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TC Res. No. 2001-05RESOLUTION NO. 05 SERIES OF 2001 A RESOLUTION APPROVING AN ORDER OF THE TOWN MANAGER WHEREAS § 9.04.130 of the Avon Code provides that orders of the town manager in the exercise of his authority to control, manage, and supervise town owned buildings are effective only upon resolution of the town council, and WHEREAS the town manager has issued an order prohibiting loitering within the Avon Recreation Center, 0325 Benchmark Road, Avon, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The town council hereby approves the attached January 2001, order of the town manager prohibiting loitering within the Avon Recreation Center. ADOPTED this23 day of January 1 2001. TOWN OF AVON, COLORADO J Yoder, a AP ROV S TO FORM: urt Levin, Town Attorney 1 ORDER Pursuant to my authority under § 9.04.130 of the Avon Code, and in the interest of prohibiting conduct within the Avon Recreation Center, 0325 Benchmark Road, Avon, Colorado, which may be reasonably expected to substantially interfere with the use and enjoyment of said Recreation Center, or which may constitute a general nuisance, I HEREBY ORDER, this h-Nay of January, 2001, .that loitering in said Recreation Center is prohibited. BILL EF G AVON TOWN MANAGER Burt Levin From: Burt Levin Sent: Thursday, January 18, 2001 11:21 AM To: Bill Efting; Meryl Jacobs;. Jeff Layman Cc: Council - Everyone Subject: Loitering in the rec center Loitering in the rec center has become a problem. Meryl wants to post a sign prohibiting loitering. This can be done. In order for the police to be authorized to enforce the ban on loitering § 9.04.130 of the Code must be satisfied. That section allows the town manager to issue orders limiting activities or conduct within public buildings, including an order prohibiting loitering at the rec center, which order shall "be effective only upon resolution of the town council." Furthermore, no conviction may be obtained for a violation of § 9.04.130 "unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building..:." Therefore, I have prepared the attached order of the town manager and resolution of the town council to prohibit loitering in the rec center. Upon approval of the resolution a "no loitering" sign will be posted on the door of the rec center, and the police will then have authority to enforce the ban. The police and the rec staff will note that "No conviction may be obtained under this section 9.04.130] unless such notice is actually first given by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section." I take that to mean that any person loitering in the rec center must be advised, by a rec staff member or a police officer, to stop loitering or leave the building, before the police are authorized to charge the person with a violation of § 9.04.130. (The charge in such a case should be 9.04.130 Unlawful conduct on public property.") 11 loltedng Carder.doc loiterig res.doc The resolution will appear on the council's February 13th agenda. e Memo To: Thru: From: Honorable Mayor and Town Council Bill Elting, Town Manager Norm Wood, Town EngineerW/ Date: February 21, 2001 J Re: Chapel Square Subdivision Improvements Agreement Resolution No. 01-05, Series of 2001, Reducing'Required Security Deposit Summary: Chapel Square has satisfactorily completed a significant portion of the public improvements identified in the Subdivision Improvements Agreement. The satisfactory completion of these portions has been adequately documented by field inspections and the submittal of As-Built-Plans and Certifications by registered professional engineers as stipulated in the Subdivision Improvements Agreement. The remaining and unsatisfactory work is identified in the attached letter of January 4, 2001; to Palmos Development. This letter further indicates that a recommendation will be made to reduce the required letter. of credit by $ 187,679.00; from $ 402,679.00 to 215,000.00. Approval of attachedResolution No. 01=05, Series of 2001 is recommended to allow this corresponding reduction. Reido emendatlons: Approve Resolution No. 01-05, Series of 2001, a Resolution Approving a Reduced Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat Chapel Square Subdivision. Proposed Motion: I move to approve Resolution No..O1-05, Series of 2001, A Resolution Approving a-Reduced Security'Deposit` for Public improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision. Town _Mana er Comments: Mew i.~ ~~n"HAMD\E,&,,d,oub&,isioe\Bm&mrk At BCCWWO &Fwe\S- NO ,y TOWN OF AVON RESOLUTION NO. 01=05 Series of 2001 A RESOLUTION APPROVING A REDUCED SECURITY DEPOSIT FOR PUBLIC IMPROVEMENTS TO BE INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH SUBDIVISION IMPROVEMENTS AGREEMENT FOR AMENDED PEAT OF CHAPEL SQUARE SUBDIVISION WHEREAS; the.Town of Avon and Chapel Square, LLC, a Colorado Limited Liability Company entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval of the Amended Plat of Chapel Square Subdivision; and WHEREAS, said Agreement established certain public and private improvements to be constructed in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of security deposits to assure completion of the improvements and provide for warranty work in accordance with the Agreement and the subsequent partial release of the security deposits upon satisfactory completion of portions of the improvements in conformance with all standards, drawings and specifications as submitted to and previously approved by the Town; and WIEREAS, portions of the required work have been satisfactorily completed in accordance with the approved plans and specifications, as certified by a professional engineer. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. Portions of the improvements with an equivalent'value of $ 187,679.00, have been satisfactorily completed in conformance with the approved plans and specifications as of January 4, 2001. 2. Effective February 28, 2001, the security deposit may be reduced to $ 215,000.00 which is equal to at least 110 percent of the cost of the remaining improvements to completed in conformance with the approved plans and specifications. \\PW\SHAREDEagineaing\Sub&vision\Bm&mmk At BC\C hvel Squ-\S-Dep Re-1-1.D- ADOPTED THIS DAY OF 2001. . TOWN COUNCIL TONWOF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk \\PW\SHARM\F,gmeemg\Subcbvmon\Bcnd=wk At BC\C MPel. Sq=e\Sec Dep Resol-1.Doc 2