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TC Council Packet 01-12-2010TOWN OF AVON, COLORADO A7 ; AVON REGULAR MEETING FOR TUESDAY, JANUARY 12, 2010 a MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT 5. CONSENT AGENDA a. Minutes from December 8, 2009 b. Resolution No. 10 -01, Series of 2010, Resolution approving the locations for posting the notices of public meetings (Patty McKenny, Town Clerk) c. Monroe & Newell Engineers, Inc. — Nottingham Lake Fishing Pier Design Proposal (Shane Pegram, Engineer II) Approval of MNE's proposal to provide construction documents and construction observation for the Nottingham Lake Fishing Pier 6. ORDINANCES a. Public Hearing on Ordinance No. 09 -20, Series of 2009, Second Reading, Ordinance Approving and Accepting Mountain Star Conservation Easement (Eric Heil, Town Attorney) Review modifications of existing conservation easement so that easement is applied to open space areas but not to Tract AA which was dedicated to the Town for municipal purposes b. Ordinance No. 10 -01, Series of 2010, Ordinance Declaring a Moratorium on Medical Marijuana Dispensaries for 180 days and Declaring an Emergency (Eric Heil, Town Attorney) Proposed emergency moratorium ordinance on the issuance of business licenses for medical marijuana dispensaries for 180 days in order to prepare regulations for such businesses 7. RESOLUTIONS 9. TOWN MANAGER REPORT 10. TOWN ATTORNEY REPORT 11. MAYOR REPORT 12. ADJOURNMENT FUTURE AGENDA DATES & PROPOSED TOPICS: 1/26/10: Final Deed Restricted Document for Gandorf PUD, Connect Avon Now Update, Audit Engagement Letter, Resolution Traer Creek Final Plat, Ordinance Addressing Residential Building Codes, Resolution addressing Com Dev Fees, Land Use Code Update, Park Pavilion Update Avon Council Meeting. 10.01.12.doc Page 4 of 4 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 8, 2009 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, 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, Amy Phillips, Buz Reynolds and Brian Sipes. Kristi Ferraro was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Planning Manager Matt Gennett, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, new Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA Mayor Wolfe noted that the housing down payment assistance topic was not discussed at the executive session and council asked if the item should be placed on the consent agenda or if further discussion was required on the topic. It was suggested and agreed that an Executive Session would be held at the close of the regular meeting to discuss this topic. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Wolfe noted that Mayor Pro Tern Sipes would step down for the agenda item for Buck Creek's Resolution for the Final Plat and he would step down for the Mountain Star Conservation Easement. COMMUNITY & CITIZEN INPUT a. ESRI's Southwest Award for Best Map on Bear Sighting Map produced by GIS Analyst Jenny Koenig, Community Development Department (Sally Vecchio, Assistant Town Manager Community Development) b. Special Event Update on "Icing on the Lake" (Danita Chirichillo, Special Events Supervisor) CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Councilor Phillips moved to approve the consent agenda; Councilor Dantas seconded the motion and it passed unanimously by those present (Ferraro absent). . a. Minutes from November 24, 2009 b. Change Order 001 Elam Construction (Shane Pegram, Engineer II) Change order to adjust project quantities for the 2009 Street Improvement and Park Improvement projects to match those actually installed and add additional items required to complete the projects c. Change Order 1 - Benchmark Dam Service Spillway Improvements - Change Order with Ewing Trucking and Construction (Jeff Schneider, Project Engineer) CO to adjust quantities for construction of spillway improvements and project close -out d. Change Order 1 - Nottingham Puder Ditch Improvements - Change Order with Ewing Trucking and Construction (Jeff Schneider, Project Engineer) CO to adjust quantities for irrigation ditch improvements and project close -out e. Sale of Recreation Center's Spin Bicycles (Danita Chirichillo, Special Events Supervisor) Request approval of selling spin bikes to Southpark Recreation Center NEW BUSINESS Brian Kozak, Police Chief, presented the Intergovernmental Agreement for Animal Control Services which provided for continued animal control services from Eagle County. Councilor Carroll moved to approve the IGA for animal control services with Eagle County; Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro absent). Matt Pielsticker, Planner II, presented the Nottingham Power Plant Contract with Colorado Mountain College Contract for Restoration of Avon's Waterwheel, a Contract to complete work on the stabilization of the power plant. Mayor Pro Tern Sipes moved to approve the Contract with CMC for the restoration; Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro absent). Jenny Strehler, Director PW &T, presented the Intergovernmental Agreement between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority d /b /a ECO Transit and Town of Avon for Transit Parking Services IGA for services from 1/1/2010 ending 12/31/2010. She noted that the rate remained the same. Mayor Pro Tern Sipes moved to approve the Intergovernmental Agreement between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority d /b /a ECO Transit and Town of Avon for Transit Parking Services IGA for services from 1/1/2010 ending 12/31/2010. Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro absent). Jenny Strehler, Director PW &T, presented the Fleet Maintenance Agreements, the Annual Fleet Service Agreements with Governmental Agencies as follows: Eagle River Fire Protection District, Beaver Creek Metro District Buses, Vail Resorts Dial -A -Ride, Eagle County Ambulance District, Eagle River Water & Sanitation District, Beaver Creek Metro Public Works, ECO Transit, Town of Minturn, Western Eagle County Ambulance District, Town of Redcliff, Vail Valley Foundation, Greater Eagle Fire Protection District, ECO Hazmat Team, and the Gypsum Fire District. She noted that the hourly rate has remained the same at $105 / hour. Councilor Phillips moved to approve the Fleet Maintenance Agreements for the above referenced agencies; Mayor Pro Tern Sipes seconded the motion and it passed unanimously by those present (Ferraro absent). RESOLUTIONS Mayor Pro Tern Sipes stepped down due to a conflict of interest on this matter. Justin Hildreth, Town Engineer, presented Resolution No. 09 -41, Series of 2009, Resolution Approving The Final Plat And Subdivision Improvement Agreements For Buck Creek Pud, A Resubdivision Of Lots 1, 2, 3 And 4, Wildwood Resort, A Resubdivision Of Lots 5, 52a, 52b, Block 1, Benchmark At Beaver Creek, Located In Section 1, Township 5 South, Range 82 West Of The Sixth Principal Meridian, Town Of Avon, Eagle County, Colorado. It was noted that this resolution approves the Buck Creek PUD Final Plat and the related Phase I and II Subdivision Improvement Agreements with a condition of inclusion of a trail easement on the plat. It was noted there will be two phases. Jay Petersen, representing the applicant, thanked the Town of Avon staff for their effort in reviewing this project. Councilor Carroll moved to approve Resolution No. 09-41, Series of 2009, Resolution Approving The Final Plat And Subdivision Improvement Agreements For Buck Creek Pud, A Resubdivision Of Lots 1, 2, 3 And 4, Wildwood Resort, A Resubdivision Of Lots 5, 52a, 52b, Block 1, Benchmark At Beaver Creek, Located In Section 1, Township 5 South, Range 82 West Of The Sixth Principal Meridian, Town Of Avon, Eagle County, Colorado. Councilor Dantas seconded the motion and it passed unanimously by those present (Ferraro absent). Regular Council Meeting Page 2 of 4 09.12.08.doc Jeff Schneider, Senior Project Engineer, presented Resolution No 09 -42, Series of 2009, Resolution Approving a Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project. It was noted that there is a need to cross the railroad track in order to complete the project. An expenditure of approximately $12K has been included in the budget for this project. Councilor Dantas moved to approved Resolution No 09-42, Series of 2009, Resolution Approving a Pipeline Crossing Agreement with Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the Community Heat Recovery Project. Councilor Reynolds seconded the motion and it passed unanimously by those present (Ferraro absent). Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon, A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado / Resolution tabled at November 10, 2009 Meeting. She spoke about the history on the review of the final plat related to the use of Tract 1 for general recreation activities in the area. She noted that staff proposed language and the applicant submitted a letter with its own proposed language. Shane Pegram presented a review of the construction of the Whitewater Park and the town's position to protect the uses for that park as identified in the Certificate of Dedication and Ownership. Mayor Pro Tern Sipes reiterated the town's need to keep those uses. Rick Pylman, representing Vail Resorts, Kim Martin, attorney, Rick Buchanon, Vail Resorts Development Company, noted that they would like a mutual agreement. Town Attorney Eric Heil noted that the project fails if the language cannot be agreed to in full. There was dialogue about what use was not agreeable to the applicant and it was noted that mostly the recreational activities along the shoreline. With no agreement made at this time, the topic was referred back to the attorneys and the following action was taken: Councilor Carroll moved to table Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon, A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro absent). Councilor Carroll moved to table Resolution No. 09 -30, Series of 2009, Resolution Approving a Second Supplemental Water Lease Agreement With The Upper Eagle River Water Authority. Mayor Pro Tern Sipes seconded the motion and it passed unanimously by those present (Ferraro absent). ORDINANCES Shane Pegram, Engineer II, presented Ordinance No. 09 -19, Series of 2009, Second Reading, An Ordinance Approving a Landscape Construction and Maintenance Easement Agreement between the Town and Vail Associates, Inc. Because the item was posted for a public hearing, Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Carroll moved to table Ordinance No. 09 -19, Series of 2009, Second Reading, An Ordinance Approving a Landscape Construction and Maintenance Easement Agreement between the Town and Vail Associates, Inc. Councilor Reynolds seconded the motion and it passed unanimously by those present (Ferraro absent). Regular Council Meeting Page 3 of 4 09.12.08.doc Mayor Wolfe stepped down at this time due to a conflict of interest on this matter. Mayor Pro Tern Sipes presented Ordinance No. 09 -20, Series of 2009, First Reading, Ordinance Approving and Accepting Mountain Star Conservation Easement. Town Attorney Eric Heil noted that the only changes were made to the exhibits and to revise the future trails to only show the Buck Creek Trail in relation to the new Buck Creek PUD. He noted the comments he heard were that they were not interested in adding any other trails, which would have included the old road. The revisions addressed the existing conservation easement so that the easement is applied to open space areas but not to Tract AA which was dedicated to the Town for municipal purposes. This ordinance repeals the previously adopted Ordinance No. 09 -11. Councilor Dantas moved to approve Ordinance No. 09 -20, Series of 2009, First Reading, Ordinance Approving and Accepting Mountain Star Conservation Easement. Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro absent). MAYOR REPORT Mayor Wolfe noted that the multiparty land exchange is in the hands of the US Forest Service. EXECUTIVE SESSION CONTINUED FROM WORK SESSION: Councilor Reynolds exited the meeting at this time. Councilor Carroll moved to convene into Executive Session at 7:10 PM to discuss the following item which was not discussed earlier in the day: a. Housing Down Payment Assistance Program: For the purpose of receiving legal advice on specific legal questions pursuant to Colorado Revised Statute Section 24- 6- 402(4)(b) and for the purpose of discussing personnel matters pursuant to Colorado Revised Statute section 24-6 - 402(4)(f) specifically concerning housing down payment assistance Policies. Councilor Phillips seconded the motion and it passed by those present (Ferraro and Reynolds absent). There being no further business to come before the Council, the executive session and the regular meeting adjourned at 7:30 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 09.12.08.doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Director Administrative Services Date: January 7, 2010 Re: Resolution No. 10-01, Series of 2010, Posting Locations Summary: Resolution No. 10 -01, Series 2010 is presented to Council for their approval of the four locations used for posting the notices of public meetings. Previous Council Action: The Town Council adopts this type of resolution on an annual basis as required by Colorado Revised Statutes. Background: The four locations have been as follows: ✓ Avon Town Hall, One Lake Street, Bulletin Board ✓ Avon Recreation Center, 325 Benchmark Road, Bulletin Board ✓ Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board ✓ Avon Public Library, 200 Benchmark Road, Front Area Bulletin Board Discussion: Colorado Revised Statutes, Subsection 24 -6-402 addresses the specific guidelines involved with the open meetings law and posting notices. Notices must be posted at least 24 hours prior to each meeting. Regular council meeting notices and planning & zoning meeting notices are posted on the Friday before the meeting and emailed to Avon's distribution list of several hundred - email addresses. In addition to the posting, the regular council meeting agendas are published in the Vail Daily on the Monday before the Tuesday meeting. These posting locations are also used for special meeting notices and public hearing notices for ordinances. Town Manager Comments: TOWN OF AVON, COLORADO RESOLUTION NO. 10 -01 SERIES OF 2010 A RESOLUTION APPROVING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS Whereas, Local Public Bodies, including the Avon Town Council, are required by Subsection 24 -6 -402 (2)(c) C.R.S., to designate annually at the Town Council's first regular meeting of each calendar year, the place at which notice will be posted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required pursuant to Section 24 -6 -401, et seq., C.R.S. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Town Hall, One Lake Street, Bulletin Board Avon Recreation Center, 90 Lake Street, Bulletin Board Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board Avon Public Library, 200 Benchmark Road, Front Area Bulletin Board ADOPTED THIS 12TH DAY OF JANUARY 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor Attest: Patty McKenny, Town Clerk Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth, P.E., Town Engineer �1�1 Shane Pegram, P.E., Engineer II Date: January 6, 2010 Re: Monroe & Newell Engineers, Inc. — Nottingham Lake Fishing Pier Design Proposal Summary: Monroe & Newell Engineers, Inc. (MNE) has provided a proposal (Exhibit A) for design, shop drawing review and construction observation for the Nottingham Lake Fishing Pier. MNE's total base service fee is $9,875, and is not to be exceeded without prior written approval. Discussion: In 2008 and 2009 the Colorado Division of Wildlife (DOW) approved the Town of Avon's (TOA) application for grant funding through the DOW's "Fishing is Fun" program. The total TOA project budget is $180,000. The DOW grant will reimburse the town up to $101,700, but reimbursements will not exceed 64% of total project costs. The DOW has received approval from the United States Fish and Wildlife Service and the Town will be required to enter into a contract with the DOW for those funds. The approved project includes construction of a 'T' shaped fishing pier on the north side of Nottingham Lake that will extend 60' into the lake (Exhibit B). An asphalt access path will also be constructed from the existing path located on the north side of Nottingham Park. The fishing pier and access path will be American's with Disabilities Act (ADA) compliant. Design services can be undertaken prior to execution of the DOW contract, but will not be reimbursed until the contract has been executed. TOA's Engineering Department requested MNE to provide a design proposal for structural design of the fishing pier along with architectural renderings to support a Planning and Zoning Commission presentation. Financial Implications: MNE's total base service fee is $9,875, and is not to exceed this amount without prior written approval. The Town of Avon 2010 Budget includes $180,000 for design and construction of the Nottingham Lake Fishing Pier. The DOW grant will reimburse TOA a maximum of $101,700 or 64% of total project costs. The proposed design service fees fit within the project budget. As part of the contract approval the Town Manager will be authorized to sign amendments to the contract within the approved $12,000 design budget (Table 1). Table 1 Budget Item Proposed Bud et Pier Design $ 12,000 Pier Construction $150,000 Pier Access Trail $ 15,000 Soil Investigation $ 3,000 Total $180,000 Monroe & Newell, Inc. — Nottingham Lake Fishing Pier Design ProposalPage January 5, 2010 2of2 Recommendation: Approve the Monroe & Newell Engineering proposal for design, shop drawing review, and site observation services for a fee not to exceed $9,875 without prior written approval. Proposed Motion: I move to approve the Monroe & Newell Engineering proposal for design, shop drawing review, and construction observation services for a fee not to exceed $9,875 without prior written approval. Town Manager Comments: + � i \; ; i Attachments: Exhibit A — Monroe and Newell Engineers, Inc. proposal, dated January 6, 2010 Exhibit B — Nottingham Lake Site Plan • Page 2 Monroe & Newell Engineers, Inc. A Contract for the Provision of Structural Engineering Professional Services Between Town of Avon PO Box 975 Avon, CO 81620 Attn: Mr. Shane Pegram and Monroe & Newell Engineers, Inc. PO Box 1597 Avon, CO 81620 Dated January 6, 2010 For Nottingham Lake Fishing Pier Location Avon, Colorado Scope of Services: We propose to do the engineering for the referenced project including design, shop drawing review and site observations as described below: A. Design - Included in our engineering services will be design calculations and construction documents. In the preparation of design and construction documents, we will work closely with your office for consultation and coordination of our drawings with your requirements. B. Shop Drawing Review - After the contract has been let and material orders have been placed, we will review shop drawings which are forwarded to us. C. Site Observations - During construction, we will provide consultation services for questions, and we will make periodic observations to the site to observe the general progress construction. Approximately, four (4) site observations are included in the fee arrangement below. Such observations will not be either continuous or exhaustive and we assume no responsibility for failure of the contractor to complete the project in accordance with applicable plans and specifications and sound workmanship. We must be notified when critical work has been completed and be allowed sufficient time to observe uncovered work to make our observations. 2. Client Responsibilities: We shall be supplied with the appropriate drawings including civil, site, and landscape in a timely manner as required for us to complete each phase of our design and documents. It is necessary that we be provided a current soils report and recommendations by a Registered Professional Soils Engineer. We need to receive, for our files, certification from the soils engineer that the foundation system, as constructed, bears on proper soil as defined in the soils report. We shall be entitled to rely upon the accuracy and sufficiency of all soils reports, recommendations, inspections, designs, certifications, test results, and the like provided by others for the project and we assume no responsibility for the same. 3. Fee: We will provide the aforementioned engineering services at our standard hourly rates and as follows: Principals $ 170.00 /hour Associate Principal $130.00/hour Engineer $ 90.00 /hour Project Engineer $110.00 /hour Technician $ 70.00 /hour Consulting Architect: $125.00/hour Our total fee shall not exceed Nine Thousand Eight Hundred Seventy-five Dollars ($9,875.00) without additional authorization. 4. Basis of Fee: Our fee includes the architectural and structural design of a lake pier of approximately 60 feet long with a 40 foot wide end, all of which is 8 feet wide. The pier will be of timber construction with a wood railing style. Anchorage at shore will be a cast -in -place concrete abutment and the foundation system in the lake may be concrete footings, concrete piers or helical steel piers. Our fee includes an allowance of $1,500.00 for rendering services in support of a presentation package. Our fee anticipates that all presentations to Town Planning Commission and/or Town Council will be done by your office. 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 our cost plus ten percent. Fees for additional services beyond those mentioned above will be charged at our standard hourly rates. If you are in agreement with the above, please return a copy signed by your authorized representative for our files, and we will be available to proceed as required. The above will then govern our arrangements unless otherwise modified in writing. Submitted by, MONROE & NEWELL ENGINEERS, INC. ATM Peter Monroe, P.E. Principal Accepted by: Title: Monroe & Newell Engineers Inc. 2 Proposal for Nottingham Lake Fishing Pier January 6, 2010 O OO 0 VJ I X 2) 0 > o -n > Oo > CCD' M CD. (a =r 4, VAL --Jam 0 z 0 :3 0 0 z I CD (D C CD D Cf) r a CL CL 2_ CD -n CL (Cl U) 0 :3 (n c > cQ > CD =r CL CD 0 Z 0 CD o 0 C-) CD CD N 5 K o cn m 3 cn M. 0 CD X 2) 0 > o -n > Oo > CCD' M CD. (a =r 4, VAL --Jam 0 0 :3 0 0 z I CD CD C CD D Cf) r a CL CL 2_ CD CL (Cl 0 :3 0() 0 > 0 CL up 0 0 CD CO) Cl) ::r I't I-- M NEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney THROUGH: Larry Brooks, Town Manager DATE: January 7, 2010 SUBJECT: Revised Mountain Star Conservation Easement Summary: Town Staff was asked to modify the existing conservation easement with Mountain Star so that the conservation easement applied to open space areas but not to Tract AA which was dedicated to the Town for municipal purposes. The Town Council approved Ordinance No. 09 -11 APPROVING AND ACCEPTING THE MOUNTAIN STAR CONSERVATION EASEMENT last spring with the addition of future trails. The Mountain Star Owner's Association did not support the addition of the future trails except to the extent reflected in the revised conservation easement attached to this ordinance. The revised conservation easement is presented for your approval. Town Council passed first reading of the ordinance at the December 8, 2009 regular meeting. Ordinance No. 09 -20 is presented for second and final reading. Background: Mountain Star, LLC granted a conservation easement ( "Original Conservation Easement ") to the Town of Avon in 1994, then conveyed Tract AA to the Town in 1995 for municipal purposes. The Original Conservation Easement erroneously included Tract AA. Due to the restrictions on use of lands subject to the Original Conservation Easement, the Town desires to amend the described easement area to exclude Tract AA. The method of accomplishing this change is to terminate the Original Conservation Easement and execute a new conservation easement with the correct easement area description. Ordinance No. 09 -20 APPROVING AND ACCEPTING THE MOUNTAIN STAR CONSERVATION EASEMENT is presented for Council consideration on second and final reading. The amended conservation would exclude Tract AA and Tract Y (another parcel not intended for inclusion in the original conservation easement area and currently owned by TCL Avon, LLC). The new conservation easement reflects the changes in ownership that have occurred since the execution of the Original Conservation Easement. Included with this memorandum are the following: • Ordinance No. 09 -20 • Exhibit A: Deed of Conservation Easement Requested Action: Approval of Ordinance No. 09 -20. Town Manager Comments: Heil Law & Planning, «C Eric Heil, Esq.. A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org TOWN OF AVON ORDINANCE NO. 09-20 SERIES OF 2009 AN ORDINANCE APPROVING AND ACCEPTING THE MOUNTAIN STAR CONSERVATION EASEMENT WHEREAS, the Town of Avon ( "Town ") previously accepted a conservation easement ( "Original Conservation Easement ") granted by Mountain Star Limited Liability Company, a Wyoming limited liability company, dated April 1, 1995, recorded with the Eagle County Clerk and Recorder at Book 636, Page 287, and re- recorded at Book 656, Page 841; and WHEREAS, the Original Conservation Easement erroneously included Tract Y, Second Amendment, Mountain Star Filing No. 2, recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 670, Page 990 ( "Tract Y "), and Tract AA, Second Amendment, Mountain Star Filing No. 2, recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 670, Page 990 ( "Tract AA "); and WHEREAS, the parties to the Original Conservation Easement desire to correct the erroneous description of the easement area by vacating and terminating the Original Conservation Easement and executing the conservation easement attached hereto as Exhibit A: Deed of Conservation Easement ( "Easement "); and WHEREAS, Section 18.4 of the Avon Home Rule Charter provides that the Town Council may accept gifts and donations and Colorado Revised Statutes § 38- 30.5 -101, et. seq., provides authority to accept conveyances of real property to establish conservation easements for the protection of open land, environmental quality and life- sustaining ecological diversity; and WHEREAS, a public hearing was conducted in accordance with Section 6.5(d) of the Avon Home Rule Charter on January 12, 2010 and the Town Council considered all comments prior to considering final adoption of this ordinance; and WHEREAS, the Town Council previously approved Ordinance No. 09 -11 Approving and Accepting the Mountain Star Conservation Easement; however, the form of the conservation easement was revised and is now presented for approval in the form attached to this Ordinance; and WHEREAS, the Town Council finds that accepting the Easement will promote Goal H.1 of the Town of Avon Comprehensive Plan and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; Ord. No. 09 -20 Accepting and Approving Conservation Easement December 12, 2009 ejh Page 1 of 3 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY ORDAINS: SECTION 1. ORDINANCE No. 09-11 REPEALED. Ordinance No. 09 -11 is hereby repealed in its entirety. SECTION 2. CONSERVATION EASEMENT ACCEPTED. The Town Council hereby authorizes and approves execution and acceptance of the Easement. SECTION 3. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the conservation easement in the form attached hereto as Exhibit A: Deed of Conservation Easement and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank — signature page follows] Ord. No. 09 -20 Accepting and Approving Conservation Easement December 12, 2009 ejh Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on January 12, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Colorado, on December 8, 2009. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on January 12, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord. No. 09 -20 Accepting and Approving Conservation Easement December 12, 2009 ejh Page 3 of 3 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT (this "Easement ") is entered into by and between Mountain Star Association, a Colorado non - profit corporation ( "Grantor "), and the Town of Avon, a Colorado home rule municipality ( "Grantee ") this day of , 2009, and amends and restates that certain Conservation Easement, dated February 25, 1994, and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, at Reception Number 532340, Book 636, Page 287 (pages 1 through 7) (the "Original Conservation Easement "). WITNESSETH: WHEREAS, Mountain Star Limited Liability Company, a Wyoming limited liability company ( "Original Grantor "), and Grantee previously entered into the original conservation easement granting a conservation easement ( "Original Conservation Easement ") to Grantee. By instrument dated April 1, 1995, Grantor accepted and assumed all rights and obligations of the Original Grantor arising under the Original Conservation Easement; WHEREAS, Exhibit B to the Original Conservation Easement was intended to specifically describe and locate areas within the Property within which Harrington penstemon were known to exist or where the plant could be expected to exist, it did so in inadequate general terms such that the exhibit could not be used to actually bound an actual conservation area within the broad region defined in Exhibit A as "The Property Subject to this Conservation Easement." Exhibit A to the Original Conservation Easement can also be erroneously interpreted as being the conservation area rather than a region within which the inadequately defined areas of Exhibit B are contained. Consequently, two tracks of land were inadvertently subject to being interpreted as being included in the definition of Easement Area, such tracks being (a) Tract Y, Second Amendment, Mountain Star Filing No. 2, recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 670, Page 990 ( "Tract Y "), and (b) Tract AA, Second Amendment, Mountain Star Filing No. 2, recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 670, Page 990 ( "Tract AA "). Grantor and Grantee desire to correct such inadvertent inclusion and to exclude Tract Y and Tract AA from inclusion and coverage within the terms of the Original Conservation Easement and to correct the inadequately defined habitat by redefining the Conservation Easement area as being the entire redefined Property; and WHEREAS, in addition to Grantor and Grantee, all current owners of the real property which is subject the Original Conservation Easement (the "Owners ") are signatories to this Easement, thereby consenting to and authorizing this Easement as amending and wholly restating the Original Conservation Easement so as to exclude Tract Y and the Tract AA and to continue the protections of populations of Harrington penstemon ( Penstemon harringtonii), which is not a federally listed threatened or endangered species but which is listed as a U.S. Forest Service Region 2 sensitive species, under certain revised terms and conditions as set forth in this Easement; and Page 1 of 15 Mountain Star Conservation Easement 10 -29 -09 WHEREAS, Grantor, Grantee and the undersigned Owners desire to vacate, terminate and extinguish the Original Conservation Easement and to adopt this Deed of Conservation Easement to fully replace the Original Conservation Easement. NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained here, pursuant to the laws of Colorado and in particular Colorado Revised Statutes §38- 30.5 -101, et.seq., Grantor and the Owners hereby voluntarily convey to Grantee a Conservation Easement in Gross ( "Easement ") consisting of rights hereinafter enumerated, over and across that certain real property, situated in Eagle County Colorado, more particularly described on Exhibit A: Easement Area ( "Easement Area"), and grants title to the same, subject to the terms and conditions set forth herein. 1. Purpose. It is the purpose of this Easement to maintain, preserve, protect and enhance the existing populations of Harrington penstemon in the Easement Area. 2. Vacation and Termination of Original Conservation Easement. Grantor and Grantee hereby fully and absolutely vacate, terminate, extinguish, release and quit claim to each other all rights and interest in the Original Conservation Easement such that the Original Conservation Easement is hereby null and void and of no further force or effect. 3. Affirmative Rights Conveyed. The affirmative rights conveyed by this Easement to the Grantee are the following: (a) To preserve and protect the species the Harrington penstemon so long as the species remains listed as a U.S. Forest Service Region 2 sensitive species, or a U.S. Fish and Wildlife Service Category II plant, or is reclassified as a federally threatened or endangered species under the provisions of the Endangered Species Act. (b) To enter upon the property to inspect and to enforce the rights herein granted in a manner that will not unreasonably interfere with the proper uses being made of the Property at the time of such entry. (c) Except as expressly provided in this Easement, Grantor retains exclusive access to and use of the Property. 4. Permitted Uses and Practices. This Easement shall confine and restrict the future use of the Easement Area to non - development uses such as open space, preservation of wildlife habitat, hiking and other pedestrian, non - motorized recreational uses. The following uses and practices permitted under this Easement are not precluded, prevented or limited by this Easement: (a) Maintenance and repair of existing fences, trails and other improvements. In the event of destruction, deterioration or obsolescence of any said fences, trails or related improvements, Grantor may replace the same with improvements of similar size, function, capacity and location. Page 2 of 15 Mountain Star Conservation Easement 10 -29 -09 (b) Operation of maintenance of Buck Creek Road. (c) Utilize the Easement Area for hiking and other dispersed non - motorized recreational uses by Grantor, its successors, invitees and assigns, provided such use is confined to established, mapped and maintained trails as depicted in Exhibit B: Existing Conditions or a potential future trail as indentified on the attached Exhibit C: Future Buck Creek Trail, subject to the terms stated in Section 5.(c) below. 5. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purposes of this Easement and shall be prohibited upon or within the Easement Area: (a) The change, disturbance, alteration, or impairment of Harrington penstemon within the Easement Area without prescribed mitigation as described in Section 6 below. (b) The construction of permanent structures other than the Buck Creek Road. (c) The construction of new trails in addition to those depicted in Exhibit B: Existing Conditions, except for the potential future trail identified on the attached Exhibit C: Future Buck Creek Trail. The Future Buck Creek Trail may be proposed to the Mountain Star Association in the future as a public amenity to better connect the Town to the current Buck Creek trailhead, without having to use a vehicle, and with USFS land to the north, along a more sustainable and scenic route. The Future Buck Creek Trail shall be subject to a separate agreement between the Town and the Mountain Star Association which shall address construction, maintenance, liability and restoration of any abandoned portion of the existing Buck Creek Trail situated on property owned by the Mountain Star Association, which agreement shall be subject to approval by the Mountain Star Association in the sole discretion of the Mountain Star Association. (d) The hardening of existing trails with impermeable and/or non - native natural materials. (e) Hunting, cross country skiing, horseback riding, mountain biking, motor bikes, snow mobiles and all other motorized uses. 6. Mitigation Practices. If any proposed activity within the Easement Area may change, disturb, alter, impair or otherwise damage the Harrington penstemon, avoidance shall be the preferred form of mitigation. Other mitigation may include collection seeds and redistribution in appropriate habitat and/or relocating plants to appropriate habitat when and if encountered across the entire newly defined Easement Area during any new or changed permitted use. Other than activities expressly permitted per Section 4 above, activities which may change, disturb, alter, impair otherwise damage the Harrington penstemon shall not commence without prior written approval of the Grantee. 7. Enforcement Rights of Grantee and Restoration. The Grantee shall have the following rights: Page 3 of 15 Mountain Star Conservation Easement 10 -29 -09 (a) Upon the violation of any term, condition, covenant, or restriction contained in this Easement, after notice of violation to the Grantor and providing a reasonable opportunity to cure such violation (which in no case shall exceed a total of three hundred sixty five (365) days), the Grantee may institute a suit to enjoin by temporary and /or permanent injunction such violation, or may take such other lawful action, excluding claims for damages as it deems necessary to ensure compliance with the terms, conditions, covenants and purposes of this Easement; provided, however, that any failure to so act by the Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant or purpose of this Easement in the future. (b) Should a court of competent jurisdiction determine that any prohibited activity be undertaken on the Property, the Grantee shall have the right to cause the restoration of the Property affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of such restoration shall be borne by the Grantor, its successors or assigns. Notwithstanding the foregoing, if the Grantee discovers or objects to any action taken by the Grantor more than three years after such prohibited activity takes place, the Grantor shall not be held financially responsible for restoring the Property to its original condition. (c) Nothing contained herein shall be construed to preclude the Grantor from exhausting its legal remedies in determining whether that proposed activity to which the Grantee has objected it consistent with this Easement. 8. Costs and Taxes. Grantor agrees to bear all costs of operation, upkeep and maintenance of the Easement Area and Grantee shall have no obligation therefore. In addition, Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Property or on this Easement. 9. Access. Nothing contained herein shall be construed as affording the general public physical access to any portion of the Property subject to this Easement. Nothing in this Easement shall be construed to preclude Grantor's right to grant access to third parties across the property, provided that such access is allowed in a reasonable manner that is consistent with the purposes of this Easement. Nothing contained herein shall be deemed to be a gift or dedication of all or any portion of the Property to or for the general public, or for any public use or purpose whatsoever; it being the express intention and understanding of the Grantor and Grantee that this Agreement shall be strictly limited to and for the purposes herein expressed, solely for the parties hereto, their successors and assigns. 10. Assignment of Grantee's Interest. The parties covenant and agree that the Grantee may transfer its interest in this easement only to a "qualified organization," within the meaning of Section 170(h) of the Internal Revenue Code or any subsequent legislation; provided, however, that the Grantee, as a condition of such transfer, shall expressly Page 4 of 15 Mountain Star Conservation Easement 10 -29 -09 require that the transferee covenant to continue to carry out the conservation purposes which this Easement was intended to advance. 11. Term of Easement Grant. The Easement herein granted shall be a burden upon and shall run with the Property so long as Harrington penstemon is listed as a U.S. Forest Service Region 2 sensitive species, or a U.S. Fish and Wildlife Service Category II plant, or is reclassified as a federally threatened or endangered species under the provisions of the Endangered Species Act. In the event the Harrington penstemon is removed from the U.S. Forest Service Region 2 sensitive species list and the U.S. Fish and Wildlife Service Category II list, and is not listed as a federally threatened or endangered species under the provisions of the Endangered Species Act, then this Easement shall automatically terminate and all rights, grants, obligations and conditions of this easement shall cease and terminate, with or without notice from the Grantee, and the Grantor shall hold the Property, as the same may then be, free from the rights granted herein. 12. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Mountain Star Association c/o East West Resorts LLC P.O. Box 5480 Avon, CO 81620 To Grantee: Town of Avon P.O. Box 975 Avon, CO 81620 13. Recordation. Grantee shall record this instrument in a timely fashion in the official records of Eagle County, Colorado, and may re- record it at any time as may be required to preserve its rights in this Easement. 14. Miscellaneous. (a) The terms "Grantor" and "Grantee," whenever used herein, and any pronouns used in place thereof, shall mean and include the above named Grantor and its successors and assigns and the above named Grantee and its successors and assigns. (b) If any provisions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Deed of Conservation Easement and the application of such provisions to persons of circumstances other than those as to which it is found to be invalid, shall not be affected thereby. Page 5 of 15 Mountain Star Conservation Easement 10 -29 -09 (c) The Grantor and the Owners shall use reasonable effort to make reference to this Easement and in any subsequent deed, or other legal instrument, by means of which it conveys any interest in the real property subject to this Easement (including a leasehold interest) and to attach a copy of this Deed of Conservation Easement thereto. (d) This Easement may be executed in counterparts which, when taken together, shall constitute a binding instrument subjecting the Easement Area to this Easement. [signature pages follow] Page 6 of 15 Mountain Star Conservation Easement 10 -29 -09 In WITNESS WHEREOF, the Grantor has executed this Deed of Conservation Easement on the date and year first written above. GRANTOR AND OWNER OF TRACTS BB, V, W, X AND Z: Mountain Star Association, Colorado nonprofit corporation By:_ Title: STATE OF COLORADO } } ss COUNTY OF EAGLE } Date The foregoing instrument was acknowledged before me this day of , 200 by as of Mountain Star Association, a Colorado nonprofit corporation. My commission expires: Page 7 of 15 Mountain Star Conservation Easement 10 -29 -09 Witness my hand and official seal. Notary Public GRANTEE AND OWNER OF TRACT AA: Town of Avon, Colorado Attest: Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk STATE OF COLORADO } } ss COUNTY OF EAGLE } Date Approved as to form: Eric Heil, Town Attorney The foregoing instrument was acknowledged before me this _ day of , 200_ by Ron C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon, Colorado. My commission expires: Page 8 of 15 Mountain Star Conservation Easement 10 -29 -09 Witness my hand and official seal. Notary Public OWNER OF TRACT Y: TCL Avon LLC, Colorado limited liability company By:_ Title: STATE OF COLORADO } } ss COUNTY OF EAGLE } Date The foregoing instrument was acknowledged before me this _ day of , 200_ by as of TCL Avon, LLC, a Colorado limited liability company. My commission expires: Page 9 of 15 Mountain Star Conservation Easement 10 -29 -09 Witness my hand and official seal. Notary Public OWNER OF LOT 89: Jane Huffeldt Date Per Huffeldt Date STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me this _ day of 200_ by Jane Huffeldt and Per Huffeldt. My commission expires: Witness my hand and official seal. Notary Public Page 10 of 15 Mountain Star Conservation Easement 10 -29 -09 OWNER OF LOT 90: Stephen D. Johnson Date STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me this _ day of 200_ by Stephen D. Johnson. My commission expires: Witness my hand and official seal. Notary Public Page 11 of 15 Mountain Star Conservation Easement 10 -29 -09 OWNER OF LOT 91: Paul A. Becker Date Jayne W. Becker Date STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me this _ day of , 200_ by Paul A. Becker and Jayne W. Becker. My commission expires: Witness my hand and official seal. Notary Page 12 of 15 Mountain Star Conservation Easement 10 -29 -09 Public EXHIBIT A: Easement Area Legal Description of Easement Area Tract X, Tract W, Tract Z, Lot 89 & Lot 90, Mountain Star Filing No. 2, according to the plat recorded on May 4, 1994, in Book 639 at Page 487, County of Eagle, State of Colorado. Lot 91, Mountain Star Filing No 2, First Amendment, according to the Plat recorded February 22, 1995, in Book 661 at Page 913, County of Eagle, State of Colorado. Tract V, Mountain Star Filing No 2, Second Amendment, according to the Plat recorded July 7, 1995, in Book 670 at Page 989, County of Eagle, State of Colorado. Tract BB, Mountain Star Filing No. 3, according to the plat recorded on January 23, 1997, in Book 717 at Page 2, County of Eagle, State of Colorado. Graphic Illustration of Easement Area Page 13 of 15 Mountain Star Conservation Easement 10 -29 -09 EXHIBIT B: EXISTING CONDITIONS Page 14 of 15 Mountain Star Conservation Easement 10 -29 -09 EXHIBIT C: FUTURE BUCK CREEK TRAIL Page 15 of 15 Mountain Star Conservation Easement 10 -29 -09 HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: January 7, 2010 SUBJECT: Medical Marijuana Dispensaries Summary: A recent Arapahoe County Court ruling held that a home rule municipality could not prohibit medical marijuana dispensaries. The case involved the City of Centennial and the ruling was issued on December 30, 2009. Other municipalities which have denied business license applications for medical marijuana dispensaries are proposing and adopting ordinances enacting moratoria on issuing business licenses for medical marijuana dispensaries until appropriate regulations can be prepared and adopted. An emergency ordinance enacting a moratorium on the issuance of business licenses for medical marijuana dispensaries is being prepared and will be provided to Town Council and the general public no later than Monday morning. Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org TOWN OF AVON, COLORADO r O l AVON WORK SESSION MEETING FOR TUESDAY, JANUARY 12, 2010 e n i U MEETING BEGINS AT 2:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:15 PM — 3:45 PM 1. EXECUTIVE SESSION a. Avon v. TCMD: For the purpose of receiving legal advice on specific legal questions pursuant to Colorado Revised Statute section 24- 6- 402(4)(b) concerning pending litigation between the Town of Avon and Traer Creek Metropolitan District and status of service plan for the Traer Creek Metropolitan District b. Personnel Matters related to annual Town Attorney Review pursuant to Colorado Revised Statute section 24- 6- 402(4)(f) 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:45 PM — 4:15 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Eagle County Commissioners, Mayors and Managers Meeting Update (Ron Wolfe, Mayor, Larry Brooks, Town Manager) b. Town Manager's Work Program for 2010 (Larry Brooks, Town Manager) Review 2010 work program as set forth by Avon Town Council c. Financial Matters / Memo Only 4:15 PM — 5:00 PM 4. COMMUNITY DEVELOPMENT TOPIC UPDATES: a. TEMPORARY FEE REDUCTION AND WAIVER PROGRAM FOR ZONING, DESIGN REVIEW, AND BUILDING PERMIT APPLICATIONS (Sally Vecchio, Assistant Town Manager Community Development) Review current reduced fee structure which expires in February b. ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODES (William Gray, Chief Building Official) Review proposal to adopt the 2009 International Building Codes 5:00 PM 5. ADJOURNMENT Avon Council Meeting. 10.01.1 2.doc Page 1 of 4 TomofAwn P.O. Bcoc975 AVTO �K One Lale%ea Awn, Cdaado MX 970-748x4005 C O L D R A D O Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Mana Date: January 6, 2010 Regarding: Manager's work program for 2010 As in past years, the Town Council has provided a list of expectations for me as Manager. These expectations result in a work program for the calendar year which I have historically reviewed with the council from time to time as a periodic check -in. This year I felt it would be good to have an initial discussion on one of the specific expectations in order to verify approaches and get us all focused on timetables for accomplishment. The task for discussion is as follows: "Complete the Connect Avon Now walkable community plan and development of funding sources for buses, trails, paths, sidewalks and parking" We have been at work on the potential Connect Avon Now campaign since the middle of last year actually. This effort started with community survey information and assorted master plans which the Town has adopted. It is apparent to me, through the work done thus far, that there is the need to have substantial overlap with another task. That task is to supply a visionary addendum to the Comprehensive Transportation Plan. You will recall that the council approved this document (sans visionary component) in order to satisfy the technical requirements of grant applications and a number of other reasons which were equally vital to the Town. While the Comprehensive Transportation Plan has visionary components in it it was felt that supplemental work was justified and would be productive at a number of levels for our community. The purpose of the time with the council on the 12th will be to discuss the merits of creating the addendum to the plan in parallel with the Connect Avon Now project. It is our belief that there is tremendous overlap of the subject matter and venue. Both the ballot question and the visionary addendum to the Comprehensive Transportation Plan must live together, and it is good to have the community help us develop both. FINANCIAL MATTERS January 12, 2010 1. YTD Building Revenue Report Actual vs Budget - November, December 2. Detail - Real Estate Transfer Taxes - November, December 3. Accomodations Tax Worksheet Actual vs Budget - October, November 4. Sales Tax Worksheet Actual vs Budget - October, November r1 HOW ID ON d' V d- o O O OD 00 [p OD m m m N N m N M r- . cr v V' d cr H NWN M M M x w g� tiJ 7 H ' m o m MoM M o o r- Nnor 0 o O W 0 0 E- (1) �V Nin t` W r.0m � ri CW7 mrH NmLnr- m m m as .t HmHN H H ri O w W N k m 00 ul In In fJ OD 00 I- N O m m m H H H H M O N W Oul I` O O!` N N N d' F �D O %D w l- u1 O N m m m - 914 I� ul N M N O 'D 00 00 OD - > O I- OD I` O In N O O O O W O O OD Cl OD I` 00 OD OD N Ea O M M l�O U1H [p N a ID ID H H v O O O u1 W H O N V) O O O 0000 O O U ut L n w O O O O O O O O O rJ O H N W N U ut W C4 F - a O M a o z W N 0 C N > ul qu] m0m 0000 m m m - O Ea 0000 0000 O 00 OD fL F a H H H In O u1 W ID 1D O H W W m m ut O fn w w w a OD I- H OD I- I` I` z [E11 N 00 W 3 N a N N H H d' v d' Hul z w > q W + a G E o 0 o O O O O o 0 0 u U W o 0 0 0 0 0 o O O o U C7 fD O O O O O O O O O O O 0000 O O O it (TI O O 0000 O O O trl ro o 0 ofnuio 0 0 0 41 F ul ul m M N u1 O O O 7 N O 7 U U cn m b E W �a E > F O W a cn o O F a I W W H .CQ"7 q I W n p vl z a 4 I r F E w W W x -1I I w E. ww vlcn >cn H U' Ul I HaE W W W W U � m O o z S W H 0 W a 3 U z rno s a w w aax C4 r., w H N4 a U .a W a z H> °rHl W H a4 o U 00Qz Qz .H-1 E aW OZUQ C1 HH W w x Z 'ao O 4 •• aaD DFo oxH H E0 F-I a0 0 04 G. ci O o Q CD U O Ho0 0 zp0 H W q .a N I 14 L1 H F w N-i Hw �a�o rr11z0 pww i' awm °z Ez ms•• as w xa1 WEa I Da2:w .a awgW E W v W o o U x Z 4 I z 4 0 W a ate•• 0 zz .•Z N0 W E E 0 O I w U E a 0 .] E w 0 z a H m O H W w I E- H F H W W °O H a 0 W W � a zpF w0 F4 .1 Hd,� ,�NMa a a a C�7WW 0 O 00 000 E£ .]U C4 H0 OF U NNE. 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W p .] Pq U E 0 a Ix E q W Ol H P yF z Q •• •• U W W .] I UI .-I V� .] U] H N M .7 a a a C7 W W W 0 E Q W q 0 O 004 o o O Q Q Q Q E£ .]U IX PO 20H U NNE ENNNE E E H UTAH cW() 0Fa [zx aco U 4 NNO Ln In E mwww0 H Ln Ln Ln H O E O O E E Town of Avon Real Estate Transfer Tax Calendar Year 2009 Purchaser Name Property Amount Received Riverfront PUD October $ 820,096.16 $ 473,508.17 $ Title Comp Rockies Mtn. Vista 44 -09 948.65 Title Comp Rockies Mtn. Vista 45 -09 1,038.00 Title Comp Rockies Mtn. Vista 46 -09 2,110.70 Title Comp Rockies Mtn. Vista 47 -09 1,077.90 Land Title Guarantee Falcon Pointe 209 -26 30.00 Quality Timeshare Lakeside Terrace 180.00 Rosen Karastoyanov & Stela Goranova Sunridge B -307 1,760.00 Victor Diakov & Olga Sozinova Sunridge D -211 4,650.00 Rugggs # 2, LLC Lot 23 Bilk 1 BMBC 40,000.00 Amy & Jeremy Ross Nightstar# F 12,350.00 Bernice Harrison Living Trust Lot 44 Blk 1 WR 10,760.00 Kimberly Koch Lot 78 -B Blk 4 WR 17,400.00 RVH Riverfront # 218 19,230.42 Ticor Title Ins Riverfront 44 -09 8,943.80 Ticor Title Ins Riverfront 45 -09 7,569.90 Ticor Title Ins Riverfront 46 -09 3,895.20 Ticor Title Ins Ticor Title Ins Total November Revenue 92,305.25 $39,639.32 Total YTD Revenue 912,401.41 513,147.49 Total 2009 Budget 825,000.00 650,000.00 Variance, Favorable (Unfavorable) $ 87,401.41 $ (136,852.51) $ The Gates at Beaver Creek Purchaser Name Property Town of Avon Real Estate Transfer Tax Calendar Year 2009 The Gates at Amount Received Riverfront PUD Beaver Creek Nov -09 $ 912,401.41 $ 513,147.49 $ Land Title Guarantee Falcon Pointe 308 -17 20.00 Title Comp Rockies Mtn. Vista 48 -09 179.90 Title Comp Rockies Mtn. Vista 49 -09 310.70 Title Comp Rockies Mtn. Vista 50 -09 1,276.95 Title Comp Rockies Mtn. Vista 51 -09 1,176.00 Title Comp Rockies Mtn. Vista 52 -09 798.00 Title Comp Rockies Mtn. Vista 1626 & 1628 -26 295.00 Title Comp Rockies Lakeside Terrace 51 -09 144.95 Mark, Kathy & Joshua Rumble Sunridge F -301 1,740.00 Penoxide LLC Avon Lake Viallas W -2 7,000.00 Bradley & Madonna Binkowski 114 Blue Flax Lot 10 Mtn. Star 72,000.00 Work Family US Trust 5201 Longsun Lane Lot 1 24,500.00 Douglas & Lisa Currey Lot 111 -E Blk 1 WR 24,000.00 David W. Larue Lot 69 -A Bilk 4 WR 25,385.60 Ticor Title Ins Riverfront 48 -09 4,886.60 Ticor Title Ins Riverfront 49 -09 4,248.00 Ticor Title Ins Riverfront 50 -09 6,510.30 Ticor Title Ins Riverfront 51 -09 5,716.00 Total December Revenue 158,827.10 21,360.90 Total YTD Revenue 1,071,228.51 534,508.39 Total 2009 Budget 825,000.00 650,000.00 Variance, Favorable (Unfavorable) $ 246,228.51 $ (115,491.61) $ r W W Y�y/ c li Q O� Q 5 V 0z Z p 0< CO Q CC Q G Q O N V V Q N to E (D � V O C M d 02 > O LL Q Q Z o O O O O O O C C 6 C ' O O O O O Cn O to O 0 N N M O O N CO O O N O O N CO O N LO O O N V O O N \0 \0 \0 \ \ \0 \0 \ \0 \0 \0 \0 0 \0 0 0 0 0 0 0 0 0 0 0 0 CO N f` M CO Cn M N CO N O O 0 O! 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Dev. From: Sally Vecchio, Ass't Town Manager /Comm. Dev. Date: January 05, 2010 Re: Temporary Fee Reduction and Waiver Program for Zoning, Design Review, and Building Permit Applications Background On July 2e, 2009 the Town Council approved Resolution No.09 -25, establishing a temporary fee reduction and waiver program for the following zoning, design review, and building permit applications: 1. 100% of all Zoning fees 2. 100% of all Design Review fees 3. 100% of all Building Permit fees for interior remodels, replacement of exterior stucco and /or siding, and roof covering repair and replacement 4. 10% for all other Building Permit fees The waiver program was intended to jump start a flagging local construction industry and related businesses. The fee waiver program was initiated on August 1, 2009 and is set to expire on February 12, 2010. After reviewing the construction activity indicators for 2009 (Tables 1.1, 1.2 and 1.3), it is apparent that the fee waiver program did not encourage new construction activity that would have otherwise not occurred without the program. Overall revenues from permit fees fell 24% between 2008 and 2009; and building permits were down 58% during the same period. Most of the building permits issued in 2009 were for building additions and remodels. Only four permits were issued for new residential construction. There was no new commercial construction in 2009. Total revenues from building and development fees in 2009 (collected and waived), was $113,077.95. The Town collected $78,464.91 and waived $34,613.04. We are expecting construction activity to remain the same in 2010, with no new commercial construction expected. Staff Recommendation: Staff recommends not re- enacting the temporary permit fee waiver program for 2010. Permit Revenues 2006 —2009 Table 1.1 2009 Building Permit Revenue By Type Table 1.2 Building Addition/Remodel $25,803 New Building $14,418 Revenues Received Waived Revenues Percent Change $600 2006 2007 2008 (68.4 %) New Residential Permits Issued 15 4 (73.7 %) Total Permits Issued 143 Jan -Au 2009 (Aug-Dec 2009 2008 -09 Contractor's License $17,605.00 $18,478.00 $15,109.00 $5,205.00 0 (65.5 %) Fees Building Permit Fees $587,775.61 $282,928.52 $181.467.35 $43,097.62 $25,849.37 (62 %) Plan Check $598,828.91 $231,438.38 $88,966.81 $12,609.79 0 (85 %) Fees Subdivision Review Fees $111,750.74 $48,347.51 $9,874.39 $4,627.50 $877.50 (44 %) Design Review Fees $48,965.00 $40,400.65 $34,585.00 $12,925.00 $7,886.17 (39 %) Totals 1 $1,366,931.26 $623,600.06 1 $150,725.017 $78,464.91 1 $34,613.04 24% 2009 Building Permit Revenue By Type Table 1.2 Building Addition/Remodel $25,803 New Building $14,418 Mechanical $1,430 Plumbing $600 Building Permits Processed 2008-2009 Table 1.3 • Page 2 2008 2009 Percent Change New Commercial Construction Valuation $2,525,749 $0 (100 %) New Residential Construction Valuation $11,165,780 $3,521,000 (68.4 %) New Residential Permits Issued 15 4 (73.7 %) Total Permits Issued 143 60 (58 %) • Page 2 Memo To: Thru: Legal Review: Approved by: From: Date: Re: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney tJ�PC Sally Vecchio, Ass't Town Manager /Comm. Dev. William Gray, Chief Building Official l(� January 05, 2010 Adoption of the 2009 International Building Codes The 2009 revisions to the International Building Codes have been published and staff is recommending adoption of the regulations as written with exception that in the 2009 residential code, the requirement to install automatic sprinkler systems in single family and duplex homes be put off until January 1, 2012. The next revisions to the Code will be published at this time, and we expect this particular requirement to be modified or repealed. Below is a summary of the significant revisions in the 2009 Code. The 2009 International Building Code; covering all structures with the exception of; the One -and Two - Family dwellings and townhouses not more than three stories above grade and their accessory structures. 1. 410 total changes, 279 are house keeping and clarifications and various structural changes. 131 new additions to the code, 2. Additions to high rise buildings for elevators ingress, egress, fire proofing, fire ratings etc. 3. LiveAvork units, maximum of 3, 000 square feet. Non residential area is permitted to be a maximum 50%of the area of each liveAvork unit. The nonresidential area function shall be limited to the first or main floor only of the liveAvork unit. A maximum of five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time. May be built as an R3 occupancy. The 2009 International Residential Code; covering One- and Two — Family dwellings and townhouses not more than three stories above grade and their accessory structures. 1. R302.3 Two - family dwellings ( duplex) reduction in the rating of the "party wall from 1 hr to % hr when automatic sprinkler system is installed. 2. R313 Automatic Fire Sprinkler Systems. 313.1 An automatic fire sprinkler system shall be installed in Townhouses. Defined as : "A single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides" 3. Exception to 313. 1, not required when additions or alterations are made to existing townhouses that do not have a automatic residential fire sprinkler system. 4. R313.2 One -and two family dwellings automatic fire system. Effective January 1, 2011, an automatic residential fire sprinkler system shall be installed in one -and tow family dwellings.. Note: Eagle County has pushed the effective date off to January 1, 2012 because this is the next code edition and a wait and see approach may show another change to this requirement 5. Exception to 313.2 not required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. 6. Systems shall be designed in accordance with new section in the residential code, P2904 or NFPA (National Fire Protection Association) 13 D. 7. Seismic design category is now 17 8 a change from category C. New tables with in the code. 8. Annual mean temp is now 40 degrees F. • The 2009 International Energy Conservation Code; emphasizing both prescriptive and performance- related provisions for both commercial and residential buildings. 1. Change in Climate Zone from 15 to 6 8 for Eagle County 2. New Table 402.1.1 Insulation and fenestration requirements by components. • The 2009 International Plumbing Code; covers the initial design of the plumbing system, the installation and construction of plumbing systems and the maintenance of operating systems. 1. Nothing major, house keeping and clarifications. • The 2009 International Mechanical Code; covers the initial design of mechanical systems through the installation and construction phases and into the maintenance of operation systems. 1. Reduction to ventilation rates in enclosed parking garages. 2. Major change to 403.3 Table for ventilation rates. New default occupant density per 1, 000 sq ft and new exhaust airflow rate now in table. Ventilation rates haven revised and new variables for use in the equations to determine the minimum outdoor air intake flow rate have been added. • Page 2 • The 2009 International Fuel Gas Code; contains all code coverage for fuel - gas related installations coordinates with the full family of the International Codes. 1. House keeping changes to definitions for Gas utilization Equipment deleted. 2. Grounding requirements for CSST pipe. ( corrugated stainless steel tubing) 3. Appliances in attics must provide access large enough to allow the removal of the appliance as supposed to the largest appliance component. 4. 411.1.3.1 allows for connector to pass through floors and walls but will need a shut of upstream of the connector. • The 2009 International Fire Code: addresses conditions hazardous to life and property arising from fire, explosion, hazardous materials storage, handling or use and the use and occupancy of buildings and premises. Both improved prescriptive and performance -based code regulations for the safeguard of public health and safety. Compatible with the family of the International Codes. 1. 87 changes, 37 new additions to the code, 50 clarifications and house keeping along with new definitions. 2. Section 102.5 clarifies issues between the IFC and the IRC. 3. Section 105.4.1 allows for phased approval and permits construction to proceed while the design is still being done. 4. Section 307.4.3 allows for the use of `portable outdoor fireplaces because of the wide spread availability. 5. Section 403.3 Crowd manager, create the need for crowd managers when indoor or outdoor events with attendees greater than 1, 000. Requires crowd managers to be trained employees with responsibilities to control and direct the occupants in a safe manner during emergencies. 6. Section 044 .3.3 --- .3.31 ---- .3.3.2 -- .3.3.3 and 406.3.3 Establish requirements for the development and implementation of lockdown plans. Controls and confirms that the level of life safety inside of the building is not reduced or compromised and that the event is done in accordance with an approved plan. Provides for how the incident will be recalled so conditions can be retumed to normal activities. More.... 7. Section 510 apx. J Emergency responder radio coverage. New provisions that address requirements for in- building coverage of emergency responder radios. Mostly for large area buildings and high rise buildings. 8. Section 603.4.2 through 603.4.2.3 Portable gas fired outdoor heating appliances, `patio heaters" stipulates permissible and prohibited locations, listings and maintenance of these appliances. • Page 3 9. Section 805.4 through 805.4.2.3 Group R2 college and university dormitories. Regulates upholstered fumiture and mattresses in college dorms. 10. Others. • The 2009 International Existing Building Code; applies to repair, alteration change of occupancy addition and relocation of existing buildings. The necessity of upgrades and improvements is determined by the type and extent of the work, not the expense. 1. Nothing major. • 2009 International Property Maintenance Code; Key components of this code provides a safe means of egress, prevents hazardous structural conditions and reduces health hazards by providing a clean and sanitary environment. Works with others in the family of International Codes particularly the 2009 International Fire Code. 1. Section 108.1.5 Dangerous structure or premises. New section providing a list of conditions that establish an important baseline to utilize when evaluating a structure. This will help the jurisdiction more clearly define a dangerous structure or building but is in no way the only way to determine such issues. 2. Section 108.2.1 Authority to disconnect services utilities. Used as a means to regulate unsafe structures. Was always in the Building code but is now part of this code. 3. Section 108.6 Abatement methods. Makes it clear that the owner, operator or occupant is the party responsible to take action to abate hazardous systems or conditions. Now includes the operator and occupant as responsible. 4. Section 108.7 Record. Requires a report to be filed on each investigation of unsafe conditions, stating the occupancy and the nature of the unsafe condition. This report provides a basis for the written notice of violation. We have always done this. 5. Other sections that are new cover public toilets, grease interceptors and the continued maintenance. How to board up a structure, etc... • 2008 National Electrical Code. This code changes on a different time line from the International codes and the new edition will need to be adopted when it comes out usually adopted by the State on July 1. then we follow asap. • Page 4