TC Council Packet 07-25-2000Town Council Meetings
Roll Call Check Sheet
Date: 7/25/00
Jim Benson
Michael Brown
Debbie Buckley % Ll
Rick Cuny L'Z
Mac McDevitt V'z
Buz Reynolds /
Judy Yoder
v
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: Brown, Reynolds, Cuny, Yoder, McDevitt,
Buckley, Benson
Staff Present:
Bill Efting
Larry Brooks
Burt Levin
K Kris Nash
Jacquie Halburnt
Scott Wright
x.
X.
Jeff Layman
Charlie Moore
Meryl Jacobs
Norm Wood
Bob Reed
Harry Taylor
Mike Matzko
Karen Griffith
Other Staff:
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STATE OF COLORADO )
COUNTY OF EAGLE )
TOWN OF AVON )
SS
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 25, 2000, AT 4:00
P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
4:00 PM - 4:15 PM 1.) Avon Art's Council
4:15 PM - 4:45 PM 2.) Nottingham Road Preliminary Design
4:45 PM - 5:00 PM 3.) Wildridge Entry Sign
11
5:00 PM - 5:15 PM 4.) Upper Eagle Regional Water Authority
5:15 PM - 5:30 PM 5.) Community Development Update
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC ,
B
OF AVON, COLORADO
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JULY 21, 2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
11
0 Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 4-
From: Norm Wood, Town Engineer %?
Date: July 20, 2000
Re: Nottingham Road Improvements Update
Summary: Representatives from Inter-Mountain Engineering will be at
the Council Work Session, Tuesday, July 25h to review preliminary plans and cost
estimates for the Nottingham Road Improvement Project. The Preliminary Plans include
the westerly 3950 feet of the roadway plus the full length of bikepath from I-70
Roundabout No. 1 to the Kamen Cul-de-Sac. Preliminary Design on the remainder of the
Nottingham Road Improvements is currently on hold pending receipt of roundabout design
information from Lief Ourston and a proposal from Ray Nielsen regarding the possible
relocation of Swift Gulch Road across the Wildwood Resort Property. We anticipate
having information on both of these items within the next few weeks. Upon receipt of this
information and concurrence of Council, we will then proceed with preliminary design of
the remainder of the Project.
The attached Preliminary Cost Estimate projects a cost of $624,973 for bikepath
construction from Roundabout No. 1 at I-70 to the Kamen Cul-de-Sac and $1,441,845 for
Nottingham Road Improvements from the Kamen Cul-de-Sac to a point approximately 150
feet west of the east entrance to Sherwood Meadows. The total estimated cost for
construction of this portion of the improvements is $2,066,818. The 5-Year Capital
Improvements Budget has $650,000 in 2002 and $650,000 in 2003 for this portion of the
Project for a Budget deficit of $766,818.
If the improvements between Kamen Cul-de-Sac and Metcalf Road are deleted, the
estimated bikepath costs should be reduced approximately $75,000 to about $550,000.
The estimated improvement costs for Nottingham Road should be reduced approximately
$255,000 to about $1,185,000 for a total estimated cost of about $1,735,000 for this
section of the project. This would reduce the projected budget deficit for this portion of
the Project to $435,000. It may also be desirable to delete this section of the Project and
defer construction until plans for US Forest Service Land Exchange and development are
finalized.
\\PW\SHARED\Engineaing\CIP\Nottingham Rd\1.0 Administration\1.2 Budget\Mem Dm=.Doc
y n ?7: p
Preliminary Estimates for the remainder of the Project are not yet available from the
Engineers. The current best guess and budget are summarized as:
Improvement Cost Estimate Budget
Nottingham Road (1500 feet / 3-4 Lanes) $ 750,000 $495,000
Swift Gulch Road (700 feet / 2-Lanes) 300,000 0
Mountain Star Drive Roundabout 500,000 0
Roundabout No. 1 Modifications 150,000 0
Total Projected Cost & Current Budget $1,700,000 $495,000
Current Projected Deficit $1,205,000
Currently, the only financial commitment to the Swift Gulch Road and Roundabouts
portion of these improvements is $13,600 to Leif Ourston to provide a Roundabout Design
for the Mountain Star Drive intersection. We have not yet received a draft proposal from
Ray Nielsen regarding the Swift Gulch Road relocation. Again these numbers are very
preliminary and may change significantly as the designs are developed, but hopefully they
will provide some useful information when evaluating the project and in making some of
the decisions that will be needed in the near future.
Recommended Procedures are:
1. Finalize Nottingham Road Design from Metcalf Road to beginning of
proposed two-lane section (west of Sherwood Meadows east entrance).
2. Finalize Bikepath design and CDOT approvals from Metcalf Road to 1-70
Roundabout No. I .
3. Continue with Lief Ourston Design of Roundabout at Mountain Star Drive.
4. Evaluate proposals regarding Swift Gulch Road relocation, as they become
available.
5. Hold final design for Nottingham Road Improvements between beginning of
two-lane section (west of Sherwood Meadows east entrance) and Roundabout No.
1 until additional cost information becomes available.
6. Develop final project plan and construction schedule based on revised cost
data, mutually acceptable agreements and acceptable budget constraints.
Town Manager Comments:
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\\PWtSHAnDTF &eamg\CIP\Nottingham Rd\l.o Administration\1.2 Budget\Mem Draft2.Doc 2
SEGMENT 1 - STA 0+00 TO 39+50 PRELIMINARY ESTIMATE
NOTTINGHAM ROAD IMPROVEMENTS
E
1.0 GENERAL
1.1 Mobilization
1.2 Survey/ Staking
2.0 DEMOLITION
2.1 Sawcut Existing Asphalt
2.2 Asphalt Removal
2.3 Concrete/Pan Removal
2.4 Curb & Gutter Removal
2.5 Sidewalk Demolition
2.6 Guard Rail Removal
2.7 Roto-Mill
2.8 Remove Headwall
2.9 Remove Culvert
3.0 EARTHWORK
3.1 Clearing
3.2 Unclassified Excavation
3.3 Inplace Embankment
3.4 Site Grading
3.5 Structural Walls
3.6 Boulder Walls
4.0 ROADWAY
4.1 Fine Grade
4.2 Class 1 Subbase
4.3 Class 6 Road Base
4.4 Sand Base
4.4 Asphaltic Concrete
4.5 Concrete Sidewalk
4.6 Pavers
4.7 Curb & Gutter - 2 ft Pan
4.8 Concrete Crosspan - Commercial App.
4.9 Concrete Driveway Approach - Residential
4.10 Extend Existing CMP
a. 18"
b. 18" Wye
c. 24"
d. 24" End Section
e. 30"
f. 30" End Section
QUANITIY UNIT UNIT
PRICE
1 L.S. $40,000.00
1 L.S. $15,000.00
7,993
42,461
96
0
0
2,263
1,000
1
4
1
2,348
4,956
103,763
1,350
0
84,013
700
1,559
69
3,296
12,878
6,343
7,160
6,236
2,666
13
1
4
1
30
1
S.F. $2.00
S. F. $1.00
S. F. $1.50
L.F. $5.00
S.F. $2.50
L.F. $3.00
S.Y. $5.00
EACH $1,500.00
EACH $2,500.00
L.S. $35,000.00
C.Y. $7.50
C.Y. $12.00
S.F. $0.12
S.F. $30.00
L.F. $50.00
S.F. $0.18
TONS $19.00
TONS $21.00
TONS $20.00
TONS $47.50
S.F. $4.00
S.F. $15.00
L. F. $16.75
S. F. $9.50
S.F. $6.50
L.F. $40.00
EACH $250.00
L.F. $55.00
EACH $300.00
L.F. $60.00
EACH $350.00
SUBTOTAL
E
TOTAL
COST
$40,000.00
$15,000.00
$15.986.00
$42,461.00
$144.00
$0.00
$0.00
$6,789.00
$5,000.00
$1,500.00
$10,000.00
$35,000.00
$17,610.00
$59,472.00
$12,451.56
$40,500.00
$0.00
$15,122.34
$13,300.00
$32,739.00
$1,380.00
$156,560.00
$51,512.00
$95,145.00
$119,930.00
$59,242.00
$17,329.00
$520.00
$250.00
$220.00
$ 300.00
$1,800.00
$350.00
$867,612.90
Nottingham Road 7/18/00
r
BIKE PATH - PRELIMINARY ESTIMATE
NOTTINGHAM ROAD IMPROVEMENTS
1.0 GENERAL
1.1 Mobilization
1.2 Survey/ Staking
2.0 DEMOLITION
2.1 Fence Removal
2.2 Rip Rap Removal
QUANITIY UNIT UNIT
PRICE
1 L.S. $5,000.00
1 L.S. $2,500.00
5,400 L.F
1,269 S.F
$1.10
$1.00
3.0 EARTHWORK
3.1 Clearing 1 L.S.
3.2 Unclassified Excavation 3,224 C.Y.
3.3 Inplace Embankment 754 C.Y.
3.4 Site Grading 120,000 S.F.
3.5 Structural Walls 0 S.F.
3.6 Boulder Walls 1,479 L.F.
3.7 Abutments 12 C.Y.
3.8 Rip Rap 300 C.Y.
4.0 PATH
4.1 Fine Grade 64,500 S.F.
4.2 Class 1 Subbase 0 TONS
4.3 Class 6 Road Base 2,589 TONS
4.4 Asphaltic Concrete 1,008 TONS
4.5 Bicycle and Pedestrian Railing 650 L.F.
4.6 Extend Existing CMP
a. 18" 21 L.F.
b. 18" End Section 1 EACH
c. 24" 36 L.F.
d. 24" End Section 1 EACH
e. 30" 12 L.F.
f. 30" End Section 1 EACH
g. 36" 30 L.F.
h. 36" End Section 1 EACH
$20,000.00
$7.50
$12.00
$0.12
$30.00
$65.00
$600.00
$ 30.00
$0.18
$19.00
$21.00
$47.50
$140.00
$40.00
$250.00
$55.00
$300.00
$60.00
$350.00
$67.50
$400.00
SUBTOTAL
TOTAL
COST
$5,000.00
$2,500.00
$5,940.00
$1,269.00
$20,000.00
$24,180.00
$9,048.00
$14,400.00
$0.00
$96,135.00
$7,200.00
$9,000.00
$11,610.00
$0.00
$54,369.00
$47,880.00
$91,000.00
$840.00
$250.00
$1,980.00
$300.00
$720.00
$350.00
$2,025.00
$400.00
$406,396.00
Nottingham Road 7/18/00
BIKE PATH - PRELIMINARY ESTIMATE
NOTTINGHAM ROAD IMPROVEMENTS
QUANITIY UNIT UNIT TOTAL
PRICE COST
4.7 Install New HDPE
a. 18" 33 L.F. $45.00 $1,485.00
b. 18" End Section 2 EACH $250.00 $500.00
c. 24" 68 L.F. $50.00 $3,400.00
d. 24" End Section 2 EACH $300.00 $600.00
e. 30" 100 L.F. $60.00 $6,000.00
f. 30" End Section 10 EACH $350.00 $3,500.00
9. 84" 23 L.F. $175.00 $4,025.00
h. 84" End Section 2 EACH $1,500.00 $3,000.00
4.8 Install New Signs 5 EACH $250.00 $1,250.00
4.9 Striping 0 L.S. $0.00 $0.00
4.10 Bridge, 12'x40' 1 L.S. $30,000.00 $30,000.00
4.11 Concrete Handicap Ramp 1 L.S. $800.00 $800.00
4.12 Right-of-Way Fence 5,315 L.F. $2.00 $10,630.00
5.0 EROSION CONTROL
5.1 Erosion Bale Inlet Protection 7 EACH $175.00 $1,225.00
5.2 Silt Fence 5,600 L.F. $2.50 $14,000.00
5.3 Re-Vegetation and Landscaping 1 L.S. $30,000.00 $30,000.00
106.0 UTILITIES
6.1 Adjust Manhole Rims 0 EACH $300.00 $0.00
6.2 Adjust Gate Valves 0 EACH $200.00 $0.00
6.3 Adjust Curb Stops 0 EACH $125.00 $0.00
7.0 TRAFFIC CONTROL
7.1 Equipment and Personnel 1 L.S. $4,000.00 $4,000.00
SUBTOTAL
20% CONTINGENCY
TOTAL
C
$520,811.00
$104,162.20
$624,973.20
Nottingham Road 7/18/00
STA 0+00 TO 39+50 PRELIMINARY ESTIMATE
I I it
i f NOTTINGHAM ROAD IMPROVEMENTS
4.11 Install New HDPE
a. 18"
b. 18" End Section
c. 24"
d. 24" End Section
4.12 Install 5.5 ft Curb Inlet
4.13 Install Field Inlet
4.14 Install 4 ft Drainage Manhole
4.15 Relocate Signs/Driveway Markers
4.16 Install New Signs
4.17 Striping
4.18 Right-of-Way Fence
5.0 EROSION CONTROL
5.1 Erosion Bale Inlet Protection
5.2 Silt Fence
5.3 Re-Vegetation and Landscaping
6.0 UTILITIES
6.1 Install Poles and Light Fixtures
6.2 Install Low Level Lamps
6.3 Relocate Pole
6.4 Street Light Wiring and Conduit
6.5 Relocate Fire Hydrants
6.6 Install Fire Hydrants
6.7 Relocate Pedestals
6.8 Relocate Transformers
6.9 Adjust Manhole Rims
6.10 Adjust Gate Valves
6.11 Adjust Curb Stops
6.12 4 inch PVC Future Use Conduit
6.13 Relocate Electrical Vault
7.0 TRAFFIC CONTROL
7.1 Equipment and Personnel
QUANITIY UNIT UNIT
PRICE
TOTAL
COST
80 L.F. $45.00 $3,600.00
1 EACH $250.00 $250.00
395 L.F. $50.00 $19,750.00
6 EACH $300.00 $1,800.00
5 EACH $2,200.00 $11,000.00
4 EACH $2,000.00 $8,000.00
3 EACH $2,500.00 $7,500.00
28 EACH $150.00 $4,200.00
5 EACH $250.00 $1,250.00
1 L.S. $5,500.00 $5,500.00
0 L. F. $2.00 $0.00
8
4,000
1
14
56
1
1
2
0
2
0
12
10
7
800
1
1
EACH
L.F.
L.S.
EACH
EACH
EACH
L.S.
EACH
EACH
EACH
EACH
EACH
EACH
EACH
L.F.
EACH
L.S.
$175.00
$2.50
$30,000.00
$3,500.00
$1,500.00
$1,200.00
$30,000.00
$2,500.00
$3,500.00
$1,000.00
$2,000.00
$300.00
$200.00
$125.00
$15.00
$5,000.00
$35,000.00
$1,400.00
$10,000.00
$30,000.00
$49,000.00
$84,000.00
$1,200.00
$30,000.00
$5,000.00
$0.00
$2,000.00
$0.00
$3,600.00
$2,000.00
$875.00
$12,000.00
$5,000.00
$35,000.00
SUBTOTAL $1,201,537.90
20% CONTINGENCY $240,307.58
TOTAL $1,441,845.48
E
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Nottingham Road 7/18/00
51.
To: Honorable Mayor and Town Council
Z-
From: Bill Efting, Town Manager
Date: July 20, 2000
Re: Request to Expand Upper Eagle Regional Water Authority Board
41 ?9
_
SUMMARY: Attached is memorandum from Jim Collins explaining the request from Bachelor Gulch and
Cordillera Districts for expansion of the Upper Eagle Regional Water Authority Board. Current members
of the board include: Edwards Metro, Beaver Creek Metro, Arrowhead Metro, Eagle-Vail Metro, Berry
Creek Metro and the Town of Avon.
The Town of Avon is currently one of six voting members on the board, expanding the board to eight
voting members could possibly diminish our authority and possibly compromise our water needs. As
explained in Mr. Collins memo, he is requesting that each of the six current member's vote on this. To pass
it must be unanimous.
RECOMMENDATION: I would recommend that the Town of Avon vote no on expanding the Upper
Eagle Regional Water Authority Board and urge Mr. Collins to further explore other alternatives as
explained in his letter.
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At 1ES P. COLLIN* ? t ?' 363 986 155t'
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AOBERTG:'UOic ' ! q, y ^ r3 U Jh BOULEVARD,SU{dQc
,t PAUL C. RUFIEN dENVER, COLORADO 80228-155TELEFAX
303-986-1755
TIMOTHY J. FLYNN
E-MAIL
DEREK G. PASSARELLI CandCPC@aOl.com
MEMORANDUM
July 13, 2000
TO: Robert Warner, Jr. - Edwards Metro
Stephen B. Friedman - Beaver Creek Metro
Gil Marchand - Arrowhead Metro
Walter D. Allen - Eagle-Vail Metro
Homer Williams - Berry Creek Metro
Buz Reynolds, Jr. - Town of Avon
Dennis Gelvin, General Manager
Upper Eagle Regional Water Authority
FROM: James P. Collins
RE: Expanding Upper Eagle Regional Water Authority
Board
One of our Members asked that I review the exact procedure for considering
an expansion of the Upper Eagle Regional Water Authority Board, in response to
the request from the Bachelor Gulch and Cordillera Districts.
Remember that the UERWA is a governmental entity formed by
Intergovernmental Agreement among the five Districts and the Town. There is a
specific statutory provision allowing for the formation of Water Authorities such as
this. Those matters not restricted by statute are governed by the Intergovernmental
Agreement which establishes the Authority. Ours is the September 18, 1984
Agreement Establishing The Upper Eagle Regional Water Authority. I am taking
this opportunity to enclose a copy of that Agreement since many of you may never
have seen it. Know also that there exists the Amended And Restated Master
Service Contract dated 1-1-98.
Upper Eagle Regional Water Authority\Memosj
BOD Expansion.doc
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S U pot nlE Regional W'dtci 11oritV
JULY 13, 2000 fta) 44
PAGE 2
The applicable parts of the Establishing Agreement pertaining to the
composition of the Board of Directors are Sections 3.1 and Section 7, which I
have highlighted for your easy reference. As you can see, each
"Contracting Party" is entitled to one Director position. Therefore, in order to add
a Director, you must add a Contracting Party. Pursuant to Section 7, adding a
Contracting Party requires the unanimous consent of all existing Contracting
Parties.
If all Contracting Parties determine to approve the expansion of the number
of Contracting Parties within the Upper Eagle Regional Water Authority, then I
will craft a Resolution authorizing this, and possibly authorizing an Amendment to
Establishing Agreement dealing with the Section 7 requirement that "...a new
Contracting Party shall be assessed a capital investment fee to cover its pro rata
share of the costs of those capital assets previously purchased or constructed by the
Authority..."
If the existing Contracting Parties do not with to expand the number of
Contracting parties, there may be some other alternatives to consider, such as
establishing "Advisory Board Member" positions; establishing one Board seat for
all third party contracting participants; or creating some other form of Board
Member, Non-voting Board Member, or Advisory Board Member arrangement.
I hope this is helpful. Please let me know if questions remain.
/Jg
Enclosure
cc: /William Efting - VIA FED EX
Richard D. MacCutcheon
Larry E. Grafel
Norman Wood
Laurence F. Dunn, Jr.
Gary R. White
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AGREEMENT ESTABLISHING THE
UPPER EAGLE REGIONAL WATER AUTHORITY
THIS AGREEMENT, establishing the Upper Eagle ional
W ter Authority is made and entered into this day of
pkmLic r'1984, by-and among ARROWHEAD METRO
DISTRICT, AVON METROPOLITAN DISTRICT, BEAVER CREEK METRO-
POLITAN DISTRICT, BERRY CREEK METROPOLITAN DISTRICT, EAGLE-
VAIL METROPOLITAN DISTRICT and EDWARDS WATER DISTRICT, all
of which are quasi-municipal corporations of the State of.
Colorado, all of which are located in the County of Eagle,
Colorado, and any additional parties which may be made a
party at a later date, all of which shall hereinafter be
referred to as "Contracting Parties".
WITNESSETH
WHEREAS, each of the Contracting Parties is authorized
and empowered to supply water for domestic and other public
and private purposes by any available means, and to provide
all necessary property,-diversion worka,'reservoirs, treat-
ment works and facilities, equipment and appurtenances'in-
cident thereto; and
WHEREAS, pursuant to the provisions of the Colorado
Constitution, Article XIV, Sections 18.2(a) and (b), and
C.R.S., Section 29-1-204.2, known as the "Water Authority
Act hereinafter referred to as the "Act"), the Contracting
Parties desire to establish a Water Authority as a .separate
governmental entity to make the best practicable use of
their joint resources, to supply water to the Contracting
Parties, their inhabitants, and others, and further devel-
opment of water resources systems and facilites; and
WHEREAS, the establishment of a Water Authority by the
Contracting Parties in Eagle County, Colorado, will serve a
public purpose and will promote the health, safety, pros-
perity, security and general welfare of the inhabitants and
taxpayers of the Contracting Parties, Eagle County, and the
State of Colorado; and
WHEREAS, pursuant to C.R.S.•,.Section 32-1-1001(d), and
the Act, Contracting Parties ave the authority to enter
into this Agreement,
NOW, THEREFORE; 'in consideration of the mutual per-
formance of the covenants, agreements and promises not forth
hereinafter, the Contracting Parties agree as follows:
1. Effective Date and Term.
This Agreement shall become effective when it has
been duly executed on behalf of all:of the Contracting
Parties. The term of this Agreement shall be ten (10) years
from said effective date, and this Agreement shall be renewed.,
for additional ten (10) year terms, unless terminated by a
written notice duly executed by each of the Contracting
Parties, one hundred and eighty (180) days prior to the
anniversary of the effective date; provided, however, that
this Agreement may not in any event be terminated or re-
scinded, so long as the Authority has bonds, notes or other
'obligations outstanding, unless provision for full payment
of such obligations, by escrow or otherwise, has been made
pursuant to the terms of such obligation.
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b. equire, hold, lease (as lessor or lessee),
sell or otherwise dispose of any legal or
equitable interest in real or personal property,
including water rights, utilized for the purposes
of raw water diversion, storage transmission and
treatment, storage and distribution of treated
water. .
C. To conduct its business and affairs for the
benefit of the inhabitants of the Contracting
Parties hereto, and others, in the discretion of
the Authority's Board of Directors..
d. To enter into, make and perform contracts of
every kind with other local governmental an-
tities, the State of Colorado, or any political
subdivision thereof, the United States, or any
political subdivision thereof, and any in-
dividual, firm, association, partnership, cor-
poration or any other organization of any kind.
e. To employ agents, including but not limited to,
engineers, attorneys, architects and consultants,
and employees.
f.' To incur debts, liabilities or obligations to the
extent and in the manner permitted by law, and
borrow money and, from time to time, to make,
accept, endorse, execute and deliver bonds, notes
and other obligations of the Authority for monies
borrowed; or in payment for property acquired, or
for any of the other purposes, services or func-
tions of the Authority, as provided by law; and
to the extent permitted by law, to secure the
payment of any such obligations by mortgage,
pledge, deed, indenture, agreement or other
collateral instrument, or by other lien upon or
assignment of all or any part of the properties,
rights, assets, contracts, easements, revenues
and privileges of the Authority; provided, how-
ever, in no event shall the Authority be auth-
orized to encumber any leasehold interest in
water rights assigned or leased to the Authority
b•• a Contracting Party, unless authorized by the
Contracting Party in.its service agreement with
the Authority, after obtaining consent, if re-
quired, of Contracting Party's lessor.
9 To own, operate and maintain real and personal
property and facilities in common with others,
and to conduct joint, partnership, cooperative or
other operations with others, and to exercise all
powers granted herein in joint, partnership or
cooperative efforts and operations with others.
h. To condemn property for public use, provided such
property is not owned by any public utility and
devoted to public use pursuant to State authority.
i. To operate and administer plans for augmentation
of water rights, and keep appropriate records in
connection therewith.
J* To sue, and to be sued, in its own name.
k. To have and use a corporate seal.
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shall be an elected official of the Contracting Party, and
one or more alternate members who, in the discretion of the
Contracting Party, may be an elected official of that Con-
tracting Party to the Board of Directors. Such alternate
member shall act and vote only in the absence of the
principal member appointed by the same body.
3.3 Terms Each Director shall serve at the pleasure
of the govern ng body of the Contracting Party by whom he
was appointed.
3.4 :Vacanciess A vacancy occurring in the Board of
Directors, wet er such vacancy be the result of resigna-
tion, death, removal or disability, shall be filled in the
same manmer•of appointment or selection as provided in
Paragraph 3.2 hereof.
3.5 Compensations Directors may receive compensation
for their sere ces w t in statutory limits, if any, as may
be provided by resolution of the Board of Directors, and
the Board of Directors, by resolution, shall provide for
reimbursement to the Directors of their actual expenses
incurred on.behalf of the Authority.
3.6• Ex Officio Membersi The Manager of the Upper
Eagle Sanitation D str ct a all be an ex officio member
of the Board of Directors. Such member shall not have
the right to vote, act-on behalf of the Authority, hold
office or exercise any of the powers of the Board of
Directors, but shall act in an advisory capacity to the
Board of Directors as provided in this Agreement or as
determined by resolution of the Board.
3.7 Regular Meetinya: The Board of Directors,
from time to t met may provide, by unanimous resolution
of all the Directors, for the time and place of holding
regular meetings without notice to the Directors, other
than such resolution.
3.8 Special Meetings: Special meetings of the
Board of Directors may a called by the Chairman or any
Director, and it shall thereupon be the duty of the
Secretary to cause notice of such meeting to be given
as hereinafter provided. Special meetings of the Board
of Directors shall be held at such time and place as
shall be fixed by the Chairman or Director calling the
meeting.
3.9 Notice of Meeting's: Written notice of any
special meeting-6-f-Oie Boar of Directors shall be
delivered to each Director not less than three (3) days
before the date fixed for such meeting, either personally
or by mail, by or at the direction of the Secretary, or
upon his default, by the person calling the meeting.
If mailed, such notice shall be deemed to be delivered
when deposited in the United States mail, addressed to
the Director at his address as it appears on the records
of the Authority, with postage thereon prepaid.
3.10 Waiver: Whenever any notice is required to
be given to any Director of the Authority under the
provisions of law or this Agreement, a waiver thereof
in writing signed by such Director, whether before or
after the time stated therein, shall be equivalent to
the giving of such notice. Attendance of a 'Director at
any meeting of the Board of Directors shall constitute
a waiver by such Director of notice of such meeting,
5
? ? a - W?1 r'a pit} i•i ,? ? 1
a+Il? a
E , ' a•°t }al tier, officers sa1i Ybe elected annually 1!1}x° the Board s i
of Directors at the Board's last regularly scheduled
meeting for each calendar year. Each officer shall
hold office until the next succeeding election of the
Board of Directors, or until his successor is elected
and qualified. Vacancies or new offices may be filled
at any meeting of the Board of Directors.
4.2 Removals Any office or agent elected or
appointed ?yTe Board of Directors may be removed by
the Board of Directors, with or without cause, whenever
in its judgment the best interests of the Authority
will be served thereby.
4.3 Duties of Officerss in addition to duties
designated by e Boar o Directors, the duties of the
officers shall include the followings
a. Chairmans The Chairman shall preside at all
meetings of the Board of Directors and, ex-
cept as otherwise delegated by the Board of
Directors, shall execute all legal instru-
ments of the Authority.
b.
:th Vice-Chairmans The Vice-Chairman shall, in
e a Bence of the Chairman, or in the event
lof his inability or refusal to act, perform
the duties of the-Chairman, and when so acting,
she have all the powers of, and be subject
to all restrictions upon, the Chairman.
C. Secretar s The Secretary shall maintain the
o c a records of the Authority, including
this Agreement, by-laws, rules and regula-
tions established by the Board of Directors,
minutes of the meetings of the Board of Direc-
tors, and a register of the names and addresses
of the Directors and officers, and shall
issue notice of meetings, attest and affix
the corporate seal to all documents of the
Authority.
Id. Treasurers The Treasurer shall serve as
nanc a official of the Authority, and
pursuant to the fiscal resolution adopted by
the Board of Directors governing the finan-
cial transactions of the Authority and* the
restrictions imposed by law, be responsible
for the receipt, custody, investment and
disbursement of the Authority's funds and
securities, and for duties incident to the
office of Treasurer.
e.• Assistant Secretaries and Assistant Treasurers:
The Boar may app- nt suc ass atants as t
deems necessary and appropriate.
f. Miscellaneouss The duties and functions of
t e Secretary and the Treasurer may be per-
formed by a single-individual who shall be a
principal member of the Board. If the in-
dividual performing the duties of Secretary
is not a member of the Board of Directors,
such individual shall receive such compensa-
tion as is deemed appropriate by the Board of
Directors.
? ? ? ? ? lc , '?i as b, $ ?? , Y , ? 4 ? i ? ;? ! e ? f ? ¦
i} ?jy+ S w i 4, Q? jf t 19 ` ?, ' , g,e7 yk?{ q ?Ys y G
3 ? ?- I?tf ?-? S >.t[? 3 9! 'f !c , 5 i f I CT y.
?-
while the withdrawing Contracting Party was a party. Upon
withdrawal, a withdrawing Contracting Party shall have no
further interest, right or title in or to any assets or
equity of the Authority, and shall forfeit its status as a
"Contracting Party"•with regard to its Board of Directors
position and voting rights inherent therein, unless there is
a specific agreement to the contrary; provided, however,
that any water rights conveyed, assigned, leased or other-
wise contributed to the Authority by a withdrawing Contract
Party shall immediately vest in such Contracting Party.
B. Distribution on Termination.
8.1 Distribution of Assets: In the event of the
recission or term nat on o this Agreement and the
dissolution of the Authority, all of the assets of the
Authority shall immediately vest in the Contracting
Parties, subject to any outstanding liens, mortgages or
other pledges of such assets. The interests in the
general assets of the Authority conveyed to each Con-
tracting Party shall be that proportion which the
average annual amount of treated water sold to'each
Contracting Party bears to the average annual total
amount of all treated water sold by the Authority to
all Contracting Parties. Provided, however, that the
Contracting Parties may otherwise provide, by unanimous
agreement, for disposition of any and all interests of
the Authority to any successors to the Authority, or
for any alternative disposition among the Contracting
Parties.
8.2 Distribution of Water Rights. In the event
of the rec ss on or term nat ono this Agreement and
the dissolution of the Authority, all right, title and
interest of the Authority in any water rights of the
Authority shall, immediately vest in the Contracting
Parties as follows:
a. As to any water rights or interest therein
conveyed, assigned, leased or otherwise con-
tributed to the Authority by a Contracting
Party, such water rights shall immediately
vest in the Contracting Party which conveyed,
a asigned,'leased or otherwise contributed
such water rights to the Authority.
b. As to any other water rights of the Authority,
the interests in such water rights conveyed
to each Contracting Party shall be distributed
in accordance with the provisions of paragraph
8.1 above.
9. Execution of Contracts.
Except as otherwise provided by law, the Board of
Directors may authorize any officer or officers, agent or
agents, to enter into any contract, or execute and deliver
any instrument in the name and on behalf of the Authority.
10. Negotiable Instruments.
All checks, drafts or other orders for payment of
money and all notes, bonds, or other evidences of indebted-
ness issued in the name of the Authority shall be signed by
such officer or officers, agent or agents, employee or'em-
ployees of the Authority, and in such manner as, from time
to time, shall be determined by resolution of the Board of
Directors.
9
1l Yy ? ' ?y
'A? { 1 e .?11 'i ? ?1 wrt?f # s
F
1 s • g i
? .4 a::
?y
5 fib. Y ? _ _ '. ? q-f "+ ? '. ? ? r ? ? ? .i€.
ss;;, w s j°1ti.'. °Cezt Recove All of the Authorly's" ex U? ?''
plbrs6s iricurre n carrying out its functions,. or pro-
vidin
its s
i
g
erv
ces pursuant to paragraph 2.2 hereof,
shall be recovered by assessing to each of the Con-
tracting Parties service charges made up of the follow-
ing components:
A. Debt service, including, but not by way of
limitation, annual principal and interest
payments, and any fees and charges associated
therewith, on the Authority's outstanding
debt obligations incurred on behalf of Con-
tracting Parties. All Contracting Parties
who issue their own bonded indebtedness and
make direct capital contributions to the
Authority for acquisition or construction of
Authority assets, shall be exempt from as-
sessment of the debt service component re-
l
t
d
a
e
to such direct capital contribution.
b. Depreciation and replacement, including, but
not by way of limitation, charges for major-
repairs and replacement of capital equipment.
Charges collected shall be deposited into a
reserve fund. The depreciation and replace-
ment component shall be assessed to each
Contracting Party on a continuing-basis.
C. Operation and maintenance, including, but not
by way of limitation, cost of acquiring raw
water, administration fees, and all normally
recurring expenses incurred in the conduct of
Authority activities. The operation and
maintenance component shall be assessed to
each Contracting Party on a continuing basis.
Each Contracting Party may pay its annual pro rata
share of service charges from any funds lawfully avail-
able to said Contracting Party.
17.2 Water Rights. Each of the Contracting Parties
shall leasi-its water rights, or assign whatever in-
terests it may have to utilize water rights, to the
Authority, subject to limitations contained in existing
decrees affecting said water rights. The Authority
shall undertake to secure legal transfer of the points
of diversion of those water rights leased or assigned
to the Authority. Such hransfer shall not detrimentally
affect the water rights of any Contracting Party under
existing decrees, without prior written consent of such
Contracting Party, such consent not to be unreasonably
withheld, or in the case of a leasehold interest, con-
sent of the Lessor. Reasonable assistance required by
the Authority for such transfers shall be provided by
all Contracting Parties. As consideration for such
lease or assignment, once tranferred to the Authority's
points of diversion, the Authority agrees to administer
each Contracting Party's Plan for Augmentation or water
transfer decree and to provide whatever services are
necessary to protect all such water rights leaned or
assigned to it from legal injury.
11.3 Financin Commitment. Through its service
contract, :eac Contract n q Party shall set forth its
determination whether to participate in the :Authority's
revenue bond financing or to raise its own pro rata
capital contribution through issuance of its own bonds.
11
1.2
?ArVOt' Mk T{t0°OLITAN,5z razGx>
s t ?` N 4 w f 5. g ?? :
Pll
?, rs F d
Pre dent
ATT ST:
cratary
(SEAL)
ATTESTS 40jo J
h
secretary
j SEAL)
ATTEST:,
cretary
,(SEAL)
BEAVER CREEK METROPOLITAN
DISTRICT
By
P es ent
BERRY CREEK METROPOLITAN
DISTRICT
By/ alj(,-f4w
gas, - President
EAGLE-VAIL METROPOLITAN
DISTRICT
By
' P-diliddnt
ATT ST: U
Se a ary
(SEAL)
EDWARDS WATER DISTRICT
ATTESTS
C,
Secretary
By
Pr ent
(SEAL)
13
h 1 + r 441 de ; , ; tt °v a
- ? ? ? e -?3} ry 3 ? FJS.Y
a .F t' s
ln1iA
E OF COLORA 'f
T
DO,
r
y
?' ,
%t
e
} 5
`
x !
COUNTY OF EAGLE dr i S}
t .
0 a foregoing Agreement was acknowled ed before me this
day of , 1984, by ?_ k)!,#
th e cretary of
the e Berry rry Creek ek Metropolitan District.
Witness my hand and official seal.
Not-dry-Public
e $?t?
My Commission expires: t??__.
STATE OF CQLORADO
) as.
COUNTY OF EAGLE )
The foregoing Agreement was ac nowledged bef re mQ this
??` day of . 1984, by IN "j_jW as President an as ecretary
of the Eagle-Vail etroro tan District.
Witness my hand and official seal.
Notary Public
Add as
My Commission expires: l 4
STATE OF COLORADO )
) as.
COUNTY OF EAGLE J
e forego nq Agreement was acknowledged before me this
day of , 1984, by -Ra(orz?rl' l?'?ryr,,_Vr' .
as President and 9r- as Secretary of
the Edwards Water D str ct.
Witness my hand and official seal.
t?ck .J• Sbcj_. .
Notary Public
I? _(01
r'4?-.. (r- tiCr? .81631
My Commission expires: t
15
x 9{„ dC is
Ij!
0 TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
July 25, 2000 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
a.) Thunderbird Arts Festival/Concert Update
C UCH
3. Ordinances
a.) Second Reading of Ordinance No. 00-08, Series of 2000, An Ordinance Amending
Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices
Z PUBLIC HEARING
b.) First Reading of Ordinance No. 00-09, Series of 2000, An Ordinance Amending the Real
Property Transfer Tax i - -)`
4. Resolutions
5. Unfinished Business
0 6. New Business
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a.) Approval of the July 11, 2000 Council Meeting Minutes
b.) Financial Matters
ft?'l Resolution No. 00-34, Series of 2000, A Resolution Authorizing the Town of Avon to
Participate in the Coordinated Election of November 7, 2000
Y d.) Change Order No. 1, Final Quantities - Street Improvements
e.) Storm Drainage Improvements Design Proposal
£) Wildridge Entry Sign Proposal
12. Adjournment
® STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 25th DAY OF JULY, 2000,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 00-08, SERIES OF 2000:
An Ordinance Amending Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel
Burning Devices
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 17th day of July, 2000.
TOW-V QF AVON, COLORADO
BY:
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 17,2000:
AVON MUNICIPAL _BUILDING _IN_THE_MAIN _LOBBY __
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
11
ORDINANCE NO. 00 - 08
AN ORDINANCE AMENDING CHAPTER 15.40 OF THE AVON MUNICIPAL
CODE RELATING TO SOLID FUEL BURNING DEVICES
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 15.40.010(A) is hereby repealed and reenacted
to provide as follows:
"To protect air quality."
Section 2. Amendment. Section 15.40.010(B) is hereby repealed.
Section 3. Amendment. Section 15.40.020(A) is hereby repealed and reenacted
to provide as follows:
"'Certified gas-log fireplace' means a gas appliance equipped with an A.G.A.
and U.L. listed artificial log unit which is approved for the burning of natural
gas."
Section 4. Amendment. A new Section 15.40.020(F) is hereby added to provide
as follows:
"'Non-certified gas-log fireplace' means a wood-burning fireplace equipped
with an artificial log unit which is approved for the burning of natural gas, and
is not used for burning wood or other solid fuel."
Section 5. Amendment. The third sentence of Section 15.40.030 is hereby
repealed and reenacted to provide as follows:
"Below such elevation, certified-solid fuel-burning devices, gas appliances
and certified gas-log fireplaces shall be permitted."
Section 6. Amendment. The last sentence of Section 15.40.040 030 is hereby
repealed and reenacted to provide as follows:
"Above such elevation, certified-solid fuel-burning devices, gas appliances
and non-certified gas-log fireplaces shall be permitted."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 11 day of July , 2000, and a public hearing on this Ordinance
shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on
® the _2,5 day of jui y , 2000, at 5:30 p.m., in the Municipal Building of the
Town of Avon, Colorado.
dy Yod r, yor
0
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2000.
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
?11
2
C.
LJ
MEMORANDUM
FROM: Burt Levin
TO: Hon. Mayor and Town Council
CC: Bill Efting, Larry Brooks
RE: Amendments to Transfer Tax Ordinance
DATE: July 12, 2000
Based on the direction from Council during the July 11 th work session, the attached
amendment to the transfer tax ordinance is being introduced for passage on first reader.
11
TOWN OF AVON
ORDINANCE NO. 09
SERIES OF 2000
AN ORDINANCE AMENDING THE REAL PROPERTY TRANSFER TAX
WHEREAS, the Town Council wishes to amend the Real Property Transfer Tax, and
WHEREAS, this amendment is revenue neutral.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, that:
Subsection 3.12.070E repealed and reenacted.
Subsection 3.12.070E of the Avon Municipal Code is hereby repealed and reenacted as follows:
C
"Transfers made pursuant to reorganization, merger or consolidation of corporations,
or by a subsidiary to a parent corporation for no consideration other than cancellation
or surrender of the subsidiary's stock, or transfers made to a corporation, partnership,
limited partnership, joint venture, business trust or other association or organization,
if that association or organization is owned by the persons by whom such transfer
was made, if such owners have the same relative interests in such association or
organization as they had in the real property immediately prior to such transfer and
there is no consideration other than their respective interests in the new association."
2. Subsection P added to section 3.12.070.
A new subsection P is hereby added to section 3.12.070 of the Avon Municipal Code, to read as
follows:
"The subsequent transfer of a residence involved in a "tax free" or "tax deferred"
trade under the Internal Revenue Code wherein the interim owner acquires property
for the sole purpose of reselling that property as part of a qualified exchange and the
property is resold within 24 months after the first transfer. In these cases, the first
transfer of title is subject to the Real Property Transfer Tax and the subsequent
transfer will only be exempt as long as a transfer tax has been paid in connection with
the first transfer or such residence in such exchange. In the event the consideration
for the subsequent transfer is greater than the consideration for the first transfer,
transfer tax shall be due on such increased amount of consideration."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this _day of , 2000, and a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado on the day of
, 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado.
Judy Yoder, Mayor
Attest:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED,
this day of , 2000.
Attest:
Judy Yoder, Mayor
Kris Nash, Town Clerk
® APPROVED AS TO FORM:
Burt Levin, Town Attorney
E
2
CO_DOCS_A 56190 v 4
0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 11, 2000
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:28 PM. A roll call was taken
with Councilors Jim Benson, Michael Brown, Debbie Buckley, Rick Cuny, Mac
McDevitt and Buz Reynolds. Also present were Town Manager Bill Efting, Town
Attorney Burt Levin, Assistant Town Manager Larry Brooks, Deputy Town Clerk Cait
Hilmer, Finance Director Scott Wright, Police Chief Jeff Layman, Recreation Director
Meryl Jacobs, Town Engineer Norm Wood, Public Works Director Bob Reed,
Transportation Director Harry Taylor, Community Development Director Michael
Matzko, Engineer Anne Martens, as well as members of the public
Mayor Protem Election:
Town Attorney Levin explained the procedure for the election of Mayor Protem.
Deputy Town Clerk Hilmer distributed the ballots to all Council members.
0 Councilor Cuny nominated Buz Reynolds.
Councilor Reynolds nominated Jim Benson.
Council placed their vote. Deputy Town Clerk Hilmer tallied the votes and announced
that Buz Reynolds is the new Mayor Protem.
Real Estate Transfer Tax Appeal, 0288 West Beaver Creek Blvd. (Westlund Investments)
Mayor Yoder stated that this appeal was tabled from the June 27 meeting until tonight so
that the Council could get additional information.
Mr. Thomas McMillen of Professional Exchange, representing Westlund Investments,
stated that Westlund Investments did a Reverse 1031 Exchange, paid the transfer tax
twice on the same property and they are asking for an exemption from the second
application of the transfer tax less the difference for the improvements made to the
property.
Councilor Buckley motioned that the appeal by the applicant be granted. Councilor
McDevitt seconded the motion. The motion carried unanimously.
n
Mayor Yoder thanked Mr. McMillen for his help in clarifying the situation. She also
stated that Council will be looking at changing the regulation to accommodate the
Reverse 1031 Exchange.
Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge (Whitney Grundtisch)
Ms. Whitney Grundtisch was not present.
Finance Director Wright stated that Ms. Grundtisch had forwarded a letter to the Council
explaining her appeal. Mr. Wright stated that he thought Ms. Grundtisch was going to be
present for tonight's meeting.
Councilor Benson stated that he would like to hear from Ms. Grundtisch before making a
decision.
Councilor Curly stated that she did not follow the time table for applying for the
exemption. He questioned how long after the closing the application came in. Mr.
Wright stated that she closed on the property in August 1999 and we received the
application on April 10, 2000. Councilor Curly confirmed that if the application was
received in time, she would have been eligible for the exemption. Mr. Wright confirmed.
Mayor Yoder stated that Ms. Grundtisch did sign a document at closing stating that she
understood that Avon did not receive the application and that she agreed that she would
indemnify Stewart Title because she did not apply.
Councilor Buckley pointed out that Ms. Grundtisch was supposed to be at the last
meeting and she cancelled, and she has not shown for this meeting. She felt that this has
been a nine month process and that we should not continue to wait for her.
Councilor Benson asked to move this item to later in the meeting.
Councilor Curly stated that he will vote in favor of the appeal, but if Council wants to
wait to hear from Ms. Grundtisch that's fine.
Mayor Yoder agreed that the Council likes to help people, but they've tried to abide by
the law before and have not granted exceptions when the applicant obviously knew what
was going on. We've amended the process to make it easier for the applicant. Mr.
Wright explained that in 1997 we amended the process to provide that if they file the
application prior to the tax being paid, the title company could place the taxes into escrow
to allow the applicant time to file the application.
Councilor Benson questioned why the title company would draft such a letter for her to
sign stating that she does not get her exemption money. Mr. Benson stated that is what
he would like answered.
Town of Avon Regulaz Council Meeting
July 11, 2000
y i -
Councilor Buckley asked if the Council has denied other appeals for the timing reason.
Mr. Wright stated this is his fourth appeal he has heard in his four years with the town.
Two appeals were denied and two were granted, two that were granted were after the
ordinance was changed.
Councilor Reynolds stated that he would like to table this item until Ms. Grundtisch is
present.
Councilor Buckley stated she is opposed to tabling it since it has taken her nine months to
get to this point.
Town Attorney Levin said that the code states that if Council does not take action within
30 days of filing the appeal, then the appeal is automatically granted. However, if the
applicant is not here and the item is postponed, she is not in a position to complain.
Town Manager Efting stated that last meeting she asked for it to be tabled, she has not
done so for this meeting. That is where the 30 days could kick in.
Councilor McDevitt stated that she should be given until the end of the meeting to show
up. Council agreed to table until the end of the meeting.
Eagle River Water and Sanitation District
Mr. Rick Sackbauer of the Sanitation District approached the Council. He stated that
they have a design proposal out to bid for the waste water treatment plant for emergency
power in the odor control area. They hope to act on it later this month. He also reported
they increased the velocity on the fan that boosts the treated air up and over Avon.
Thirdly, he stated they received a call in June of an odor in the basement of the Season's
building. He reported that the odor was caused by the basement of the Season's building.
Not the waste plant.
Mr. Sackbauer stated that he was asked to come before the Council by his Board and ask
that the Council further modify the ordinance to allow for acts of God. He asked to allow
Council, his Board, and the Staff to get together to discuss wording.
Mayor Yoder stated that the Council will consider his request.
Sunridge Phase II
Mr. Rich Barnes, secretary of the condo association for Sunridge, Phase II, approached
the Council. He also introduced other Boardmembers of the association. Mr. Barnes
read a statement into the record (see Exhibit A).
11
Town of Avon Regular Council Meeting
July 11, 2000
Town Engineer Norm Wood stated that Staff did look at the alignment and alternate
routes with Sunridge representatives. Mr. Wood explained the other alternatives and why
they would not work. He further explained the proposed alignment and the privacy
issues, including installing a fence.
Councilor Benson questioned who would maintain the fence. Mr. Wood stated that
would be for negotiation, as it is not part of the bike path and would be turned back to the
property owners.
Councilor Buckley questioned when Mr. Wood started to meet with Sunridge. Mr. Wood
stated some time last fall.
Mr. Wood stated they have been talking with Sunridge for some time to resolve issues.
Most of the discussion is that they would like to see the path some where else. Mr. Wood
stated Staff does understand that, but that this is the only realistic alignment for the path.
Mr. Barnes agreed that they have discussed alternatives several times, but did not get the
final alternative until June 20. They feel they are moving in the right direction, but it
could go farther. Mr. Barnes stated the fence would not be on Sunridge's property, so it
is not their fence.
Councilor Benson asked if we are proposing to maintain the bike path. Mr. Wood said
that the path would be part of the county system. That issue is still in discussion.
Mr. Barnes proposes to move the path over 15 more feet. Mayor Yoder asked if it could
be moved. Mr. Wood explained why they are not proposing that move. Mr. Barnes
requested that the project be postponed until next year as they are pushing to start the
project in August. Mayor Yoder stated that the Town is being pushed to start in August.
Town Manager Efting suggested that we have a worksession to work things out. He said
if Council wants to keep the August schedule we have to go forward with the
condemnation papers. We can drop it at the right time. He said if it is a goal of the
Council to get the path in this fall, we must go ahead with this tonight. He said we do
have the opportunity to sit down with Norm and Burt and discuss a second appraisal.
Council agreed.
Town Manager Efting will schedule a meeting and a work session.
Ordinances:
Second Reading of Ordinance No. 00-07, Series of 2000, An Ordinance Authorizing the
Execution and Delivery by the Town of a First Amendment to a Prior Lease Purchase and
Sublease Agreement and an Official Statement; Approving the Assignment of the Town's 4D
Town of Avon Regular Council Meeting
July 11, 2000
Interest in a Contract to Purchase Real Property; Ratifying Action Previously Taken
Concerning the Referenced Transactions; and Providing Other Matters Relating Thereto
Mayor Yoder stated this is a public hearing.
Finance Director Wright introduced Mr. David Bell of Hanifen, Imhoff, who explained
the marketing of the bonds.
Mr. Bell stated that a Master Lease was created for the eleven units at Sherwood
Meadows and the public works facility. He stated that this is separate financing, but the
collateral is similar. He stated that MBIA did insure the bonds. He stated that the bonds
were marketed last week. Mr. Bell explained a handout (see Exhibit B).
There being no further comments from the public, Mayor Yoder closed the public
hearing.
Councilor Benson motioned approval of Ordinance No. 00-07, Series of 2000. Councilor
Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
•
Ordinances:
First Reading of Ordinance No. 00-08, Series of 2000, An Ordinance Amending Chapter
15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices
Community Development Director Mike Matzko stated that this ordinance makes
changes to the fireplace regulations. The issues being the ability to construct a wood
burning fireplace but install the gas logs. Our current regulations prohibit that. This
proposed ordinance allows an unlimited number of this type of fireplace above the 7,820
foot level. It makes no changes with regard to any other type of fireplace.
Councilor Curly asked if there were any penalties involved if a person took the fireplace
and turned it into a wood burning fireplace. Town Attorney Levin stated that would be in
violation of the building code and we could enforce it.
Councilor Benson motioned approval of Ordinance No. 00-08, Series of 2000. Councilor
McDevitt seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Town of Avon Regular Council Meeting
July 11, 2000
Town Manager Report:
Town Manager Efting thanked Staff for their hard work for the community picnic and the
July 4`I' celebration. He estimated 900-1000 people at the picnic.
Mr. Efting stated he will be gone Monday night and Tuesday morning.
Mayor Report:
Mayor Yoder thanked the Staff for their hard work on the July 4 h celebration and the
picnic. She also reminded everyone there will be a town picnic next July.
Other Business:
Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge
11
Ms. Whitney Grundtisch approached the Council. Ms. Grundtisch stated that this was a
misunderstanding about the transfer tax at the time of closing. She stated that she thought
the paperwork was all done and that her realtor did not inform her that she had other
business to deal with prior to the closing. She stated that she was called the day after
closing and told to come to the town to take care of the transfer tax. Ms. Grundtish
explained the events that took place.
Mayor Yoder questioned if she paid the tax. Ms Grundtisch said she did not. Council
questioned the document she signed indemnifying the title company of the transfer tax.
Council discussed the responsibilities of the title companies.
Councilor Buckley motioned to grant the appeal of the applicant. Councilor Benson
seconded the motion. The motion carried unanimously.
Consent Agenda:
a.) Approval of the June 27, 2000 Council Meeting Minutes
b.) Basketball Court Design Proposal
c.) Resolution No. 00-33, Series of 2000, A Resolution Approving and Fixing
the Particular Location of a Portion of the West Avon Bike and Pedestrian
Trail
Councilor Buckley motioned to approve the Consent Agenda. Councilor Benson
seconded the motion. The motion carried unanimously.
Town of Avon Regular Council Meeting
July 11, 2000
There being no further business to come before the Council, Councilor Benson motioned
to adjourn the meeting. Councilor Buckley seconded the motion. The motion carried
unanimously and the meeting adjourned at 6:23 PM.
RESPECTFULLY SUBMITTED:
Kris Nash, Town Clerk
APPROVED:
Jim Benson
Michael Brown
Debbie Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
n
Town of Avon Regular Council Meeting
July 11, 2000
EXHIBIT A
Issue: Countywide bike path
/4 crl--
We received, on the 2& of June, a request for an easement that would place the
bike path on or adjacent to our property. Our letter to the town council on June 22°d stated
our concerns regarding the privacy, safety, security, and the noise and traffic that the bike
path would bring into our neighborhood. We appreciate the opportunity the council has
provided us to hear our concerns first hand.
Today, and for the last 19 years, the people who live in our buildings F through J
have enjoyed the tranquillity of their backyards. Today this part of our property is lawn
that borders trees, an irrigation ditch, and the Eagle River. These buildings contain 11
units each. There are 55 families and their children that use and play in this area. The
proposed alignment of the bike path will drastically change our neighborhood for the
worst. Every person on the path will become a peeping Tom. Our children who play on
the lawn will be in danger of being hit by a person on a bicycle. Bike paths are public
thoroughfares that do not close at night. This path will provide easy and legal access for
those who wish to do mischief. I asked public works if a survey had been done as to how
many people would use the path. They said that to their knowledge no studies had been
done. We believe that 20 to 50 people an hour would not be an exaggeration. This alone
would create noise and commotion where none exists today.
We understand that the path will be on or adjacent to our property. WQ. also
understand that probably hundreds of people a day may be using this particular path. The
challenge is how to minimize the adverse affects that this path will bring onto our
community. Obviously, the further the path is located away from the buildings the less
the intrusion. In our meetings with Miss Marten and Mr. wood, we asked why the path
could not be located along the river or on the irrigation ditch. Miss Martens explained to
us that there were environmental concerns as to the number of trees that would have to be
cut down. And Miss Martens explained that it would be much more costly to put the path
along the river or on the irrigation ditch. Miss Martens did not offer to us what the
estimated price was for the construction of the path either in its proposed alignment or if
it was built on the ditch or along the river. Miss Martens also told us of a rumor she had
heard about the Arrowhead people abandoning the ditch. Miss Martens didn't think this
would happen but didn't know for sure. Public Works has never shown us any plans or
cost estimates that would align the path along the river or on the irrigation ditch. We do
not believe enough effort has been put forth to find and cost another alignment. Because,
this bike path will constitute a permanent intrusion into our neighborhood, the Town
Council must balance the adverse affects that the proposed alignment will bring to the
Sunridge Neighborhood against the cost of building the path along the river or on the
location of the irrigation ditch. We are requesting that the Town Council table any further
action on the path until the council can better balance the cost of constructing the path
along the river or on the irrigation ditch with the safety, security, privacy, and tranquillity
of this established neighborhood.
Mr. Levin has told us that he will begin condemnation proceedings against the
Sunridge Association on Friday, July 10. We received Mr. Levin's easement proposals
on the 20d' of June. This has put a time burden on the board of directors of our
Association. We are asking the Town Council to look into a new alignment to the path. If
over our objections the town council stays with the currently proposed alignment, we
then would want to discuss other alternatives to minimizing the adverse affects this path
V
has on our community. We have already spoken with Miss Martens and Mr. Wood about
a privacy fence. We would want to see a higher and longer fence than has been offered in
the easement proposals. The easement proposal does not state what materials would be
used or who would be responsible for the maintenance of a fence.
We also have problems with the appraisal. We know that the Town of Avon will
pay for a second appraisal. We did not want to order a second appraisal, at the town's
expense, until the town council rules on our request for a study of the alignment of the
path. Once the Town Council rules on our request if needed we can immediately order a
second appraisal and have our attorneys move on the easement proposals. Condemnation
proceedings will cause both the town and our association legal fees that we in good faith
can avoid. We ask the town council to table any motions for condemnation until first, the
council rules on our request for further study as to the alignment of the path, second, we
have a second appraisal done, and third we have an opportunity to negotiate an easement
agreement. Do to the fact that we did not receive the easement agreements until the 2e
of June, we believe condemnation proceedings at this time are premature.
We thank the Mayor and Town Council for giving us the opportunity to present
our concerns and requests.
11
EXHIBIT B
SOURCES AND USES OF FGtiDS `
Town of Aeon. Colorado
Certificates of Participation, Series 2000
Dated Date 08/01/2000
Delivery Date 08/21/2000
Sources:
Bond Proceeds:
Par Amount 2,345,000.00
Accrued Interest 6,867.92
Original Issue Discount -7,833.15
2,344,034.77
Uses:
Project Fund Deposits:
Project Construction Fund 1,978,082.1 1
Other Fund Deposits:
Debt Service Reserve Fund 201.257.50
Accrued Interest 6.867.92
Delivm Date Expenses:
208.125.42
E
Cost of Issuance 78.500.00
Under %-riter's Discount 21,105.00
Bond Insurance 54.000.00
153.605.00
Other l'ses of Funds:
Addit;oral Proceeds 4.222.24
2,344.034.77
LJ
Jul 6, 2000 11:00 am pared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HOU) Page 1
® BOND DEBT SERVICE
Town of Avon, Colorado
Certificates of Participation, Series 2000
E
v
Period
Ending
Principal
Coupon
Interest
Debt Service Annual
Debt Service
0& 211,2000
12,01/2000 41,207.50 41,207.50 41,207.50
06/012001 61,811.25 61,811.25
1101/2001 70,000 4.450% 61,811.25 131,811.25 193,622.50
06'01/2002 60,253.75 60,253.75
12'012002 75,000 4.650% 60,253.75 135,253.75 195,507.50
06101/2003 58,510.00 58,510.00
1-1j"0 1/2003 75,000 4.750% 58,510.00 133,510.00 192,020.00
06/012004 56,728.75 56,728.75
12/01!2004 80,000 4.750% 56,728.75 136,728.75 193,457.50
06/012005 54,828.75 54,828.75
12/012005 85,000 4.800%.. 54,828.75 139,828.75 194,657.50
06/012006 52,788.75 52,788.75
l2.Oli2O06 90,000 4.800% 52,788.75 142,788.75 195,577.50
06;01/2007 50,628.75 50,628.75
12'01/2007 100,000 4.900% 50,628.75 150,628.75 201,257.50
06;012008 48.178.75 48,178.75
12'01/2008 100.000 5.000% 48.178.75 148,178.75 196.357.50
06.01:2009 45,678.75 45.678.75
12. 0 1;2009 100.000 5.000% 45,678.75 145,678.75 191.357.50
061 01/2010 43,178.75 43,178.75
12.,01/2010 110.000 5.000% 43,178.75 153,178.75 196,357.50
06'01/2011 40,428.75 40,428.75
12.01/2011 115,000 5.100% 40,428.75 155,428.75 195.857.50
0601/2012 37,496.25 37,496.25
1201;2012 125.000 5.200% 37.496.25 162,496.25 199.992.50
0601 ,2013 34.246.25 34.246.25
12.01'2013 125.000 5.300% 34.246 25 159,246 25 193.492.50
06-01'2014 30,933.75 30,933.75
1201.2014 130.000 5.650% 30.933.75 160.933.75 191.867.50
06.01:2015 27.261.25 27,261.25
1201;2015 110.000 5.650% 27.261.25 167,261.25 194,522.50
0601/2016 23,306.25 23,306.25
12101/2016 145,000 5.650% 23,306.25 168,306.25 191.612.50
06/01 /2017 19,210.00 19,210.00
12101/2017 155,000 5.650% 19,210.00 174,210.00 193,420.00
06/0112018 14,831.25 14,831.25
12/01/2018 165.000 5.650% 14.831.25 179,831.25 194,662.50
06101 /2019 10.170.00 10,170.00
12/01/2019 175,000 5.650% 10,170.00 185,170.00 195,340.00
06/01/2020 5,226.25 5,226.25
1101i2020 185,000 5.650% 5,226.25 190,226.25 195,452.50
2,345,000 1,592,600.00 3,937,600.00 3,937,600.00
Jul 6, 2000 11 :00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HO J) Page 2
Y
BOND PRICING
Town of Avon, Colorado
Certificates of Participation, Series 2000
Maturity
Bond Component Date Amount Rate Yield Price
Serial Bonds:
12101/2001 70,000 4.450% 4.450% 100.000
12/01/2002 75,000 4.650% 4.650% 100.000
12/01/2003 75,000 4.750% 4.750% 100.000
12/01/2004 80,000 4.750% 4.780% 99.878
12/01/2005 85,000 4.800°/. 4.830% 99.854
12/01/2006 90,000 4.800°/. 4.860% 99.671
12/01/2007 100,000 4.900% 4.930% 99.811
12/01/2008 100,000 5.000% 5.000% 100.000
12/01/2009 100,000 5.000°/. 5.040% 99.698
12/01/2010 110,000 5.000% 5.080% 99.357
12/01/2011 115,000 5.100°/. 5.180°/. 99.315
12/01/2012 125,000 5.200% 5.250% 99.543
12/01/2013 125,000 5.300% 5.360% 99.426
1,250,000
Term Bond Due 2020:
12/01/2020 1,095,000 5.650% 5.680% 99.631
2.345,000
Dated Date
Delivery Date
First Coupon
Par Amount
Original Issue Discount
Production
Underwriter's Discount
Purchase Price
Accrued Interest
Net Proceeds
08/01/2000
08/21/2000
12/01/2000
2.345,000.00
-7.833.15
2,337,166.85 99.665964%
-21.105.00 -0.900000%
2,316.061.85 98.765964%
6,867.92
2,322,929.77
E
C
Jul 6, 2000 11 :00 am Prepared by Hani fen, Imhoff ( 4.300 SWestoo:AVON-2000HOU) Page 3
BOND SUNIMARY STATISTICS
Town of Avon, Colorado
Certificates of Participation, Series 2000
Dated Date 08/01/2000
Deliverv Date 08/21/2000
First Coupon 12/01/2000
Last Maturity 12/01/2020
Arbitrage Yield 5.724027%
True Interest Cost (TIC) 5.834221%
Net Interest Cost (NIC) 5.539617%
All-1n TIC 6.257911%
Average Coupon 5.440756%
Average Life (years) 12.427
Duration of Issue (years) 8.427
Par Amount 2,345,000.00
Bond Proceeds 2,344,034.77
Total Interest 1,592,600.00
Net Interest 1,621,538.15
Total Debt Service 3,937,600.00
Maximum Annual Debt Service 201,257.50
Average Annual Debt Service 193.844.32
Underwriters Fees (per $1000)
Average Takedown
Other Fee 9.000000
Total Underwriter's Discount 9.000000
Bid Price 98.765964
Par Average Average
Bond Component Value Price Coupon Life
Serial Bonds 1,250,000.00 99.697 5.040% 7.974
Term Bond Due 2020 1,095,000.00 99.631 5.650% 17.511
2,345,000.00 12.427
0
Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff
( 4.300 SwestcoAVON-2000HOU) Page 4
BOND SUMN ARY STATISTICS
Town of Avon, Colorado
Certificates of Participation, Series 2000
All-in Arbitrage
TIC TIC Yield
Par Value 2.345,000.00 2,345,000.00 2,345,000.00
+ Accrued Interest 6,867.92 6,867.92 6,867.92
+ Premium (Discotmt) -7,833.15 -7,833.15 -7,833.15
- Underwrite.'s Discount -21,105.00 -21,105.00
- Cost of Lssuance Expense -78,500.00
- Other Amounts -54,000.00 -54,000.00 -54,000.00
Target Value 2,268,929.77 2,190,429.77 2,290,034.77
Target Date 08/21/2000 08/21/2000 08/21/2000
Yield 5.834221% 6.257911% 5.724027%
C7
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Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HOL) Page 5
NET DEBT SERVICE
® Town of Avon, Colorado
Certificates of Participation, Seri es 2000
Period Total General Debt Service Net
Ending Debt Service Fund Reserve Fund Debt Service
12101/2000 41.207.50 6,867.92 3,200.01 31,139.57
12/01/2001 193,622.50 11,520.04 182,102.46
12/01/2002 195,507.50 11,520.04 183,987.46
12/01/2003 192,020.00 11,520.04 180,499.96
12/01/2004 193,457.50 11,520.04 181,937.46
12101/2005 194,657.50 11,520.04 183,137.46
12/0112006 195,577.50 11,520.04 184,057.46
12/01/2007 201,257.50 11,520.04 189,737.46
12/01/2008 196,357.50 11,520.04 184,837.46
12/01/2009 191,357.50 11,520.04 179,837.46
12/01/2010 196,357.50 11,520.04 184,837.46
12/01/2011 195,857.50 11,520.04 184,337.46
12/01/2012 199,992.50 11,520.04 188,472.46
12Y01/2013 193,492.50 11,520.04 181,972.46
12101/2014 191,867.50 11,520.04 180,347.46
12/01/2015 194,522.50 11,520.04 183,002.46
12/01/2016 191,612.50 11,520.04 180,092.46
12/01/2017 193,420.00 11,520.04 181,899.96
12:01 /2018 194.662.50 11, 520.04 183,142.46
1:1.01/2019 195.340.00 11,520.04 183.819.96
12/01/2020 195,452.50 212,777.54 -17.325.04
3.937,600.00 6,867.92 434,858.31 3,495,873.77
Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 SwestcoAVON-2000HO1J) Page 6
I I 6P'
11
C O L O R A D O
FINANCIAL MATTERS
July 25, 2000
1. Detail - Building Activity Report
2. Detail-Real Estate Transfer Taxes-2000
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
Post Office Box 975
Benchmark Road
i. Colorado 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
Town of Avon 970-748-4030
P.O.Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Permit Tally Printed:7/5/00
Pagel of 1
For: June, 2000
Permit Purpose:
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 13 Construction Value: $268,256.16
# of Bldgs: # of Units: Permit Charges: $18,392.50
Permit Purpose: Build Multi-Unit Housing
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $1,098,081.56
# of Bldgs: 1 # of Units: 4 Permit Charges: $11,974.77
Permit Purpose: New SF Residence
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $509,711.32
# of Bldgs: 1 # of Units: 1 Permit Charges: $6,610.22
Permit Purpose: Repair/Remodel Comm/Indust
Public: Bldg. Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $10,034.72
# of Bldgs: # of Units: Permit Charges: $366.30
Totals:
Public: C onstruction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 16 Construction Value: $1,886,083.76
# of Bldgs:2 # of Units: 5 Permit Charges: $37,343.79
1
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2000
Purchaser Amount of RETT
Name Property Received
$728,228.87
Spillane Lakeside Terrace Timeshares 200.00
Reutzel Lakeside Terrace Timeshares $200.00
P.O.C Realty Inc Christie Lodge Timeshares $3,073.00
Gustafson Bridgewater Terrace #A2 3,904.10
P.O.C. Realty Inc Lakeside Terrace Timeshares 2,369.60
Vistana Lakeside Terrace Timeshares 1,609.90
P.O.C. Realty Inc Lakeside Terrace Timeshares 6,178.20
P.O.C. Realty Inc Lakeside Terrace Timeshares 3,100.30
P.O.C. Realty Inc Lakeside Terrace Timeshares 489.90
Aptic Service Center Lakeside Terrace Timeshares 3,492.91
Carroll Canyon Run #303 3,340.00
Reger Mountain Star Lot 63 12,500.00
ECS Construction Lot 18 Blk 3 WR 4,940.00
Hebert Lot 28 Blk 4 WR 9,800.00
Chicoine Vail Avon Commercial Pk 3,570.00
Baker Benchmark #A4 1,040.00
P.O.C. Realty Inc Christie Lodge Timeshares 2,658.60
Highland Rental Property Snowberry Townhomes #46D 4,950.00
Highland Rental Property Snowberry Townhomes #46C 4,950.00
Highland Rental Property Snowberry Townhomes #46A 4,950.00
Highland Rental Property Snowbeny Townhomes #46B 4,950.00
P.O.C. Realty Inc Christie Lodge Timeshares 180.00
1
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2000
Purchaser Amount of RETT
Name Property Received
Eagle County Title Falcon Pointe Timeshares 92.00
Hawken Brookside #201 9,700.00
Ford Brookside #204 10,590.00
Meller Lot 80 Blk 1 WR 5,940.00
Huttner Lot 26 Bik 2 WR 11,600.00
Mcneill Lot 43 Blk 1 WR $9,340.00
P.O.C. Realty Inc Lakeside Terrace Timeshares $979.90
P.O.C. Realty Inc Lakeside Terrace Timeshares $629.80
Miller Seasons #409 $4,370.00
Miller Lot 79 Bik 1 WR $3,000.00
Land Title Guarantee Co Falcon Pointe Timeshares $469.80
Dantas Lot 69 Blk 1 WR $3,500.00
Hoff/Burris Lot 33 Blk 2 BMBC 7,290.00
Land Title Guarantee Co Falcon Pointe Timeshares 570.00
Ferguson Mountain Star Lot 87 19,700.00
P.O.C. Realty Inc Lakeside Terrace Timeshares 3,739.20
Wilson Lot 66 Blk 3 WR 12,800.00
P.O.C. Realty Inc Christie Lodge Timeshares 2,462.30
P.O.C. Realty Inc Christie Lodge Timeshares 1,497.70
P.O.C. Realty Inc Chrisitie Lodge Timeshares 2,569.10
P.O.C. Realty Inc Christie Lodge Timeshares 995.30
P.O.C. Realty Inc Lakeside Tern-ace Timeshares 260.00
Miller Lot 74B Blk 1 4,300.00
I
2
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2000
Purchaser
Name
Property Amount of RETT
Received
Schneider Lot 56 Blk 4 WR 4,350.00
Bradent Lot 18 Blk 1 WR 2,800.00
P.O.C. Realty Inc Lakeside Terrace Timeshares 1,457.24
P.O.C. Realty Inc Lakeside Terrace Timeshares 710.36
Dike Lot 51 B Blk 1 BMBC 4,800.00
Pomper Avon Lake Villas #5 4,460.00
O'Hern Avon Crossing #4304 1,150.00
Total Through June $946,798.08
•
.7
3
TOWN OF AVON
SALES TAX BY MONTH
1996 95'-96'% 1997 96'-97'% 1998 97'-98'% 1999 98'-99'% 2000 991-0010/0 Total 5-
Change Change Change Change Change % Increase
January 332,198,39 6.07% 377,597.32 13.67% 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -0.55% 8.29%
February 327,012.10 10.25% 362,516.58 10.86% 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 21.49%
March 407,980.62 9.10% 468,675.51 14.88% 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 12.03%
April 252,927.51 11.46% 265,356.48 4.91% 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 33.27%
May 222,069.74 10.58% 241,012.56 8.53% 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 28.87%
June 298,113.41 11.31% 313,116.79 5.03% 337,562.03 7.81% 395,755.68 17.24% - -100.00% -100.00%
July 335,119.67 1715% 353,101.99 5.37% 370,086.73 4.81% 395,954.38 6.99% -100.00% -100.00%
August 324,451.49 13.80% 338,134.48 4.22% 363,110.96 7.39% 366,648.94 0.97% -100.00% -100.00%
September 302,523.86 12.68% 319,410.91 5.58% 333,508.38 4.41% 364,432.54 9.27% -100.00% -100.00%
October 266,050.77 19.56% 263,685.99 -0.89% 305,035.11 15.68% 295,541.62 -3.11% -100.00% -100.00%
November 285,178.12 9.28% 339,200.41 18.94% 335,07159 -1.22% 320,335.28 -4.40% -100.00% -100.00%
December 509,177.82 14.39% 533,904.08 4.86% 550,077.22 3.03% 564,813.35 2.68% -100.00% -100.00%
YTD Total 3,862,803.50 12.04% 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 1,837,346.20 0.65% -29.06%
YTD Through May Collections 1996-2000
1,850,000.00
1,800,000.00
1,750,000.00
1,700,000.00
1,650,000.00
1,600,000.00
1,550,000.00
1,500,000.00
1,450, 000.00
1,400,000.00
1,350,000.00
Year
Monthly Collections for May 1996-2000
300,000.00
I
250,000.00
I
200,000.00
150
000
00
.
, r
100,000.00
s k
J "`
yy '
50,000.00 t
A
, ?
i7,
996
1 1 1997 1998 1999 2000
l
1996 1997 1998 1999 2000
k
R
TOWN OF AVON
ACCOMODATIONS TAX BY MONTH
1996 95'-96'% 1997 96'-97% 1998 97'-98% 1999 981-99% 2000
Change Change Change Change
January 37,787.01 -6.65% 39,958.27 515% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92
February 42,386.61 10.86% 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10
March 55,882.23 5.26% 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82
April 11,890,97 8.18% 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11
May 6,70317 23.14% 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27
June 12,633.34 -1.61% 13,982.39 10.68% 12,609.03 -9.82% 14,958.28 18.63% -
July 19,949.49 18.21% 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32%
August 20,391.40 32.67% 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% -
September 13,093.39 -2.35% 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54%
October 10,832.98 13.95% 8,819.05 -18.59% 8,31536 -5,71% 7,258.16 -12.72%
November 12,824.84 -12.55% 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03%
December 33,623.20 6.25% 40,000.05 18.97% 32,602.89 -18.49% 25,606.29 -21.46%
YTD Total 277,999.23 5.88% 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 115,176.22
99'-00% Total5-Yr
Change % Increase
-3978% 1.54%
-13.05% 3.27%
0.87% -20.86%
-12.43% 5.61%
-6.62% 12.37%
-100.00% 16.50%
-100.00% 25.14%
-100.00% 7.05%
-100.00% -23.18%
-100.00% -23.65%
-100.00% -46.20%
-100.00% -19.09%
-16.44% -8.05%
YTD Through May Collections 1996-2000
180,000.00
160,000.00
140,000.00
120,000.00 -
100,000.00 -
80,000.00 -
60,000.00 -
40,000.00 -
20,000.00 -
Monthly Collections for May 1996-2000
9,000.00
8,000.00
7,000.00
6,ooa.00
5,000.00
4,000.00
3,000.00
2,000.00
1,000.00
1996 1997 1998 1999 2000
Year
1996 1997 1998 1999 2000
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TO: Hon. Mayor and Council Members
FROM: Burt Levin
CC: Bill Efting
RE: Resolution concerning November 7, 2000 election
DATE: 07/17/00
The November 7, 2000 general election will be coordinated by the Eagle County
Clerk (Sara K. Fisher). Ms. Fisher will be presenting us with a draft of an Intergovernmental
Agreement between the Town and the County at least 60 days before the election, as required
by § 1-7-116(2), which provides:
(2) The political subdivisions for which the county clerk and recorder
will conduct the coordinated election shall enter into an agreement with the
county clerk and recorder for the county or counties in which the political
subdivision is located concerning the conduct of the coordinated election. The
agreement shall be signed no later than sixty days prior to the scheduled
election. The agreement shall include but not be limited to the following:
(a) Allocation of the responsibilities between the county clerk and recorder
and the political subdivisions for the preparation and conduct of the
coordinated election; and
(b) Provision for a reasonable sharing of the actual cost of the coordinated
election among the county and the political subdivisions. For such purpose,
political subdivisions are not responsible for sharing any portion of the usual
costs of maintaining the office of the county clerk and recorder, including but
not limited to overhead costs and personal services costs of permanent
employees, except for such costs that are shown to be directly attributable to
conducting coordinated elections on behalf of political subdivisions.
The attached resolution authorizing the Town to participate in the coordinated
election run by the Ms. Fisher satisfies another section of the Election Code, § 1-7-116(5)
C.R.S., which provides:
(5) If, by one hundred days before the election, a political subdivision has
taken formal action to participate in a general election or other election that
will be coordinated by the county clerk and recorder, the political subdivision
shall notify the county clerk and recorder.
"54
ki,,i OWTIOIV
SERIES OF 2000
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN THE
COORDINATED ELECTION OF NOVEMBER 7, 2000
WHEREAS, § 1-7-116(5), C.R.S. provides that "If, by one hundred days before the
election, a political subdivision has taken formal action to participate in a general election or
other election that will be coordinated by the county clerk and recorder, the political
subdivision shall notify the county clerk and recorder."
WHEREAS, the Town of Avon wishes to take this formal action to participate in the
coordinated general election of November 7, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon hereby takes this formal action to participate in the
coordinated general election of November 7, 2000.
ADOPTED this - day of , 2000.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
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Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ?i
From: Norm Wood, Town Engineer '
Anne Martens, Engineer
Date: 7/20/00
Re: 2000 Street Repair and Improvements
Change Order Number One - Adjustment for Final Quantities
Summary: B & B, Excavation, Inc. has completed all work included in the Contract for the
2000 Street Repair and Improvements. Change Order Number One adjusts the Contract
Amount to conform to the actual quantities of work completed with the project. The net effect
of this Change Order is to increase the Total Contract amount by $13,425.59 from
® $67,200.00 to $80,625.59. This increase is within the current Street Repair and
Improvements Project Budget of $90,000.00.
Discussion: Work in the 2000 Street Repair and Improvements Contract with
corresponding Contract Amounts and changes per Change Order Number One, are as
summarized as follows:
CO Number One - This change order is for actual quantities for the 2000 Street
Repair and Improvements. Actual increased quantities included; additional asphalt,
additional traffic control, road base for the shoulders and adjustments to manholes.
The net impact of the changes is to Increase the Contract Amount by $13,425.59
from $67,200.00 to $80,625.59. This increase is within the Capitol Improvement
Budget. Attached is a detail of quantities changed.
Financial Implications: This Change Order increases the Total Contract amount by
$13,425.59 from $67,200.00 to $80,625.59. All of the work is within the original budgeted
amount of $90,000.00 for Street Repair and Improvements.
Recommendations: It is recommended that Change Order Number One, to Contract for
2000 Street Repair and Improvements with B & B Excavating, Inc. be approved, increasing
the Contract Amount by $13,425.59 from $67,200.00 to $80,625.59.
Town Manager Comments:
?0
C:\Documents\Street Improvements 98\CO #1.Doc
CHANGE ORDER
1
Order No.: 1
Date: 7/20/00
Agreement Date: 3/3 1/00
NAME OF PROJECT: Town of Avon, 2000 Street Repair and Improvements
OWNER: Town of Avon
CONTRACTOR: B & B , Excavating, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Additional Paving in Wildridge
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
$13,425.59
$67,200.00
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $67,200.00.
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(deez ease by
$13,425.59.
The new CONTRACT PRICE including this CHANGE ORDER will be $80,625.59.
Change to CONTRACT TDAE:
The CONTRACT TIME will be (increased)(deer-eased) by 0 calendar days.
The date for completion of all work will be September 4, 2000 (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
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B & B EXCAVATING, INC.
CONTRACTOR APPLICATION FOR PAYMENT DETAIL SHEET
Owner.. ; .awn of Avon Date : June 30, 2000 Contract Dated : 06/12/2000
Project': 2-000 Street Repairs & Improvements Application No. Ol
Engin(~' : Town Engineer B&B Project No. 3299.20 Attn : Anne
Cost Item
Est.
Unit
Contract PREV PAY REQ.
THIS
PERIOD
TOTAL TO DATE
Code
Description
Qty.
Unit
Price
Value QTY. AMOUNT
QTY.
AMOUNT
QTY. AMOUNT
AREA I
1
Mobilization
1
LS
2800-
2800.00.
100%
2800.00
100%
2800.00
2
Traffic Control
1
LS
2400
2400.00
100%
2400.00
100%
2400.00
3
HBP - SX
1520
TON
37.5
57000.00
1520
57000.00
1520
57000.00-
4
Manhole Adjustments
10
EA
90
900.00
10
900.00
10
900.00
.5
~s
valve Box Adjustment
1
EA
65
65.00
1
65
00
1
65
00
Shoulder Reconditioning
8070
LF
0.5
4035.00
8070
.
4035.00
8070
.
4035
00
~
SUBTOTAL
67200.00 0.00
67200.00
.
67200.00
Change Orders / Extra Work
#2
Traffic Control overrun
528.71
528.71
528.71
t,. A3
HBP • overrun
334.85
TON
37.5
12556.88
334.85
12556.88
334.85
12556.88
44
Manhole • overrun
3
EA
90
270.00
3
270.00
3
270.00
"
Shoulder - overrun
140
LF
0.5
70.00
140
70.00
140
70.00
TOTAL
_
80625.59 0.00
80625.59
80625.59
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To: Honorable Mayor and Town Council -Z ?__
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer7?_?
Date: July 18, 2000
Re: Storm Drainage Improvements
Design Services Proposal
Summary: We received four proposals for engineering design services
in response to the attached Request for Proposals for Storm Drainage Improvements /
Design Services dated July 5, 2000. All proposals received were in general conformance
with the Request for Proposals and the fee portion of the Proposals are summarized as
follows:
Sear-Brown (Estimated) $ 24,600
Benchmark Engineering Services (Fixed Fee) $ 25,960
Inter-Mountain Engineering, Ltd. (Not to Exceed) $ 27,580
Marcin Engineering, LLC (Estimated) $ 38,366
Complete copies of these Proposals are available in the Town Clerk's Office for those that
are interested in reviewing them.
All Proposals are in general conformance with the Request for Proposals. The primary
difference in the proposals seems to be the experience and capabilities of the proposed
design teams and basic familiarity of the teams with existing conditions and expectations.
The level of detail and clarity of the services to be provided also varied between the
Proposals. I have attempted to rate the various proposals, proposed design team
qualifications and proposed services separate from the fee proposals. Based on this
evaluation, the Proposal from Inter-Mountain Engineering was rated significantly higher
than the others primarily due to the relative strength of the Design Team and knowledge of
the local conditions. Sear-Brown submitted the second rated proposal, which was rated
highest on firm and design team strength, but lowest on knowledge of local conditions and
local coordination through the design process. A summary of this evaluation is attached.
I:\Fngtneamg\cIPStmm ter\Z.2Engtt cermg\Reoonmu nation Memo-Doc
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s.1`t11at the Project budget was $2 5r; - 5..?iseently, if is n(yt
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surprising that three of the four proposals are very close to this aih'ount. Consequently, ?A
believe that fee should not be a major consideration in selection of a firm for this work.
We believe the selection should be based on the strongest proposal considering all factors
including the best combination of firm and team strength, proposal strength and clarity, and
knowledge of local conditions and coordination.
Based on this analysis, the recommendation is approval of the Proposal submitted by Inter-
Mountain Engineering, Ltd., for Storm Drainage Improvements / Design Services for a Fee
Not to Exceed $ 27,580.00.
Financial Implications: The $ 25,000 Budget for this Project is included in
the Water Fund under Preliminary Design line item. Other line item expenses in the Water
Fund Budget can be reduced to cover the $2,780 additional cost without a Budget
Amendment.
Recommendations: Approve the Proposal submitted by Inter-Mountain
Engineering, Ltd. in response to the Town's Request for Proposals, dated July 5, 2000, for
Storm Drainage Improvements / Design Services with a Base Services Fee not to exceed
$ 27,580.
Town Manager Comments:
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PROPOSAL E.,,LUATION
STORM DRAINAGE IMPROVEMENTS / DESIGN SERVICES
Received 3:00 PM, July 17, 2000
Sear - Brown Group Marcin Engineering Inter-Mountain Eng.
Check List (0-1)
A. Organization
1
1
1
B. References
1
1
1
C. Project History
1
1
1
D. Personnel Summary
1
1
1
E. Work Product
1
1
1
F. Separate Cost Proposal
1
1
1
G. EEO Compliance
1
1
1
H. Applicable Services Offered
1
1
1
1. Otherwise Qualified
1
1
1
Organization (1 - 4)
A. Strength
4
2
3
B. Qualifications
4
2
3
C. Local Knowledge
1
3
4
Scope of Services (1 - 4)
A. All Engineering & Design Services
2
1
4
B. Supplemental Surveying
2
1
3
C. Review & Presentation - Existing Conditions
2
1
4
D. Identify Required Permits
3
2
4
E. Preliminary Cost Estimates / Phase
3
1
4
F. Existing & Potential Regulations
3
2
4
G. Potential Funding Sources
3
2
4
H. Phased Proposal
3
1
4
Total Rating Points
39
27
s0
Cost of Services
$ 24,600
$ 38,366
$ 27,680
Note:
Estimated Fee
Estimated Fee
Not to Exceed
RFP Eval-1.xls
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PROJECT: Storm Drainage Improvements / Design Services
CLIENT: Town of Avon
c/o Norman Wood, Town Engineer
P.O. Box 975
500 Swift Gulch Road
Avon, CO 81620
DATE: July 5, 2000
PART ONE: INFORMATION FOR PROPOSERS
1.01 SUBMISSION OF PROPOSAL
Proposals will be received until 3:00 PM, Local Time, July 17, 2000 at:
Town of Avon Public Works Office
Attn: Norm Wood, Town Engineer
PO Box 975
500 Swift Gulch Road
Avon, CO 81620
Proposals must be sealed and labeled "Proposals - Storm Drainage Improvements -
Design Services". Ten copies of the proposal are required.
Any proposal not received at the Public Works Office prior to the time set in this request
shall be disqualified.
1.02 OPENING OF PROPOSALS AND SELECTION
Proposals will be opened and evaluated by the Town after the final date set for receipt.
The Town may require selected proposers considered for award to make oral presentation
to the Avon Town Council. The successful proposer (also referred to herein as
Contractor) will explore options with the Town, that will identify potential erosion and
stormwater control problems along portions of Metcalf and Buck Creek drainage ways
and develop a prioritized improvement plan and cost estimate to correct identified
problems. The areas to be evaluated include the Metcalf Drainage Way from intersection
of Metcalf and Wildwood Road to the Eagle River and the Buck Creek Drainage Way
from the south side of Interstate-70 to the Eagle River. The final products to be delivered
to the Town will include a report evaluating existing stormwater flow and erosion
conditions, recommendations for correcting identified problem areas, a prioritized list of
I:\Engineering\CI P\Stormwater\2.2Engineedng\RFP-Design.doc
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recom-nendeP iri-rovement,, prel nliTlary puns apd`?,ost estimates to implement c1
recommended improvements and' pc l chtial sources of fund8 to construct 'im?ro? Ements.
Proposal shall be based upon utilization of Town of Avon Master Drainage Study,
September 1994, prepared by Inter-Mountain Engineering, Ltd. for base information.
Proposal shall include any supplement mapping required to complete report and
preliminary plans and cost estimates. It is anticipated that the report, preliminary plans
and cost estimates will be used to develop project budgets and final designs for
construction of phased projects implementing the recommended improvements.
1.03 REJECTION OF PROPOSALS
The Town reserves the right to reject any and all proposals. It also reserves the right to
waive any informalities in connection with the proposals.
1.04 ACCEPTANCE OF PROPOSAUPROPOSED TIMETABLE
Within sixty (60) days after the final submission date for proposals, the Town will act
upon them. The successful Proposer will be requested to enter into negotiations to
produce a contract for services. This Request for Proposal will be attached and
incorporated into the contract. The Town reserves the right to terminate negotiations in
the event it deems progress toward a contract and timely completion of work to be
insufficient. Criteria for selection will include, but not necessarily be limited to, costs for
services, the Proposer's approach or proposed method to complete the work, education
and experience of all professional personnel assigned to the project, previous experience
with similar projects, ability to perform work on schedule and within budget, and
geographic proximity (or ability to serve this project from Proposer's officelservice
location).
Tentative Proposal and Project Timetable
RFP Issue Date July 5, 2000
Pre-Proposal Meeting - Avon Municipal Building -1:30 PM July 10, 2000
Proposals Due by 3:00 PM July 17, 2000
Town Council Awards Contract for Design Services July 25, 2000
Supplemental Mapping & Field Evaluation Complete August 31, 2000
Evaluation & Recommendations Summary Complete September 15, 2000
Town Council Review - Evaluation & Recommendations September 26, 2000
Public Presentation - Evaluation & Recommendations October 12, 2000
Final Report, Preliminary Design & Cost Estimates Complete November 3, 2000
Town Council Review - Final Report November 14, 2000
1:\Engineering\C I P\Stormwater\2.2Engineering\R FP-Design.doc
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The Town is not liable for costs incurred by proposers prior to the award of the contract,
or at any time after the award of the contract for any costs related to the preparation or
response requirements of the RFP.
1.06 PAYMENT
Payment will be made as set out in Part Two, on the basis of invoices submitted to the
Town. Payment shall be only for work satisfactorily completed.
1.07 CONTRACT DOCUMENTS
The contract shall consist of the contract instrument as negotiated and this Request for
Proposal and Proposer shall be governed by the terms of this Request for Proposal as fully
as if those terms were expressly set forth in the contract instrument.
1.08 LIMITATIONS ON CONTRACT TYPE
The Town will not accept proposals for the purchase of service based upon a cost plus
percentage of cost formula. Lump sums and cost. plus fixed fee not to exceed are allowed.
This rule will not be waived.
1.09 INFORMATION TO BE SUBMITTED
Failure to submit any required data item may be cause for rejection. Proposers may
submit such other data as they deem appropriate, however, voluminous or overly
elaborate proposals are discouraged.
PROPOSAL INFORMATION SHALL INCLUDE:
A. ORGANIZATION DESCRIPTION
Provide a short resume of the organization. Include types of similar
services/products performed/provided by the firm.
B. REFERENCES
Provide a list of references and phone numbers that may be contacted regarding
firm performance.
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PROJEC VISTOR'Y
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Provide a description of experience your firm has had with projects similar to the
one described herein. Include contact person name and phone number, other than
members of your firm that can be contacted regarding this project.
D. ORGANIZATION PROFILE
Provide a personnel summary of those individuals you would expect to be assisting
during this project, and the percentage of project for which each will be
responsible.
E. STATEMENT OF WORK AND PRODUCT
An outline delineating the specific tasks to be performed indicating what will be
done, in what sequence, and by whom. The statement of work should include a
schedule which indicates how long each task will require, and when client meetings
will be held. Provide a clear statement of the final product.
F. LIST OF SERVICE COSTS
The firms shall provide a current rate schedule for all those elements that will be
involved in this project. These rates shall remain in effect fbr the duration of this
project.
The cost proposal must be sealed and separately labeled from the rest of the
proposal, and include costs on completion of the project, including professional
fees, subconsultants, reimbursable and all other costs incidental to the project.
1.10 STANDARDS AND EVALUATION FACTORS FOR AWARD
A contract will be awarded only to responsible prospective proposer. In order to qualify,
a proposer must meet the following standards as they relate to this Request for Proposal.
Have an established record of performance in:
A. Involvement Process
This design is expected to include input from the General Public, Town Staff, the
Planning and Zoning Commission and the Town Council.
B. Design and Cost Estimating
1. Municipal, street, utilities and drainage design
2. Construction cost estimating.
Construction plans, specifications, contract documents and bid forms.
I:\Engineering\CI P\Stormwater\2.2Engineering\R F P-Design.doc
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C. Be an equal opportunity employer.
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D. Offer registered professional services directly applicable to the scope of work
required in this RFP.
E. Be otherwise qualified and eligible to receive an award under applicable laws and
regulations.
The Town intends to negotiate a contract with the Proposer whose firm, qualifications,
approach and proposed cost instill the highest confidence level.
PART TWO: GENERAL INFORMATION
2.01 SCOPE OF WORK
The work to be performed under this contract consists of the furnishing of all labor,
equipment, materials, expertise, tools, supplies, insurance, and providing all engineering
and related design services for evaluation of existing conditions and data, development of
a report summarizing evaluation and development of recommendations for phased
improvements complete with preliminary designs',and cost estimates, through a public
input process, for the Town of Avon Stormwater ! Erosion Control Project.
2.02 DUTIES OF PROPOSER
Proposer shall diligently undertake and perform all work required by the contract.
Proposer agrees to devote the number of persons and level of effort necessary to perform
and complete the work in a timely manner. All work done will be performed to the
highest professional standards and will reflect the thoroughness, attention to detail, and
application of knowledge expected of professional contractors in the field.
2.03 OBTAINING DATA
It shall be the Proposer's sole responsibility to obtain all data necessary to complete the
work in a timely manner. Town shall make any data in its possession that is relevant to
Proposer's activity, available to Proposer upon request. Requests shall specify the type of
information sought, and the period for which the data is required; however, the Proposer
may not require Town to seek reports from other agencies or to prepare original research.
It shall be the Proposer's duty to discover and obtain data, research and reports prepared
by public or private sources other than Town from the custodian. Town does not vouch
for the accuracy of any data other than its own. Data furnished by Town shall be
considered accurate only for the purpose for which it was originally gathered. Proposer
shall be solely responsible for any conclusions drawn from the data.
i:\Engineering\C I P\Stormwater\2.2Engineering\RFP-Design.doc
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The Town reserves the right to order changes in the work within the general scope of the
project. The project manager or his designee shall order changes in writing. In the event
Proposer encounters circumstances which it believes warrants a change in the price,
quality, quantity or method of performing work, it shall notify the project manager of the
circumstances in writing. No change in work shall be undertaken until authorized in
writing by the Town. Either party shall be entitled to an equitable adjustment in the
contract price for changed work. It shall be Proposer's sole responsibility to notify the
project manager in advance, in writing, of any work that it considers to be changed or
extra. Failure to do so, and to provide and to receive approval before processing, shall
waive any claim for additional payment.
2.05 CARE OF PUBLIC AND PRIVATE PROPERTY
Proposer shall obtain any permission required prior to entering upon private property to
perform any task required. In the event Proposer is denied access to private property,
Proposer shall immediately notify the project manager and give the location to which
access was denied, the name of the person who denied access, the reason access was
denied, the reasons access was sought and any alternative site that may be used for the
same purpose. Town shall thereupon endeavor to assist Proposer in gaining any required
access.
Proposer shall at his expense carefully protect from injury trees, shrubs, buildings, fences,
utilities, structures, pipes, conduits and personal property, public or private, which may be
affected by the work. Proposer shall be liable for any damage done through its fault or
that of its subcontractors and shall restore any damaged property to the same or better
condition as it was prior to Proposer's interference.
2.06 PAYMENTS
Proposer shall invoice Town monthly for all work done. Invoices shall itemize the work
accomplished during the payment period by hours of classification and subcontractor
charges to date of invoice. Approved invoices are paid within thirty days of presentation.
2.07 TERMINATION FOR CONVENIENCE
The Town shall have the right to terminate this contract for convenience at any time prior
to completion. Written notice of such termination shall be mailed to Proposer at its
address on file with the Town. Termination shall be effective ten (10) days from the date
notice is mailed. Upon receipt of notice of termination, Proposer shall immediately stop
work and terminate all subcontracts. Upon either termination for convenience or
curtailment, Proposer shall be entitled to receive an amount equal to the cost of work
performed to date, including the cost of terminated subcontracts provided that in no case
i:\Engineering\CI P\Stormwater\2.2Engineering\RFP-Design.doc
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2.08 TERMINATION FOR DEFAULT
Upon failure of the Proposer to make satisfactory progress or failure to abide by the terms
of the contract the Town shall have the right to terminate the contract for default. Written
notice of termination shall be mailed to the Proposer at its address upon the records of the
Town. Notice shall be effective when mailed. Upon receipt of notice, Proposer shall
immediately stop work and relinquish all project files to the Town. The Town may
thereafter pursue the work or hire another contractor to do so and charge the excess cost
thereof to Proposer.
2.09 DISPUTES
In the event a dispute arises concerning any matter under the contract, the party wishing
resolution of the dispute shall submit a request in writing to the Town Manager. The
Town shall consider the request and respond in writing within ten (10) days giving
findings and the reasons for them. Any person dissatisfied with the findings of the Town
Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure
to do so waives any objection. The Town Council shall consider any matter appealed at a '
hearing within thirty (30) days. The decision of the Town shall be final upon matters of
fact unless clearly erroneous or procured by fraud.
2.10 ASSIGNMENT OF CONTRACT
Proposer shall not assign this contract or any moneys to become due hereunder, without
prior written approval of the Town of Avon.
2.11 SUBCONTRACTORS
Specialty subcontractors or subconsultants may be used to perform such work as is
customary in Proposer's profession; however, reports required shall be presented by the
Proposer who shall be liable for any faulty data, errors or omissions contained therein.
2.12 PROPOSER'S REPRESENTATIVE
Proposer shall designate a member of its staff who is knowledgeable concerning this
project and who has authority to act for the Proposer upon all matters pertaining to this
agreement. Proposer's representative or his designee shall be available by telephone to the
Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for
the duration of the work set forth in this proposal.
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A. In addition to such other insurance that may be required under this contract, the
Proposer shall provide adequate Workmen's Compensation Insurance for all
employees employed under this contract on this project who may come within the
protection of workmen's compensation law; and shall provide, where practicable,
employer's general liability insurance for the benefit of his employees not protected
by such compensation laws, and proof of such insurance shall be given to the
Town.
B. The Proposer will be charged with the responsibility for proper and adequate
workman's compensation coverage for all his subcontract operations and in the
event Proposer's insurance does not cover each and every subcontractor,
certificates of insurance issued on policies by companies that may be acceptable to
the Town covering each and every subcontractor shall be filed with the Town prior
to the commencement of such subcontract operations.
C. Public Liability & Property Damage Insurance:
The Proposer shall take out and maintain during the life of this contract such
Public Liability and Property Damage Insurance as shall protect him and any
subcontractor performing work covered by this contract, from claims for damages
for personal damages, which may arise from operations under this contract,
whether such operations be by himself or by any subcontractor, or by anyone
directly or indirectly employed by either of them:
Insurance shall be in the minimum amounts required by the State of Colorado and
local applicable authority.
2.14 EEO PROVISIONS
The Proposer shall comply with all applicable provisions of the Regulations of the U. S.
Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations)
issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in
employment because of race, religion, color, sex, handicap, or national origin. The
Proposer shall comply with applicable Federal, State and Local laws, rules and regulations
concerning Equal Employment Opportunity.
2.15 TIlVIE OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT
The work to be done under this contract shall be completed in its entirety on or before the
date specified, provided however, that the owner may in its discretion extend the time for
the completion of the work without invalidating any of the provisions herein contained and
without releasing any surety.
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written request from the Proposer, accompanied by written consent of the surety. Each
request shall state the date to which the extension is desired and shall describe the
conditions that have operated to prevent completion of the work within the specified time.
2.16 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE
In the event of termination of a contract for convenience of the Town, provisions shall be
made for the payment of compensation to the Proposer. In addition to a reasonable
amount of compensation for preparatory work and for all costs and expenses arising out
of termination, the amount to be paid to the Proposer:
A. Shall be determined on the basis of the contract price in the case of any full-
completed separate item or portion of the work for which there is a separate or
unit contract price; and
B. May, with respect to any other work, be a percent of the contract price equal to
the percentage of the work completed.
:.C. Shall be based upon the approved schedule of values.
2.17 INSPECTION OF RECORDS
The Proposer agrees that:
A. The Town, or any of it's duly authorized representatives shall have access to any
books, documents, papers, and records of Proposer which are directly pertinent to
this specific contract. All required records must be appropriately maintained by
the contractor/vendor for three years after final payment, and all other pending
matters are closed.
2.18 AMOUNT OF RETAINAGE
The Town shall retain an amount equal to ten percent (10%) of the contract price until
final completion and acceptance of all work to be performed under this contract.
2.19 COSTS AND FEES
In the event that any suit or action is commenced or arises from this agreement, each party
shall bear its own costs and fees including attorney fees regardless of the outcome. This
provision shall apply to the original action and any appeals.
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3.01 NEEDS ASSESSMENT
The September 1994, Town of Avon Master Drainage Study identified some potential
problem areas within the Town. Major drainage basins with potential problems include
the Metcalf Gulch and Buck Creek Basins. Based on the results of this Study and
subsequent observations, it is evident that potential problems include erosion,
sedimentation drainage way capacity. The primary areas of concern for these basins are:
Metcalf Gulch - Intersection of Metcalf Road and Wildwood Road to Eagle River
Potential problems include existing and potential ditch erosion and culvert
sedimentation along Metcalf Road along with existing drainage way and facility
capacity to carry storm water flows through the area.
Buck Creek - Inter-State 70 to Eagle River.
Potential problems include capacity of existing drainage way and facilities through
this area. The 1994 Study indicates a number of culverts with inadequate capacity
and observations indicate some open ditch sections may be marginal due to
sediment accumulation and possible encroachment by adjacent development.
In addition to existing and potential problems outlined above, the Report should also
address conformance with potential rules and regulations for storm water and pollution
control as well as permits required and potential sources of funds for recommended
improvements.
3.02 PROJECT DESCRIPTION AND REQUIREMENTS
The primary purpose of this Contract is for the Town to develop a comprehensive plan for
correction of existing and potential problems related to the Metcalf Gulch and Buck Creek
Drainage Ways as they pass through developed areas within the Town and to the Eagle
River. This comprehensive plan is expected to include a Report:
A. Identifying and describing existing and potential problems;
B. Prioritizing recommendations for correction of these problems,
C. Preliminary designs for improvements to correct problems;
D. Preliminary cost estimates to establish budgets for implementation;
E. Identification of potential funding sources for improvements;
F. Identification of required permits for construction of improvements;
G. Evaluation of existing and potential stormwater and pollution control
regulations; and
H. Analysis showing how proposed improvements conform to existing
regulations and can be modified to address potential regulations
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of these improvements is expected to include stand-alone projects as well as projects
combined with other capital projects such as street improvements.
3.03 SURVEY INFORMATION
The Town will provide basic topographic map information for the project area, as included
in the September 1994, Town of Avon Master Drainage Study. Contractor shall be
responsible for obtaining supplemental map information as required to evaluate existing
conditions and to prepare preliminary designs and cost estimates.
3.04 SCOPE OF SERVICES
Responses to this Request for Proposals shall be based upon the following Scope of
Services:
A. Provision of all engineering and design services including, but not limited to civil,
traffic; hydrology, geotecWcal-soils, surveying and landscape architecture as required to
formulate and develop preliminary project design through a public process, complete with
preparation of a Report summarizing existing conditions, recommendations for phased
improvements, cost estimates, required permits, possible funding sources and conformance
with existing and potential stormwater and pollution control rules and regulations for the
above described project.
B. Provision of all supplemental surveying and mapping work required to evaluate
existing conditions and to prepare preliminary designs and cost estimates.
C. Presentation and review of evaluation of existing conditions and recommendations
for improvements with town staff, town council, and the general public.
D. Identification of related permits required by state, federal or other agencies for
construction of the recommended improvements.
E. Provision of preliminary cost estimates for each recommended phase of the
improvements.
F. Evaluation of existing and potential stormwater and pollution control regulations
and analyze improvements required to conform with potential regulations.
G. Identification of potential funding sources for construction of recommended
improvements.
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The Proposer's role is viewed in distinct phases.
Phase I - Formation gathering. This is a function of, a) input sessions with the Town
Staff, b) initial data collection, and c) supplemental surveys and field data collection.
Phase H - Summarizing and evaluating data collected regarding existing conditions.
Phase III - Development of a preliminary plan based on evaluation of existing conditions,
conformance with existing stormwater and pollution control regulations, compatibility
with existing and potential development based on input received during data collection and
meetings with town stag. Preliminary plan should include horizontal layout, typical cross-
sections, identify general areas of encroachment on adjoining properties, a proposed
phasing plan for construction and preliminary cost estimates per phase.
Phase IV - Presentations to town staff, town council and general public addressing
evaluation of existing conditions and recommended improvements will be required.
Presentations should include summary and analysis of existing conditions in addition to
preliminary level drawings for each proposed phase of construction, identification of major
easements or rights-of-way required for construction, preliminary construction -cost
estimates for each phase of construction and summary of applicable rules and regulations
and permits required for construction.
Phase V - Development of a final report summarizing all findings, recommendations
preliminary plans and cost estimates.
The Proposal should address the phases as outlined above with the fee, scope of services
and projected timeline for completion of each phase clearly shown in accordance with
Section 1.09 F. Optional services, which should be addressed separately in the Proposal,
include the provision of surveying, mapping, final design and preparation of all documents
as required for construction of recommended improvements and the provision of full
contract administration services during construction.
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0 Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager V
From: Norm Wood, Town Engineer ?9?
Anne Martens, Engineer- hl?
Date: July 20, 2000
Re: Wildridge Entry
Summary: Design of the Wildridge Entry was completed on July 5, 2000.
Three different contractors were contacted for bidding the construction of the sign. Only
two contractors responded, Meadow Mountain Masonry and Vogelman West Associates,
Inc. The proposals were very close with Meadow Mountain Masonry, Inc. proposal at
$13,243.00 and Vogelman West Associates, Inc. at $14,025.00. Meadow Mountain
Masonry, Inc. completed the construction of the walls for the Avon Road Roundabout
Streetscape.
B & B Excavating, Inc. provided a proposal of $8,580.00 for grading and paving
the bus stop and pouring the concrete for the new bus shelter. There are several items not
included in the two proposal that need to be bid.
The proposed project budget would consist of:
Construction Contracts
Meadow Mountain Masonry, Inc
B & B Excavating, Inc.
Architectural Services - Design
Testing Services
Bus Shelter
Sign - Aluminum (Construct and Install)
Revegatation
Demolition of Existing Sign
SubTotal
Contingency (6%)
Total Recommended Project Budget
$13,243.00
$ 8,580.00
$ 1,000.00
$ 800.00
$ 8,500.00
$ 3,500.00
$ 1,000.00
$ 3,000.00
$39,623.00
$ 2,377.00
$42,000.00
0 It is recommended that both the proposal from Meadow Mountain Masonry, Inc. and
L\Engineering\CIP\Wildridge Entry\1.0 Administration\Council Memo - Award Contracts.Doc
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B & B Excavating, Inc. be approved for the construction of the Wildridge Entry. Copies
of the plans and proposals are attached.
Discussion: This project was originally in the Capitol Improvements Budget for
the Amount of $104,000.00. This original scope of the project included an entry in
Metcalf Road. At the March 21, 2000 Council Work Session, the scope of the project was
reduced to construction of a New Sign at the intersection of Wildridge Road and
Wildwood Road, and construction of a bus stop with installation of a new shelter.
This recommendation is for the approval for the Bus Stop, asphalt and concrete work and
the construction of the sign. There are several items associated with the project that prices
have not been bid yet. However, the proposed project budget is in conformance with the
Project Budget presented in March 2000.
Financial Implications: The proposed Project Budget is based upon a
construction proposal for the Wildridge Entry Sign for the amount of $13,243.00 and
construction proposal for the Bus Stop for the amount of $8,580.00. It is anticipated that
the project will be completed below the proposed Project Budget.
Recommendations: Award Contracts to B & B Excavating, Inc. and
Meadow Mountain Masonry, Inc. based on their proposals of $8,580.00 and $13, 243.00,
respectively for the construction of the Wildridge Entry Sign and Bus Stop.
Town Manager Comments: //
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P
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I:\Engineering\CIP\Wildridge Entry\1.0 Administration\Council Memo - Award Contracts.Doc 2
July 11, 2000 12:03 PM
n
From: Bob Matarese Fax M 970-949-1640 Page 1 of 1
B & B EXCAVATING, INC.
P.O. Box 249, Vail, CO 81658 / 970 926-3311
AGREEMENT
TO: Town of Avon DATE: July 11, 2000
RE: Bus Stop Improvements, Wildridge Attn: Anne
P.O. Box 975 FAR #i Phone # 748-1958
Avon, CO 81620
For your consideration we offer the following quotation which, if accepted shall constitute a contract between
us:
Prep and pave bus stop area, approximately 1,120 sq. ft. (from plans) with 4 inches of road base and 6 inches
of asphalt. Prep, form, pour and finish concrete pad, approximately 72 sq. ft.
Work to include:
1.) Shape existing subgrade;
2.) Place and compact 4 inches of road base;
3.) Place and compact 6 inches of asphalt, in two lifts,
4.) Includes tax on materials and delivery,
5.) Does not include any haul off;
6.) Prep, form, pour and finish, 6 inch depth concrete pad; (4000 psi with fibers)
Cost - S 8,5S0.00
Note: Prices are good until September 15, 2000 . Price does not include winter conditions or winter
work. Utility locates are the responsibility of the owners. Price does not include relocation of utilities.
Additional excavation due to unsuitable materials (rock, soft spots, etc.) can be done at time and material
rates. Price does not include traffic control.
Please sign in the space provided and return to B & B Excavating. B&B Excavating, Inc will schedule
this project upon acceptance of this agreement. A signed copy will be forwarded to you for your files
This agreement is subject to conditions as shown on reverse side hereof.
For. B & B Excavating, Inc.
By:
Signature
Print Name and Title
Date:
Authorized Signature
Estimator (Bob Matarese)
390-3593
Date:
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0712012000 11:19 9709269333
AM"
ALPINE MEADOW MASQl v, (N.C.
P.O.13OX 197
WOLCOTr, CO $1655 ? .
NAME/ADDRESS
ALPINE MEADOW MASONY PAGE 01
Estl a
DATE Eat Nffier
7/20/2000 193
Avon / Town of
Anne Martens
P.O.9ox 975
Avon Co. 81620
For. 748-1958
i PROJECT
Wildridge Entr...
ITEM SCmm- ON
_
e j QTY COST - ? TOTAL
Veneer Stone v
rb, rts Avon 157 22.00 3,454.00
roundabou=L
Cap 3" Red sanane cop. ( 35 32.00 1,120.00
CMU 8" C.M.U. g asoli& I 315 12.00 3,780.00
CMU 4" c.m.u. s #edW 135 6.00 610.00
1 Concrete Footer 1 825.00 ` 825.00
T & M
{ Excavation, c kfl(#- rough grade 1 3,254.00 I 3,254.00
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We toots forwar d to partici otr project.
T OTAL
$13,243.00
7