■Iw § § E (D\ CL 2§. ? B k 7 X111 2 2 o 0 cac 2 . &J /� co f tE =C § k k�8L 2 k . 00 oC CL _ tcƒ @ ) o000 0 .�ƒ2 2 0 \CL5$ k C-) Ieao 0 2 � a Q Q k a I 2 � 0 2 § tm e w c \ 0 k FINANCIAL MATTERS November 20, 2007 1. YTD Building Revenue Report Actual vs Budget - October 2007 2. Detail - Real Estate Transfer Taxes - October 2007 3. Accomodations Tax Worksheet Actual vs Budget - September 2007 4. Sales Tax Worksheet Actual vs Budget - September 2007 •� � Q f�l r o 01 r•1 l� N N N F GC N wOwaNOr� f+l f+l m m m O O m m m m w w uminr-wNm Cm! LL 1Wn uLni to U Ol{ J l� d� r•I l0 N r•I l0 w l0 ID .% as T- �j 1_„j r•I V� f•1 1I1 V' r- w HN In ri O m w O O Q` 4 O 1'1 ri r ri 1 O O O 0 N W W N W NImNMM W to w i1 f"! V!mri V1 1! V� - Q W N W m w N W M m M - n M-1oNm ro OW Ea aon m rn O M M M N H H 1` 1` r- C14 N N V W V M W m 00 v 1n w N r•1 1n In 171 - yl r-I O N V' U1 O o 0 0 0 0 0 o a In W 0 0 0 0 0 0 0 O p o H N W N U W w F a a O M a o zw N O a N L Aw t`ri ri m 1n o en en m Qtn - OED cgmmmmow w w w aH r`0;r Ui V*171171 Ln n Oa,' r-I W W Nmm mr,cq p w U, �+ N M W O ri ri r•I s N a V'r•IwOwriw w w E�S1 v ri ri r� r1 M R W •rt a a.l q 0 O E 0000000 0 0 u0000000 0 0 ro q 0000000 O o 04 0000000 0 0 ro om1nuio1noo 00 00 O(n V1 r v m C4 N N W >a ro a ro o w I W ri II F I W 7, U I C7 I EEHCn >w H W w oo 0u40> 0 O Q •• GO�Sab DE E x21�Uj••I 0 C'.II > w N rm•1 HT kfi Ua w ZN I W Dw,02 pga2avl Caw E 'jF. fn I a W x 0 F E �Wx7 z O I Z W � � I A rH•I rH•I E2PH+ L1 a o ZpE 7 a W W F � W O � 1Cw1� `y F2 .]U NoN0N0N0N0N01F1� E a9F Oai8 a a NnLnE uwia 1i1LnLnn E E Town of Avon Real Estate Transfer Tax Calendar Year 2007 Purchaser Name Property Sep-07 Savvy Traverier Christie Lodge Timeshare 1 st American Heritage Falcon Pointe 0203 -31 1 st American Heritage Falcon Pointe 0208 -27 1st American Heritage Falcon Pointe 0212 -52 1 st American Heritage Falcon Pointe 0213 -36 1 st American Heritage Falcon Pointe 0312 -22 1st American Heritage Falcon Pointe 0313 -17 Holiday Falcon Pointe 0400 -33 Savvy Traverier Falcon Pointe 0402 -31 1 st American Heritage Falcon Pointe 0404 -6 Title Comp Rockies Mtn. Vista 38 -07 Title Comp Rockies Mtn. Vista 39 -07 Title Comp Rockies Mtn. Vista 40 -07 Title Comp Rockies Mtn. Vista 41 -07 Title Comp Rockies Mtn. Vista 42 -07 1stAmerican Heritage Mtn. Vista 1422 & 1424 -15 Jra Services Inc Mtn. Vista 1501 & 1503 -1 1stAmerican Heritage Mtn. Vista 1701 -17 Christopher & Mari Ciana Sunridge @ Avon II I -104 Kim & Erik Williams Greenbrier A -7 Christopher Hoover Greenbrier D -28 Lisa & Andrew Bradford Avon Lake Villas 14 Patrice O'Donnell Seasons # 322 Edwin Parmenter Stone Creek Condo # 113 MC Properties Inc 411 Metcalf Road Sara Corcoran Chapel Square # 308 Grossman, Zaragoza & Krueger Lot 8 -W Blk 1 Eaglebend Jana Crain Canyon Run D -202 Robert Wilner Lot 55 Mtn. Star Clifford & Althea Callaway Saddleridge @ Avon # 1 Catherine Dower & Jonathan Sinclaire Elk Run B -80 John & Natalie Mosesso Lot 52 Blk 1 WR Melisa & Albert Thuon Lots 13, 14, & 15 Blk 2 WR Teddy & Barbara Lewandowski Lot 52 Blk 2 WR Carol & Bruce Orr Lot 71 Blk 4 WR Total October Revenue Total YTD Revenue Total 2007 Budget Variance, Favorable (Unfavorable) Amount Received $ 1,891,822.89 2.00 48.00 60.00 280.00 70.00 80.00 50.00 20.00 2.00 40.00 1,299.80 589.90 2,699.70 919.90 320.00 420.00 240.00 50.00 6,400.00 7,100.00 3,440.00 10,025.00 11,000.00 9,900.00 32,000.00 3,500.00 32,000.00 15,200.00 37,000.00 10,120.00 7,200.00 9,900.00 14,000.00 13,900.00 27,000.00 256, 876.30 2,148,699.19 2,150,000.00 $ (1,300.81) W W NY�y y li o O O � v A V Z O Q CO C V Q 0) (O C O (6 O U N O E w o i N C O O O O U N } co O N O O N U) C O O U N IC 7 Q M OO (V O O N 0 0 0 0 0 0 0 0 0 0 0 0 LO (00 T co N N 0 0 0 C (C ch LO T m N a0 C O O 'cr N N O O O r r \° A M � Co Co N 0 CMY n O M i I N co O1 I- O1 m O co m m (o CO co r� CO N (O r� � N— N N N N � bq N O CM O) ('i B O O O N N O M d' N M (O M l (O N T N N 0_ O COO N M 0) N O N 0) O (O N M O CO (O N O N co ([ co N N M 69 bq 01 co N 0) M fl. M O O O N q (O co (o (O O M I T (o O co O C C7 r-� (C T CV N T M, CO N, CO M O O 0) 0) M M fl. CO O O aO 0) I� act CO f� I� O O (O O M 0 - O - - - - M Iq (OO N - (n N 69 Go by h O (O O (O N (O O H O (O I� m (O C (O 0 N 0 CO v N m O O M M O (O O O CO O O (O N M O M 0) O to ' T 3 01 � O O N - O T (N (q — LO N M M LO r 'IT t- O LO � O CO � T N O 01 (O M M CO N 0) ll� U CO fl. CO an f- CO I- CO N T (o C n � O M' O O Vi O O O1 � M r � T O T O1 M I� 001 I Is N 64 O bq i O 7 M C N N� N N t � M N N (O COO n (0 N O (M co OOi co T M aO CO M aO I M Q O o (O V O� i0 O T O M O ((M N N N t4 69 N m M 7 t W y E E G vO CO" LL Q Q O Z > O c� H i i I O N O i O N � L Go i U I I � I Is O i I I N i N N O O O O O O O O O O O O O O O O O O o_O �O R N_ O 69 64 64 64 (A 6=4 619 6�4 61's, r W Z M0 Uv) ' i ail U. V Z r _ O N eo Q Q N N CA t0 C O LN O U N O � 0 y O p� O () N C O U Q I 151 O O N N M O N O CO CO 0 0 0 W w N N O N� M O O O C r r r r r 0 0 0 r r r 'rR M M M COO N I M O N i� O CQyp 00 i� M ip� M ONO O CO N CCCOppp �A CO tN W O M 4 4 W V 'NR M era p p I to CO t0 O O r 0 0 t0 00 00 O M Gr�pp r% M rip M M M Nu-, 0�0 '7 fA 1 68? CO O Cp O� N 7 M ONO N O Ci Ci i� CV tC N C, 10 1ppn (A Iq P' N N Op N E MOp W 0 co 'NR 'rR t N N R M M A M M N 0 7 Ep9 CN� p fA t0 000 t^O � N� O M O N t0 M N 00 N O O M N Ct) N Cn O 't N Co tC r i-- CO r co O t0 1.- M u r 0 to m el' t0 M M M v 40 1 60 COO IA N CNO COO N M M O N O l) - CO CMO G O O N M 'ef r O N CO N N N CA l0 t0 M r N M 1-- 0� r. ,z O L r M O r O t0 M to M r O 0 N M N M M N N N N O r 6% 1 619 M 00 'NR CEO 000 a� 00 M [> O M M O N 2 N M M CC D M- N� v v N N M M M M M M CO C'O `" 1 ",11 C 'C � LL E E p coo Za O _ N CO O O m Q U) I- .02 W O R N } O U .t O c N Cl) O N O o O O O O O C O O O O O O O O O O