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TC Council Packet 09-11-2001Town Council Meetings Roll Call Check Sheet Date: 9/11/01 Michael Brown Debbie Buckley Peter Buckley r' ?- 'V Rick Cuny Mac McDevitt j ! Buz Reynolds ,%` V Judy Yoder d 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: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: L,/' Bill Efting Larry Brooks Burt Levin /Kris Nash Jacquie Halburnt Scott Wright Jeff Layman / Norm Wood Meryl Jacobs Bob Reed Harry Taylor Ruth Borne Other Staff ' ? Y- J k ??` r ?, LQ C'. `c. STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD SEPTEMBER 11, 2001, AT 3:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45 PM - 4:15 PM 1.) Land Negotiations (Executive Session) 4:15 PM - 4:30 PM 2.) 5-Year Capital Projects 4:30 PM - 5:00 PM 3.) McGrady Acres Procedure 5:00 PM - 5:15 PM 4.) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC AVON,COLORADO BY: Kristen Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 7,2001: 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 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager .? From: Norm Wood, Town Engineer Date: September 6, 2001 Re: Capital Projects Fund 5-Year Plan / First Draft Summary: The attached Capital Projects Fund Priorities - Project & Budget Summary summarizes the incorporation of the prioritized capital improvement projects into the proposed Capital Projects Fund 5-Year Plan. We have also tried to explain the proposed incorporation of these projects into the proposed 5-Year Plan. Copies of the prioritized Potential Capital Projects / Wish List, current Capital Projects Fund 5-Year Plan and the proposed Capital Projects Fund 5-Year Plan are also attached. It should be noted that some projects included in both the current and proposed 5-Year Plans have fully offsetting revenues and do not affect the ending Fund Balance. These include the Stormwater and Drainage projects and the East Beaver Creek Boulevard Streetscape Improvements Project. Proposed funding for the Stormwater and Drainage projects is from water tap fees in the Water Fund and the East Beaver Creek Boulevard Streetscape Improvements are to be funded by The Village (at Avon) in accordance with the Annexation and Development Agreement. The projected expenses and revenues are preliminary and will be updated in future drafts as more current estimates and projections are developed. The primary purpose of this draft is to receive input regarding the proposed projects and scheduling. The recommended action is to review the proposed Capital Projects Fund 5-Year Plan and provide direction to staff for development of the Final Plan for adoption. Town Manager Comments: I:\Engineering\Administration\CIP Budget\2002\5-Year Plan Draft-1 Memo.Doc Z Q J a Q W Z LO 00 Q LL U- 0 cn 2Z w O NO w a J Q IL Q V O O N Cl) O O N N O O N 0) C U ? C m O W ? 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E Ld c ~ 4)z° - Noa? c, coo 0 oLL U) 0 O d m a 0 U ° POTENTIAL CAPITAL PROJECTS / WISH LIST 2002 CIP BUDGET August 20, 2001 Project Rating (1- 5) Wildridge Traffic Calming / Pedestrian Circulation 5+2+4+3+5+3+2 =24 Wildridge - Emergency / Bike Access 5+1+5+1+4+4+3 =23 I-70 Information Center 5+5+2+3+5+1+2 =23 Information Kiosks - Town Center 3+5+2+2+2+4.5+2 = 20.5 Nottingham Road - I-70 to Buck Creek Road 2+3+4+1+3+5+2 =20 Nottingham Road - Buck Creek Road to Metcalf Road 3+3+4+1+2+5+2 =20 Metcalf Road Improvements 2+5+4+1+2+3+2 =19 Recreation Center Phase II Transportation Center Municipal Government - Space Needs Analysis Swift Gulch Road Relocation Wildridge Park Improvements & Playground Public Works Equipment Storage & Work Area Buildings Municipal Parking Facilities Wildridge Pocket Park - New in Block 5 Wildridge Pocket Park - Upper Area (New in Block 3 or 4) Town Center Plan Implementation Avon Road Pedestrian Bridge Public Works Administration Building Wildridge Pavilion Other Wildridge Shuttle Swift Gulch TOA Housing Power Lines Buried * 0 Rating / 5 Rating Private Funding * * Recreation Center Phase 11 4 Rating for Planning Transportation Center 5 Rating for Planning **3+4+1+1+5+1+4 =19 **3+1+4+1+2+3+5 =19 3+1+4+2+2+2+4= 18 2+1+3+1+1+5+3 =16 4+4+3+1+1+1+1 =15 4+2+1+1+2+2+2 =14 4+1+2+1+1+1+3 =13 1+4+3+1+1+1+1 =12 1+4+3+1+1+1+1 =12 *1+1+1+0+1+4+2 =10 4+3+5+1+3+2+5 =23 2+2+1+1+1+0+2= 9 1+4+1+1+1+0+1 = 9 4 Note: Rate all Projects from 1 to 5, with 1 being lowest priority and 5 being highest priority. I:\Engineering\Administration\CIP Budget\2002\Priority List 2002 Summary-3.Doc CAPITAL PROJECTS FUND PRIORITIES PROJECT & BUDGET SUMMARY September 6, 2001 1. Wildridge Traffic Calming / Pedestrian Circulation Budget: Current 5-Year Plan 2003 - $10,000 2004 - $ 40,000 Proposed 5-Year Plan 2002 - $35,000 2003 - $135,000 Comments: Due to the high priority of this Project, we are proposing to move the timing forward by one-year and also increase the scope of this project. The revised project would include having a consultant such as Jim Charlier with Charlier & Associates evaluate the area and provide recommendations for ways to reduce conflicts between pedestrians and vehicular traffic. We anticipate this study being limited in scope to evaluate ideas previously discussed and identify other possible concepts that may be implemented. We also anticipate some minor design work for the potential path between the Wildridge Park and the Draw Spur area with construction anticipated during 2003. the path improvements are expected to consist of minor grading aggregate base and an asphalt millings surface. 2. Wildridge Emergency / Bike Access Budget: Current 5-Year Plan 2006 & Beyond $850,000 Proposed 5-Year Plan 2007 & Beyond $850,000 Comments: Even though this is a high priority project, it has been proposed for the end of the budget cycle. We believe this project is highly dependent upon completion of the proposed land trade. When the land trade is completed, we would expect this project to move to the front of the capital projects list with the next budget cycle. 3. I-70 Information Center Budget: Current 5-Year Plan Proposed 5-Year Plan 2001 $100,000 2007 & Beyond $100,000 Comments: This high priority project has been moved to Budget Year 2007 & Beyond to serve as a holding pattern until the scope, magnitude and location for the Project can be better defined. At that time we expect this project to be brought to the front for implementation. I:\Engineering\Administration\CIP Budget\2002\Priority Budget Summary.Doc 4. 5. Information Kiosks - Town Center Budget: Current 5-Year Plan 2002 $ 20,000 Proposed 5-Year Plan 2002 $ 50,000 Comments: This project is proposed be implemented in conjunction with the East Avon Access and Pedestrian Circulation Streetscape Improvements Project scheduled for construction in 2002. We have recommended an increase in the proposed budget to $50,000 from the previously proposed budget of $20,000. We believe this increase is necessary to provide adequate funds for a quality product in the Town Center area both East and West of Avon Road. Nottingham Road - I-70 to Buck Creek Road Budget: Current 5-Year Plan Proposed 5-Year Plan 6. 2001 $ 125,000 2002 700,000 2003 1,920,800 2001 $ 125,000 2002 300,000 2003 1,920,800 Comments: This Project is retained as is from the Current Budget with the only change being a reduction from $700,000 to $300,000 in 2002. This reduction is based on an anticipated cost reduction in right-of-way and easement costs following discussions and receipt of a draft agreement for development of the proposed Cottonwood PUD. Nottingham Road - Buck Creek Road to Metcalf Road Budget: Current 5-Year Plan Proposed 5-Year Plan 2001 $ 40,000 2004 168,000 2005 1,347,000 2001 $ 40,000 2004 168,000 2005 1,347,000 Comments: This Project is unchanged from the Current Budget with completion of design in 2001, right-of-way and easement acquisition 2004 and construction 2005. 7. Metcalf Road Improvements Budget: Current 5-Year Plan 2006 & Beyond $ 1,000,000 Proposed 5-Year Plan 2007 & Beyond $ 1,000,000 I:\Engineering\Administration\CIP Budget\2002\Priority Budget Summary.Doc 2 Comments: This project is proposed to follow completion of the Metcalf Road Drainage Improvements Project that is currently proposed for construction in 2006. 8. 9. Recreation Center Phase II Budget: Current 5-Year Plan 2006 & Beyond $ 3,500,000 Proposed 5-Year Plan 2007 & Beyond $ 3,500,000 Comments: This project is unchanged from the previous 5-Year Plan. Transportation Center Budget: Current 5-Year Plan 2003 $ 800,000 2004 1,200,000 Proposed 5-Year Plan 2003 $ 800,000 2004 1,200,000 Comments: Timing for this project is based on potential CDOT/FHWA Transportation Center Grant with projected revenues of $640,000 in 2003 and $960,000 in 2004. It is also anticipated that this may be compatible with development schedules for the Confluence. 10. Municipal Government Space Needs Analysis Budget: Current 5-Year Plan 2006 & Beyond $ 25,000 Proposed 5-Year Plan 2002 $ 25,000 Comments: This is a relatively low priority project, but it is also a relatively low cost project that has the potential to pay for itself many times over during the next few years. The Current and Proposed 5-Year Plans include related projects such as Public Works - Equipment Storage & Shop Space ($750,000) and Public Works - Administration Building ($1,500,000). In addition we have also received Staff requests for an addition to the Recreation Center for equipment storage space, for conversion of upstairs office space to computer server and equipment room and for a complete revamping and remodel of the entire downstairs area to accommodate police needs. These requests represent a continuation of the annual remodels and office shuffles that have occurred for the past few years in various attempts to address the needs of the municipal government of a rapidly growing community. A space needs analysis would not only look at the needs of what has been an expanding staff and governmental services, but will also look at available space and ways to better utilize available facilities. This analysis should provide guidance for achieving maximum benefit from available space and future remodels, possibly reducing or delaying the need for new or expanded facilities. I:\Engineering\Administration\CIP Budget\2002\Priority Budget Summary.Doc 3 11. Swift Gulch Road Relocation Budget: Proposed 5-Year Plan 2003 $ 777,000 Comments: This is a new project in the Capital Improvements Fund Program. The recommended timing is proposed to correspond with the Nottingham Road Improvements - I-70 to Buck Creek Road. Projected offsetting revenues of $388,500 are anticipated from the proposed Cottonwood PUD. Remaining Priority List Items Comments: The remaining Items on the Priority List were previously budgeted for 2006 & Beyond. These Items have budgeted for 2007 & Beyond in the Proposed 5-Year Plan. The Avon Road Pedestrian Bridge has been added to this category with an estimated cost of $500,000. Cost estimates for Town Center Mall Improvements has been increased from $2,000,000 to $3,200,000 and Municipal Parking Facilities has been increased from $3,000,000 to $7,000,000 based upon cost estimates in the current draft of the Town Center Plan. 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N E O O E E " N d Y Y ca a) U ` O a) N Y C c 0 O N a) _ ?? m ?ddmm0LLF o y`o m C?? M m c QUa coo c E> 0' rn c o o>> m O 0 r E o Y c` ca U A aci cc w o m U e N V E cc L- o ca o> m m rn o 0 0 c m m > v n a) - d m g 3 a c c c- .- -0 CL N Q " o U w to o c U 2 m a? m o'o m m o 2 r m n m- E v 000 m> 3 E o m m F ?3? inww w w w z r a ?z° °?co yogi Vccoo DLL O a? m IL U a) Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager rom: Ruth Borne, Director Community Development r Date September 6, 2001 Re: First Reading of Ordinance 01-08 Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1,2,3,4 and 5 of McGrady Acres, Town of Avon, Eagle County, Colorado Summary: On September 4, 2001, a public hearing was held by the Planning & Zoning Commission on the zoning application for Lots 1,2,3 of the Resubdivision of McGrady Acres, Lot 1,2,3,4 and 5. Staff recommended approval of the zoning application based upon the changing conditions of the neighborhood and compliance with the zoning code requirements as outlined in the Staff Report attached hereto as Exhibit "A". The zoning code requirements for evaluating a zoning application is based upon the following criteria: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? 2. Is the proposed rezoning consistent with Town's Comprehensive Plan? 3. Is the proposed use(s) compatible with the surrounding area or uses? 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone change? After extensive public comment, the Planning & Zoning Commission recommended denial of the zoning application in Resolution 01-10 with four (4) findings: The character of Eaglebend Drive as it currently exists should be preserved. 2. A cul-de-sac is not recommended from a planning point of view. 3. If a cul-de-sac is put in, Neighborhood Commercial (NC) zoning of these lots is appropriate. 4. If the road is a continuous through street, Neighborhood Commercial (NC) zoning of Lots 1 and 3 is inappropriate. Thought should be given to Lot 1 being open space and Lot 3 high density residential, a park or open space purchased by the Town of Avon. Town Council is not bound by the recommendation of the Planning & Zoning Commission in Resolution 01-10. Recommendation Staff recommends approval on the First Reading of Ordinance 01-07 Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 12,34 and 5 of McGrady Acres, Town of Avon, Eagle County, Colorado Alternatives 1. Approve 2. Deny the application for zoning in whole or in part Proposed Motion "I move to approve on first reading Ordinance 01-08, Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 12,34 and 5 of McGrady Acres, Town of Avon, Eagle County, Colorado. Town Manager Comments: Attachments: Staff Report on Zoning Application for McGrady Acres Planning & Zoning Resolution 01-10 Ordinance 01-08 N Page 2 TOWN OF AVON ORDINANCE NO. 01-08 SERIES OF 2001 AN ORDINANCE APPROVING ZONING FOR LOTS 1, 2, AND 3 OF A RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Traer Creek LLC has applied for zoning for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development) to NC (Neighborhood Commercial) and GPEH (Government, Park, and Employee Housing); and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on September 4, 2001, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the zoning application; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the zoning application to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2001, at which time the public was given an opportunity to express their opinions regarding the application; and WHEREAS, the Town Council of the Town of Avon finds as follows: 1. The proposed zoning is justified by changed or changing conditions in the character of the area proposed to be zoned. 2. The proposed zoning is consistent with the Town's Comprehensive Plan. 3. The proposed use(s) are compatible with the surrounding area or uses. 4. Adequate facilities are available to serve the development for the type and scope suggested by the proposed zone. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: 1. Traer Creek LLC's application zoning for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development). to NC (Neighborhood Commercial) on Lots 2 and 3 and GPEH (Government, Park, and Employee Housing) on Lot 1 is hereby approved. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2001, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney Town of Avon Zoning Staff Report September 4, 2001 Planning & Zoning Commission Meeting Report Date August 28, 2001 Legal Description Lots 1, 2, 3 of A Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision Current Zoning PUD Proposed Zoning Lots 1: Government, Park, Employee Housing (GPEH) Lots 2 & 3: Neighborhood Commercial (NC) Address 610 Eaglebend Drive Introduction The applicant, Traer Creek LLC, is proposing zoning for A Resubdivison of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision. The proposed zoning of newly configured Lots 1,2, and 3 of the resubdivision of McGrady Acres is accompanied by a Preliminary Subdivision Plan and Annexation request for the same lots. Though the proposed annexation is for Lots 1,2,3,4 and 5 of the existing McGrady Acres PUD, this zoning request will reconfigure the area into three lots and four tracts. Lot 1 is being zoned GPEH (Government, Park and Employee Housing) and Lots 2 and 3 are being zoned NC (Neighborhood Commercial) under this application. The four tracts (A, B, C, D) created by the subdivision are being used solely for roads (Nottingham Ranch Road, Eaglebend Drive and Post Boulevard), drainage and utility easements, and do not require zoning to do so. Zoning Review Considerations According to the Town of Avon Municipal Code, Section 17.28.080, the following evaluations shall be made in reviewing rezoning applications: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? The proposed area will change to such a degree that this limited amount of commercial zoning is appropriate. The Village at Avon PUD approved plans show a new I-70 interchange and the spur road for this interchange, will utilize an enlarged and realigned Nottingham Ranch Road as a means of connection to Highway 6. Vehicular traffic generated by potential commercial uses on Lots 1 and 2 is expected to originate from the Village at Avon and return to either Post Boulevard or Highway 6 via Nottingham Ranch Road. It is unlikely that commercial traffic will continue through Eaglebend Drive when a more direct four-lane road such as Highway 6 is readily available for westbound traffic. Town of Avon Community Development f:\planning & zoning commission staff reports\2001\090401Uncgrady acres rezoning rej (970) 949-4280Fax modem (970) 949-5749 Rezoning Application for Lots 1,2, and 3 of a Resubdivision of McGrady Acres Lots 1,2,3,4 and 5 September 4, 2001 Planning & Zoning Commission meeting The proposed GPEH zoning on Lot 1 for an expanded park is appropriate considering the proximity to neighboring residential uses. Currently, Lot 1 of the existing McGrady Acres subdivision is owned by the Town of Avon and utilized as a park. This zoning proposal seeks to enlarge this park and would create a larger buffer between the proposed commercial use on Lot 3 and the residential uses on Eaglebend Drive. 2. Is the proposed rezoning consistent with the town's comprehensive plan? Goal A2 of the Comprehensive Plan is to ensure the annexed land and adjacent uses are compatible with the existing community. The inclusion of Neighborhood Commercial and Park Zoning are compatible with the existing community and the proposed annexation, considering the upgrade that will be made to Nottingham Ranch Road. The Comprehensive Plan currently identifies the area in question as `mixed use river corridor' with the potential to be developed for a combination of uses such as being proposed here. Additionally, The Comprehensive Plan identifies a `Stolport East District' that should have uses which are "consistent with the overall design themes of the Town and should relate to I- 70 and Highway 6/24 access points". The implementation section of the plan states that "consideration should also be given to the potential for annexation of lands located along Highway 6 and the Eagle River". The potential for both annexation of these properties and the proposed uses that support the development of improved access points are provided for. Though the Comprehensive Plan does not specify a Neighborhood Commercial zone district for these areas, the designation appears appropriate considering the location of the same zoning throughout the Town (i.e. at major access point intersections such as Nottingham Road and Avon Road, Avon Road and Hurd Lane). 3. Is the proposed use(s) compatible with the surrounding area or uses? The designation of Lot 1 as a park is compatible with the surrounding residential uses and should adequately buffer any potential impacts of the proposed commercial zoning on Lot 3. Additionally, the proposed designation of commercial zoning on Lots 2 and 3 appear compatible with the required improvements to Nottingham Ranch Road, eventually forming a four-lane spur road for the new I-70 interchange. The only foreseeable negative impact to a surrounding residential use appears to be for the existing McGrady Acres Lot 6 parcel, which will experience an increase in traffic because of its location directly opposite one of the proposed commercial lots (Lot 3). Lot 6 is currently zoned for a multi-family use. At complete build-out, the projected traffic count on the realigned and expanded Nottingham Ranch Road is estimated at 14,500 trips per day. Most of this traffic will be generated by the build-out of the Village. The inclusion of a limited commercial zone at the intersection of an improved Nottingham Ranch Road and Eaglebend Drive will likely not divert a substantial amount of that traffic down the remainder of Eaglebend Drive, primarily because it is a speed controlled (24mph, speed-bumps) residential collector road. More likely a scenario for through traffic to Town and points west is the use of Highway 6, or Post Boulevard, which are designed to accommodate commercial flows unlike Eaglebend Drive. Additionally, a Neighborhood Commercial zone district exits at the other end of Eaglebend drive (Hurd Lane) where Lots 1 and 2 of the Nottingham Station Subdivision (Burger King, Town of Avon Community Development f:\planning & zoning commission\staff reports\2001 \090401 \mcgrady acres rezoning rel (970) 949-4280Fax modem (970) 949-5749 Rezoning Application for Lots 1,2, and 3 of a Resubdivision of McGrady Acres Lots 1,2,3,4 and 5 September 4, 2001 Planning & Zoning Commission meeting Starbucks, etc.) currently operate. Of those customers that frequent this commercial center, the majority of vehicular traffic goes back to Avon Road rather than continue through Eaglebend Drive. It is Staff's belief that the proposed Neighborhood Commercial zoning will operate in much the same manner. 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone? Adequate facilities are available to serve this development. The proposed rezoning is a portion of an existing PUD that is already utilizing all public facilities and services. Staff Recommendation Staff recommends that the Planning and Zoning Commission approve Resolution 01-10 approving the zoning for Lots 1, 2, and 3 of the Resubdivision of McGrady Acres Lots 1, 2, 3, 4, and 5 with the following condition(s): 1. Town Council will not adopt the zoning ordinance until such time that the Annexation and Final Plat for the Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres have both been adopted. Recommended Motion Approve Lots 1, 2, and 3, A Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision with the following conditions: 1. Town Council will not adopt the zoning ordinance until such time that the Annexation and Final Plat for the Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres have both been adopted. If you have any questions regarding this project or any planning matter, please call me at 748.4002 or stop by the Community Development Department. Respectfully submitted, C/ v Tambi Katieb, AICP Town of Avon Community Development f:\planning & zoning commission\staff repo rts\2001 \090401 \mcg rady acres rezoning rel (970) 949-4280Fax modem (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-10 SERIES OF 2001 A RESOLUTION RECOMMENDING DENIAL TO THE TOWN COUNCIL OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY PLANNED UNIT DEVELOPMENT (PUD) TO GOVERNMENT, PARK AND EMPLOYEE HOUSING (GPEH) AND NEIGHBORHOOD COMMERCIAL (NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE, FOR LOTS 1, 2, AND 3 OF A RESUBDIVISION OF LOTS 1, 2, 3, 4, AND 5 OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Traer Creek LLC, owners of A Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, have applied for an amendment to the Zone District Map to change the zoning designation from Eagle County Planned Unit Development (PUD) to Government, Park and Employee Housing (GPEH) and Neighborhood Commercial (NC) as stipulated in Title 17, of the Avon Municipal Code for Lot 1, 2, and 3 of A Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Zoning District Map amendment application; and WHEREAS, the Planning & Zoning Commission has considered the following: 1. Is the proposed rezoning justified by changed or changing conditions in the character of the area proposed to be rezoned? 2. Is the proposed rezoning consistent with town's Comprehensive Plan? 3. Is the proposed use(s) compatible with the surrounding area or uses? 4. Are adequate facilities available to serve development for the type and scope suggested by the proposed zone change? NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends a denial to the Town Council of the Town of Avon, Colorado for an amendment to the Zone District Map changing the zoning designation from Eagle County PUD to Government, Park, and Employee Housing (GPEH) for Lot 1 and Neighborhood Commercial (NC) for Lots 2 and 3 of A Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, citing the following findings and conditions: F:\Planning & Zoning Commission\Resolutions\2001 Resolutions\01 -I OWGrady Acres-Zoning.doc FINDINGS: 1. The character of Eaglebend Drive neighborhood as it currently exists should be preserved. 2. A cul-de-sac is not recommended from a planning point of view. 3. If a cul-de-sac is put in, Neighborhood Commercial zoning of these lots is appropriate. 4. If the road is a continuous through street, Neighborhood Commercial zoning of Lots t and 3 is inappropriate. Thought should be given to Lot 1 being open space and Lot 3 high density residential, a park or purchased open space by the Town of Avon. ADOPTED THIS 4th DA Y OF September, 2001 Signed: Ce,?_ Date: Chris Evans, Chair Attest: Date: 9 - y - a s' Paul Klein, Secretary FAPlanning & Zoning Commission\Resolutions\2001 Resolutions\01.10 McGrady Acres-Zoning.doc TOWN OF AVON REGULAR COUNCIL MEETING AGENDA September 11, 2001 - 5:30 PM s ;;m ?- 1. Call to Order / Roll Call v/ . -? {J 2. Citizen Input /t U a.) Recreation Center Remodel Update 3. Public Hearing CL a.) Joint hearing: i) Zoning Application - McGrady Acres; ii) Preliminary Plan Application - McGrady Acres Atli ?? 4. Ordinances `OI _ a.) First Reading of Ordinance No .01-08, Series of 2001, An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado r/A) L b.) First Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado 5. Resolutions r'`! ccv` ` 6. Unfinished Business Cu ?vr. e ?( 7. New Businesses 5 a.) Preliminary Plan, McGrady Acres 8. Town Manager Report ??- 9. Town Attorney Report (-k ? 10. Mayor Report 11. Other Business 12. Consent Agenda a.) Approval of the August 28, 2001 Council Meeting Minutes b.) Resolution No. 01-23, Series of 2001, A Resolution Amending Town of Avon Resolution No. 01-09 c.) Intergovernmental Agreement with Eagle County for 800 MHz Radio Services ?i d.) Agreement with Pitney Bowes for Postage Meter e.) Nottingham Road Bike Path - Change Order No. 2 13. Adjournment. r tw' Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Eric Johnson, Planning Technician Date September 5, 2001 Re: First Reading of Ordinance 01-09, An Ordinance Amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision Summary Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights would be vacated leaving the larger Lot 27 with one development right. The Mountain Star Homeowners Association amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge the loss of one development right on Lot 24 and the creation of the larger Lot 27. On September 4, 2001 the Planning and Zoning Commission approved Resolution 01-08, recommending approval to the Town Council for the PUD Amendment. Recommendation Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision. Alternatives 1. Approve 2. Approve with conditions 3. Deny the application in whole or in part Proposed Motion "I move to approve on first reading Ordinance 01-09, approving an amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado. " Town Manager Comments T- <-0'I ? . Memo to Town Council, September 11, 2001 Page 1 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD Attachments: A. Ordinance 01-09 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 01-08 Memo to Town Council, September 11, 2001 Page 2 of 2 Ordinance 01-09, Amend Lot 27 MTST PUD TOWN OF AVON ORDINANCE NO. 01-09 SERIES OF 2001 AN ORDINANCE APPROVING AN AMENDMENT OF THE MOUNTAIN STAR PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 27 AND 24, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Richard Rogel has applied to amend the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on September 4, 2001, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD amendment to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2001, at which time the public was given an opportunity to express their opinions regarding the proposed PUD amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentv2.doc 2. That the amendment of the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for Lots 27 and 24, Mountain Star Subdivision comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is hereby approved, with the following condition: 1. That this PUD amendment is conditioned upon the approval of the resubdivision of Lots 27 and 24 to combine its portions into Lot 27. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this play of September, 2001, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of September, 2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk FACouncil (c)\Ordinances\2001\Ord 01-09 1-27,24 MTST PUD amendmentvldoc INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney F:\Council (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentvldoc Town of Avon PUD Staff Report September 4, 2001 Planning & Zoning Commission Meeting Report Date August 30, 2001 Project Type Planned Unit Development Amendment Legal Description Lots 24 & 27, Mountain Star Subdivision Current Zoning Planned Unit Development (PUD) (2 Single Family Lots) Address 1428 Paintbrush Introduction The applicant, Richard Rogel, owns Lots 24 and 27 in the Mountain Star Subdivision. He is seeking a PUD amendment in order to combine both lots, thus removing a development right from Lot 24 and creating a larger Lot 27. His residence is constructed on Lot 27. Accompanying this PUD amendment is an amended final plat which will vacate the lot line between these two properties. PUD Design Criteria The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate submittal material and the proposed development plan comply with each of the following design criteria or demonstrate that one or more of them is not applicable or that a particular development solution consistent with the public interest has been achieved. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and is compatible with surrounding development. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The application complies with the general design theme of the town and the Mountain Star design guidelines. The project has received approval from the Mountain Star DRB and Homeowners Association and the protective covenants have been amended to accommodate this application. 3. Design compatibility with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character and orientation. The project complies with the design compatibility of the immediate environment. The existing home on Lot 27 has been approved by the Design Review Board. 4. Uses, activity and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity. Uses and density proposed are compatible with surrounding uses and activity. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Mountain Star PUD Amendment Lots 24 and 27, Mountain Star Subdivision September 4, 2001 Planning & Zoning Commission meeting Page 3 of 3 Staff Comments Staff supports the PUD Amendment as proposed. The Mountain Star Homeowners Association amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge the loss of one development right on Lot 24 and the creation of a larger Lot 27. Accompanying this amendment will be an amended final plat to finalize the lot line vacation. Staff Recommendation Staff recommends approval of the PUD Amendment to remove a development right from Lot 24, vacating the lot line between Lots 24 and 27 and creating a larger Lot 27. Recommended Motion I move to approve Resolution 01-08 recommending to the Town Council approval of the application for an amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24. If you have any questions regarding this project or anything in this report, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, Eric Johnson Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-08 SERIES OF 2001 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE MOUNTAINSTAR PUD FOR LOT 27 AND LOT 24, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Richard Rogel has applied for an amendment to the Mountain Star PUD to combine Lot 27 and Lot 24 into a single-family lot. WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon. WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon approval of the application for amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24. ADOPTED THIS 4th DAY OF SEPTEMBER, 2001 XSigne Date: ?' " ans, Chair Attest f/l/ - Date: `?- L/ - pl Paul Klein, Secretary Memo To: Honorable Mayor and Town Council Thm: Bill Efting, Town Manager I From: Ruth Borne, Director Community Development '/• 'L 4? Date September 6, 2001 Re: Preliminary Plan Application for Lots 1, 2, and 3 A Resubdivision of Lots 1,2,3,4 and 5 of McCrady Acres, Town of Avon, Eagle County, Colorado P04601c Naurfhg Summary: On September 4, 2001, the Planning & Zoning Commission recommended approval of the preliminary plan application for Lots 1,2,3 of the Resubdivision of McGrady Acres, Lot 1,2,3,4 and 5 in Resolution 01-09. Comments have been received from the referral agencies. There are no comments that prevent the application from moving forward for approval. The application complies with the preliminary plan provisions set forth in Chapter 16.20 of the Avon Municipal Code. On July 18, 2001, a Petition to the Town of Avon for a Cul-De-Sac ("Petition") was submitted by residents of Eaglebend Drive. A copy of the Petition is incorporated and attached hereto. The current Preliminary Plan application does not include a cul-de-sac and indicates Eaglebend Drive connecting to Nottingham Ranch Road. In the event Council seeks modification to the preliminary plan, specifically terminating Eaglebend Drive and creating a cul-de-sac, the applicant will be required to submit an amended Preliminary Plan and application for variances from the current subdivision regulations. Staff will accordingly prepare a Resolution based upon Council's recommendations for action at a subsequent meeting. Alternatives 1. Approve the Preliminary Plan 2. Table the Preliminary Plan to allow the applicant to make revisions recommended by Council. 3. Deny the Preliminary Plan. Town Manager Comments: CC,'t c 44 ? Attachments: Petition for Cul-de-Sac Planning and Zoning Resolution 01-09 39 Page 2 PETITION TO TOWN OF AVON FOR CUL-DE-SAC We, the property owners and residents of Eaglebend Drive, Avon, Colorado, foresee the imminent degradation of the character, property value and safety within our neighborhood due to the increased traffic and construction activity from the Village at Avon development by Traer Creek, LLC. Therefore, we respectfully petition the Town of Avon to grant us relief by the construction of a cul-de-sac on the eastern end of Eaglebend Drive. We propose a cul-de-sac with no outlet, and only owners having property with existing or future residential use adjacent to the cul-de-sac will have access off the cul- de-sac itself. To the extent any owner of property along or near Eaglebend Drive (within the McGrady Acres PUD on the south side of the railroad tracks and west of Nottingham Ranch Road) requests rezoning to commercial use, we oppose such rezoning in order to prevent being bordered on both ends of our neighborhood by commercial uses, which have impacts of sight, sound and smell. Regardless of the use of adjacent property within McGrady Acres, the cul-de-sac should have an adequate buffer and screening from such uses, whether through berms, landscaping or other means. We encourage the use of property near the cul-de-sac for park or other neighborhood purposes and appreciate the installation of the recent park at the end of our street. We request that any proposed annexation of property into the Town of Avon within the McGrady Acres PUD along Eaglebend Drive and the realignment of Eaglebend Drive be conditioned on the construction of the cul-de-sac improvements described above. We request that the cul-de-sac be constructed prior to commencement of ap_y construction activity for the Village at Avon to prevent a substantial increase in traffic along our road by construction workers and other drivers that would otherwise be traveling from the construction site, to the various businesses located on the western end of Hurd Lane. Thank you for your consideration. Sincerely, The Residents of Eaglebend Drive lOOZ ? ? 7Rr (74 Eaglebend Filing 2 Lot 1 Roo?? K. Sue Lee 4311 Eaglebend Drive A TTkCA O) Lot 2 Susan Marshall & Robert E. Taylor Jr. 4321 Eaglebend Drive 4-14 V Lot 3 Paul & Mary Kathryn Colwell 4331 Eaglebend Drive Lot 4 Scott & Natalie Schroeder 4555 Eaglebend Drive Lot 5 y Frazer & Richard Morton 4625 Eaglebend Drive Jet ? J..,"tum?av Lot 61 Doru Anghel 4673 Eaglebend Drive Lot 7 Kat n Walsh 4755 Eaglebend Drive Lot 8 }1my W' ' ms hiliips 4831 Eaglebend Drive of 9 _ ? Miller 4883 Eaglebend Drive ?t 1 rt Schne' r 4915 Eaglebend Drive f Lot 11 Jamilla & Jeffrey Kovacik 4937 Eaglebend Drive Lot 12 Traci & Damon Carson 4995 Eaglebend Drive l Lot 1 onnan Sel 5011 Eaglebend Drive o?-sue Lot 14 K?lly Fore t Dantas 5033 Eaglebend Drive Lot 15 Robert L. Bank 5147 Eaglebend Drive Lot 16 Jesus Ro/berto?& Leticia A/vitia 5175 Eaglebend Drive v ?S(,•s eIle, A vtfi4? Vxbl Lot 17 Colleen M. Weiss 5221 Eaglebend Drive r18-1,em, L'Heureux 5273 Eaglebend Drive Lit 1 & y MEass 5297 Eaglebend Drive - r , -7P "Vlti Lot Gregory A. Bartock 5325 Eaglebend Drive 9R? Lot 21 Karen & Christopher Peck 5381 Eaglebend Drive Eaglebend filing 1 Lot 1 Michael Bowen 7000 Eaglebend Lot 2b Dixie pp?e e 6270 Eaglebend CLot 2a John J. Nobil 5270 Eaglebend S 1(oNwTu a-E A-TTAc+Acl?) Lot 3b qhn Kra?eger ol Dav' 5200 Eaglebend 3a Celine Sieger 5198 Eaglebend Lot 4 Gary & Judy Powell 5100 Eaglebend S 1 (a V-) A- 0 R-E c?1?CT Lot 5b Buz Did'er & Chris Morrison 5010 Eaglebend Lot 5a Mike Morrison & Denise Morrison 5008 Eaglebend Si(OOATAC Lot 6 Mike & Lea Faulkner A-VTAC-OM 5120 Eaglebend S 16 N lqg o u2c- t)-°Ack+ Lot 7b Ken & Sarah Taylor Lot 7a B= & Connie Smith Lot 8b Lyman Steil Lot 8a James & J May Lot 9 Marcel Flanagan Lot 10 Bruce & Gail "IfU m Lot 11, Jerry Tylick 4820 Eaglebend 4820 Eaglebend 4720 Eaglebend 4720 Eaglebend 144, 50 ?AAYE b GNA 4570 Eaglebend Lot 12b Ro er Wilkinson & Laurel Ames 4422 Eaglebend Lotl 2a Lolita Higbie 4420 Eaglebefdo? R Lot 13b James & Carol Bland 4312 Eaglebend Lot 13a Bev Szabo & John 4310 Eaglebend Lot 14 Jackie Montgomery To y Seibert 4220 Eaglebend Lot 15 Chris Ekren 4130 Eaglebend ?Lot 16 Mark Visosky 4040 Eaglebend Lot17 Je 3950 Eaglebend Lot 18b Waite & Jennifer Dandy 3660 Eaglebend Lot 1 a iy,ra' C Ferraro 3660 Eaglebend s G lde 3770 Eaglebend Lot 19a Marilyn &David Maher 3770 Eagle bend 5i 6"O ATO k c OTTAC-06b ??^a ?/iPaa.? 3?zo EA?1?6 w? U. (a VA NS L-, n ,It EL- ? de.?? 1on© iivA L,0. e? 1-2 PETITION TU TOWN OF AVON FOR CUI-DMAC wc, the property owners and residents of Eagicbend Drive, Avon, Colorado, foresee the immirx nt degradation of the character, proNrty value and safety within our neighborhood due to the increased traffic and construction activity from the Vill4V at Avon development by Traer Creek, LLC. Therefore, we respectfully petition the Town of Avon to grant us relief by the construction of a oul-de-sac on the eastern end of lebend Dhrive. We propose a cul-de-sac with no outlet, and only owners having property with exisdum or future residential use adjacent to the cul-de-sac will have access oft tho tul- de-sac itself. To the extent any owner of property along or near Eagleberid Drive (within the McCrady Acres PUD can the south side of the railroad tracks and wt*t of Nottingham Ranch !toad) rcqucsts rczonutg to commercial usc, we oppose such rezoning in order to prevent twinY bordered nn tenth prydz of n»r rw- ighilnrhond by curntr.eroisl uses, whi&. have impacts of sight, sound and smell, Regardtess of the use of adjaront property within McCrady Acres, the cu)-&-sac should have an adequate buftcr and screening from such uses, whether through borms, landscaping or other means. We enaoumge the use of property near the cul-de-sac for park or other neighborhood purposes and appreciate the installation of the recent park at the end of our strert. We rcquost that any proposed annexation of property into the Town of Avon within the McCrady Acres PUD along 1~agieberal Drive and the realignment of F.agle.bcitd Drive be oonditioned on the ronstruotioih of the cul-do-sac improvements descnt.tA al.sove. We rNuest that the ctjl-dr-sac he constrvc-ted prior to commencement of any construction activity for the. Village at Avon to prewrnt a substantial increase in traffic along our mad by construction workers a+ul other drivers that would otherwise be traveling ftm the construction site to the various businesses located on the western end of Hurd Lane. Thank you for your consideration, - " Singly, i i "'NN 17) The Residents of 1, lebend? Drive! J Tj (tcL Eaglebend filing 1 Lot 1 Michael Bowen 7000 Eaglebend Lot 2b Dixie Applegate 6270 Faglebend Lot 2a John J. Nobil 5270 Eaglebend Lot 3b John Kreuger & Carol Davis 5200 Eaglebend Lot 3a Ben & Celine Krueger 5198 Eaglebend Lot 4 Gary & Jud ow 5100 Eaglebend Lot 5b Buz Didier & Chris Morrisan 5010 aglebend Lot 5a Mike Morrison & Denise Morrison 5005 Eaglebend Lot 6 Mdse & Lea Faulkner 5120 Eaglebend ?70'4 <'UU*UN L?..£L l0,vT -w :or - - - -??ilb/1001 12:42 970-476-7644 DIDIER CONSTRUCTION PAGE 01 1P-E TO TOWN Or A V01V- FOR CUB,-.DE-SAC We, the property ors and residents of Ea foresee the immi-nent degradation of the character glebend Drive, Avon, Colorado, our neighborhood due to the increased ' PrOP"tY value and Avon development by Traer Creek, ?ffic and construction activi from safety the Vwithinillage at of Avon to grant us relief by the consLLC.truction Therefo ofrea, wce-dulreespectfull he eastern end of Eaglebend Drive. -sac on t We Propose a cul-de-sac with no outlet existing or future residential use adiacent to the c an de sac owners ha pro de-sac itself TO the extent an owner P? ty with the McGradv Acres P Y of Property along or near Eab. Iic the glebMd Drive (within south side of the railroad tracks Ranch Road) requests iAnin g to commercial use, and west of Nottineham m. vent bcina bordered on we oppose such b-9ye 1!n r.?c 1*4 rn?1e Of ?»r n?i vhhn r'nrczon ing in order to Of sight SDI1r??l And cmPll, l?o ° • .... • iri by mrn&eial Lis" which McCrady Acres, the cul-de-sac should have an add uatebebufferf and screen within uses. whether through berms landscaping or other means We encourage the use of from such Property near the cul-de-sac for park or other neighborhood purposes and appreciate 0- installation of the recent nark at the end of oiar strict. the We request within the M cGra that ny proposed annexation of prop into the Town of Acres erty along EaelebendDriveand the rcalieninetvof Eaglebend Drive be conditioned on the conStTuction of the cul-de-sac improvements described above. We *E?gtrPCt that the cell-de-sac be cons. r Of 2_ny construction ??-tivlt; for the Village- ?*t.c.ed !?Pio* to cc'm?!lenccrne!7? traffic along our road by construction workers M Avon and other drivers that would otherwi n i traveling from the construction site to the various businesses located on the wester be of Hurd Lane, end ank yo or yo con ration. Si re The Residents Eag bend Drive c? III : 71JL 1" 1J1 I I Ekdebend filing I Lot 1 Micbeel Bowen 7.600 Eaglebe:nd Lot 2b Dixie Applegate 6270 Eaglebend Lot 2a John 3. ' ?;obil 5270 Eaglebend Lot 3b _iolui 1reuger & Carol DavIS 5200 Eaglebend Lot 3a lien &. Celine Ksveger 519$ Faglebend 1,014 Omy & Judy Powell 5100 Eaglebend Lot 5b 3«.z Didier & Chris Morrison 5010 Faglcbend I.nt 5o Mee Morrison & Denisp..Morri.son 5110$ F4916errd Lot 6 Mike & Lea FmAkner 5120 Eaglebend Eagtcbend filing 1 Lot 1 Michael Bowen 7000 Eaglebend. Lot zb Dixie Applegate 6270 Eaglebe.nd Lot 2a John J, Nobil 5270 laaglebend of A John Krueger & Carol Davis 5200 Lnglcbend Lot 3.9 Ben & Celir?o Krueger 5198 Eaglebend i.ot 4 Glary & Judy Powell 5100 F'sag]ebend LOE 5b Buz Didier & Chris Morrison 5010 FF,aglebend Lot 5a Mille Morrison & Denise Morrison 5008 Eaglebend Lot 6 [alike & Lea Faulkner 5120 H'aglcbend 7,0'j T00' FIN t.fZ'cT T0,17T -Iq ;0I Lot 7b Ken & Sarah Taylor i.,ot 7a Bill & Corunie Smith Lot 8b t.yman Steil Lot 84 -fames & Judy May 4820 Eaglebend I 487.0 Lagicbend 4720 Laglebend 4720 Lagtebend Lot 9 Marcel Flanagan Lot 10 Bruce & Gail Ururnm 4570 Eaglcbend Lot 11 Jerry '1'ylick Lot 12b Rodger Wilkenson & Laurel Ames Lot 12a C,olita Hi bie Lot 13b hones & Carol Maud 4422 Englebend i I i 4420 Eaglebend 4312 Eaglebond j ?7t)' d OTU" 11N -'():VT 10, VT 7i°iC : QI FROM . UR I L RPOCP IRE DEL I VERY pHO4E ti,07 . °70.945$3 Eaglebend Filing 2 21- .54PM n_ Lot i Robert &/E. Sue ee? 4311 L;aglebend Dnvc A LOi % ;uNdll xVUUbl>Q11 «. iio'vcn E, a for Jr. 4j Y li tagleberd Drive Lot 3 Paul & Mary Kathryn Colwell 4331 l aelebend Drive Lot 4 Scott & Natalie Sclirr__&r 4555 EagiebeW Drive Lot 5 Amy Frazer & Richard Morton 4625 Eaglebend Drive L", ?. 6 n ? tv? •,:•: `? • "`b'^'' 4673 Eaglevend Drive Lot 7 Kathleen Walsh -Tot 8 Amy & Williams PhittiIpS Lot 9 Paul & Mary Miller Lot 10 Curt Schneider Lot i 1 3at-iiilia & Jefficy KE3vacik Lot. 12 Traci & Damon Carson 4755 Eaglebend Drive 4831 F,a aW_-bcrd Drive 4883 Laglebend Chive dot$ PO-JA-.,f 4937 Eaglebend Drive 4995 Eagiebend Dnvc Eaglebend filing l Lot I Michael E3owen 70001aglebend Lot 2b Dixie Applegate 6270 Eaglebend Lot 2a John J. Nobil 5270 Eaglebend Lot 3b John Kreuger & Carol Davis 5200 Eaglebend Lot 3a Ben & Celine Krueger 5198 Eaglebend Lat 4 Gary & Judy Powell 5100 Eaglebend Lot 5b Buz Didier & Chris Morrison 5010 Eaglebend Lot 5a Mike Morrison & Denise Morrison 5008 Eaglebend Lot 6 & ul er \ 5120 Eaglebend 7"t Z.o•d Voo'oN S?:il io,vz -inr :at 910- 91g - 9387 Lot 7b ken & Sarah Taylor Lot 7a Bill & Connie Sinith 4820 Eaglebend 48201= uglcbcIld Lot 8h Lyman Ste' Lot 8a Ames & Judy May 117 Z 7r 4728 Eaglebend 4720 Eaglebund Lot 9 March Flanagan Lot 10 Bruce & Gail Drumm 4570 Eaglebend Lot 11 Jerry Tylick Lot 12b Rodger Wilkenson & Laurel Ames Lots 2a LOlita Iiagbie L01 13b Jarnev & Carol Bland "27 Eagtebend 4420 Eagleband 4312 Laglebond TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-09 A RESOLUTION RECOMMENDING APPROVAL FOR THE PRELIMINARY SUBDIVISON PLAN FOR LOTS 1, 2, 3, 4, AND 5 OF MCGRADY ACRES PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Traer Creek LLC has submitted a Preliminary Subdivision Plan application for the Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres PUD; and WHEREAS, the Planning & Zoning Commission of the Town of Avon having considered the applications and reviewed the plans for the Preliminary Subdivision Plan application for the Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres PUD; and NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission Of the Town of Avon, Colorado, hereby recommends approval for: 1. The preliminary subdivision plan for the Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres PUD. ADOPTED THIS 4th DAY OF SEPTEMBER, 2001 Date: / - %j? Chris Evans, Chair Attest: Date: Paul Klein, Secretary MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 28, 2001 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 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Mayor Protein Buz Reynolds present. Councilor Rick Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Director of Community Development Ruth Borne, as well as members of the public. Citizen Input: Triathlon Update Adult Recreation Coordinator Mike Mullins stated that the 6th annual Avon Triathlon is scheduled for September 9th. He stated 150 people are registered for the triathlon and 20 for the duathlon. He stated that the triathlon will include swimming in the pool at the recreation center, a 14 mile bike race up through Bachelor Gulch and down through Beaver Creek, and a 5 mile run up Beaver Creek. Mr. Mullins added that Benchmark Road will be closed from the Avon Library to the Comfort Inn for safety purposes. Resolutions: Resolution No. 01-20, Series of 2001, A Resolution Approving the Preliminary Plan for Mountain Vista Condominiums, A Resubdivision of Lot 2A, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado Director of Community Development Borne stated that Points of Colorado is applying for a preliminary plan for the 100 timeshare units on Lot C, which is Phase 1 A. Staff recommends approval. Boardmember Debbie Buckley motioned approval of Resolution no. 01-20, Series of 2001. Boardmember McDevitt seconded the motion. The motion carried unanimously. Resolutions: Mayor Yoder stated that item c on the Consent Agenda has been moved to the Resolution portion of the Agenda. Mayor Yoder read the resolution in it's entirety. Resolution No. 01-19, Series of 2001, A Resolution Designating September 9th to 15th as "Try Transit Week" Boardmember Debbie Buckley stated that the Eagle County Regional Transit Board will have "Tri Transit Day" on September 11th. The radio stations will be broadcasting from the Vail Transportation Center, and there will be free rides for people who want to try public transportation. She encouraged everyone to participate. Boardmember Debbie Buckley motioned approval of Resolution No. 01-19, Series of 2001. Boardmember Brown seconded the motion. The motion carried unanimously. Unfinished Business: The Village (at Avon) Temporary Construction Access Mayor Yoder stated that this item has been pulled from the agenda. Town Manger Efting stated that the applicant has decided that he does not need secondary access throuO Eaglebend Drive or E. Beaver Creek Blvd. The change will be made on September I It by Resolution. Mayor Yoder also reminded the public that the September 4 Planning & Zoning Commission meeting is a public hearing for the McGrady Acres annexation. The meeting is scheduled for 6:00 PM. Town Manager Report: Town Manager Efting stated that both of the bike path construction projects are going well and should be open for use in two to four weeks. Consent Agenda: a.) Approval of the August 14, 2001 Council Meeting Minutes b.) Financial Matters c.) Resolution No. 01-19, Series of 2001, A Resolution Designating September 9th to 15th as "Try Transit Week" d.) Resolution No. 01-21, Series of 2001, A Resolution Approving the Regular Council Meeting August 28, 2001 Condominium Map, Mountain Vista Condominiums, A Resubdivision of Lot 2A, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado e.) Resolution No. 01-22, Series of 2001, A Resolution Accepting Public Improvements and Establishing a Warranty Period in Accordance with the Subdivision Improvements Agreement for the Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado f.) Avon Recreation Center Refurbishment of the Locker and Changing Rooms -Construction Contract Administration Services Note: Consent Agenda approved with the omission of item c which was previously approved under Resolutions. Boardmember Brown motioned approval of the Consent Agenda. Boardmember McDevitt seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Debbie Buckley motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion carried unanimously and the meeting adjourned at 5:41 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting August 28, 2001 TOWN OF AVON RESOLUTION NO. 01-23 SERIES OF 2001 A RESOLUTION AMENDING TOWN OF AVON RESOLUTION NO. 01-09. WHEREAS on June 12, 2001, the Avon Town Council adopted Resolution No. 01- 09, Series of 2001 (hereinafter referred to as "the Resolution") (a copy of which is attached and incorporated herein) for the purpose, among others, of approving Traer Creek LLC's Preliminary Plan Subdivision Application for The Village (at Avon) Filing 1; and WHEREAS the Resolution included a part III titled "Permit for Work Within Public Right of Way - Stonebridge Temporary Construction Access," which part III provided terms and conditions for the issuance of a permit for work within the public right of way for the installation of a temporary construction access from Stonebridge Drive in Avon; and WHEREAS part III of the Resolution also included a proviso as follows: "PROVIDED: In lieu of granting the developer rights of temporary construction access over Stonebridge Drive as set forth herein, the Town Council may, on or before September 10, 2001, designate East Beaver Creek Boulevard as the site of temporary construction access. The above stated conditions and requirements of the access permit shall all apply regardless of whether the temporary construction access route is over East Beaver Creek Boulevard or Stonebridge Drive." and; WHEREAS on August 27, 2001, applicant Traer Creek LLC withdrew its request that the resolution approving its Preliminary Subdivision Plan for The Village (at Avon) Filing 1 contain any reference to terms and conditions for the issuance of a permit for work within the public right of way for the installation of a temporary construction access from Stonebridge Drive in Avon. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. The Town Council hereby amends the Resolution by deleting part III thereof in its entirety, and in all other respects re-approves and re-adopts the Resolution. ADOPTED this 11th day of September, 2001. TOWN OF AVON, COLORADO ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney Judy Yoder, Mayor TOWN OF AVON RESOLUTION 01- 09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing-1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development/ Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, T raer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. DevelopmenUSketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminar y subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of June, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT"). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. 2 'r a • e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. Drainage: Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. g. Utilities: Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be . provided by the appropriate entities to the Town of Avon. g. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 10. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 11. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. II. Variance - Permit for Overlot Grading Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Ouality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure is satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. 3 y. 4. Rock crusher and related operations shall be located at least 800 feet from the southerly property line, known as the railroad right of way. The rock crusher shall be screened on the southerly side by a berm at least 20 feet high. The berm shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. III. Permit for Work Within Public Right of Way - Stonebridge Temporary Construction Access: The following conditions must be met prior to issuance of a permit for work within the Public Right of Way for the installation of a temporary construction access from Stonebridge Drive: a. The 1-70 Interchange ramps must not be available for construction traffic; and b. The Nottingham Ranch Road bridge must not be available for construction traffic. 2. The Stonebridge Temporary Access permit will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a. In no event shall the Stonebridge Temporary Access be used for construction access longer than six (6) consecutive months. b. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. 3. PROVIDED: In lieu of granting the developer rights of temporary construction access over. Stonebridge Drive as set forth herein, the Town Council may, on or before September 10, 2001, designate East Beaver Creek Boulevard as the site of temporary construction access. The above stated conditions and requirements of the access permit shall all apply regardless of whether the temporary construction access route is over East Beaver Creek Boulevard or Stonebridge Drive: IV. riling 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 1. Temporary/Permanent Roads a. East Beaver Creek Boulevard and Chapel Place may be located • in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. . Proviso added by amendment.' 4 b. No building permit will be issued or development authorized on 40 Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS :?, DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO • I.AA y Yode M or EST: Town Clerk is 5 INTERGOVERNMENTALAGREEMENT FOR 800 MHz WIDE AREA SMARTZONE TRUNKING RADIO SERVICES THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of , 2001, effective September 1, 2001 by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("County") and Town of Avon, a [municipal corporation, a special district under the laws of Colorado], acting by and through its Board of Directors ("Users). RECITALS 1. Eagle County has begun the installation of a planned multi-phase 800 MHz radio system project, the successive phases being intended to expand the territorial reach of the system ("800 MHz System"). The completed phases of the 800 MHz System are operating. 2. Eagle County is willing to provide User, and other governments, emergency service responders (all of which, together, are referred to herein as "Users"), and certain other special districts, non-exclusive access to the 800 MHz System. 3. User wants to use the 800 MHz System for its intrajurisdiction and interjurisdiction communications. 4. County and User are authorized by Colorado Constitution Art XIV §18(2) and §29-1-201, et seq., CRS, to enter into this agreement. They want to enter into it to establish the terms and conditions for User's access to the 800 MHz System. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I TERM & TERMINATION The-initial Term of this Agreement shall be September 1, 2001, through December 31, 2001. This Agreement shall be automatically renewed for successive one-year periods (January 1 through December 31), not exceeding four (4) such renewals, unless it is terminated in accordance with this Article or unless either party gives the other written notice of its election not to renew not later than June 30 of the expiring term. Any time during the Term of this Agreement, any party aggrieved of a material breach of this Agreement may serve on the other party a written notice describing the breach. If the breach is page 1 H:\DIANA\IGA 800MHZ 2001.DOC not cured within 30 days after the delivery of the notice, this Agreement automatically shall terminate. Upon termination of this Agreement, the User shall immediately reprogram all of its radios containing County template programming and SmartZone system parameters from its equipment at its sole expense. Such reprogramming must be performed by Motorola or a service provider approved by the System Manager. Notwithstanding anything in this Agreement to the contrary, neither party shall have any obligations under this Agreement with respect to any date or period after the last day of the fiscal year in which this Agreement commences, except and to the extent the same is provided for by lawful appropriation in accordance with the applicable governmental budget laws. A party shall give the other party notice of its failure or other inability to make or obtain appropriations for the obligations set forth in this Agreement within ten (10) business days of adoption of a budget for the next fiscal year, and of the effective termination date of approved appropriations, and this Agreement shall terminate effective that date. ARTICLE II THE 800 MHz SYSTEM The 800 MHz System is a radio communications system which allows Users, or defined multi-jurisdictional Users groups, to communicate with one another throughout the geographic reach of the system. System communications depend upon antenna/transmitter-receiver sites with County leases or subleases from others, which are subject to expiration or termination which may cause the loss of geographic reach of the system as well as the need to relocate antennas. The 800 MHz System is subject to electromagnetic and meterorological disruption and to electronic and mechanical failure. The County cannot and does not guarantee the operability of the 800 MHz System as a whole or in any particular part or geographic reach, but the County will use its best efforts to maintain the system. The County intends to expand the geographic reach of the 800 MHz System, but the County cannot make a promise about when or even whether it will do so. The County will seek the User Group's input regarding the expansion. The 800 MHz System is expected to be used by public safety agencies and by "Shared Users," consisting of public and quasi-public non-public-safety agencies. User's use of the 800 MHz System hereunder is a non-exclusive use. Any failure or impairment of the 800 MHz System's facilities or any delay or interruption to the use of the System due to an Act of God or Force Majeure or due to any other causes beyond the page 2 H:\DIANA\IGA 80OMHZ 2001.DOC direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. By entering into this Agreement, User accepts the 800 MHz System as it presently exists and subject to the foregoing limitations. ARTICLE III THE 800 MHz SYSTEM USER GROUP County will establish the "800 MHz User Group" ("User Group") for the purpose of assisting the County in administering the multiple-jurisdiction use of the 800 MHz System. The User Group will consist of the Eagle County Sheriff, four (4) representatives from public safety agency Users and one (1) representative of Shared User agencies selected by the Board of County Commissioners. The five Users representatives shall serve two-year terms or until their successors are appointed by the Board of County Commissioners. The Sheriff is the Chairman of the User Group. The User Group shall meet at the call of the Sheriff or in accordance with such bylaws as it may adopt. The User Group is an advisory board to the Eagle County Board of County Commissioners, and is not an independent legal entity. The User Group is responsible for developing a budget for the operation of the 800 MHz System. It will annually review the operating cost of the system and recommend User fees. Recognizing that the costs and revenues from operation of the 800 MHz System must be incorporated into the annual County budget, and the annual budgets of all Users, the User Group will make its recommendation to the Eagle County Sheriff not later than July 15th of each year, or as soon thereafter as is practicable. The User Group is responsible for reviewing and approving template designs for 800 MHz System Users. ARTICLE IV SYSTEM COORDINATION The Eagle County Sheriff, or his designee, shall serve as "System Manager." Each User shall designate a "Trunking Coordinator" who will serve as the single point of contact between the User and the User Group and/or System Manager. A designation shall be made by notice in writing to the System Manager, and may be changed at User's discretion by written notice to the System Manager. page 3 H:\DIANA\IGA 80OMHZ 2001.DOC A User may not change talk group names, talk group functions, talk group alias's or any other programming without consulting with and obtaining the approval of the System Manager, who shall approve the change unless he concludes it will or may disrupt 800 MHz System use or management. All programming shall be done on User's radios and other equipment by Motorola or other person approved by the System Manager. ARTICLE V EQUIPMENT County will provide User access to all operating phases of the 800 MHz System for the use of User's radio units. Only County or County-approved receiving or transmitting equipment may be installed at the antenna sites. User is solely responsible for the compatibility of its equipment with the 800 MHz System, even if that equipment has been approved by the System Manager, whose approvals are not intended to and do not constitute a promise or warranty of compatibility. User acknowledges that the system was designed and is maintained by Motorola Communications and Electronics, Inc., and that equipment by other manufacturers (and some Motorola equipment) may not be compatible. User acknowledges that it has familiarized itself with the technical characteristics of the 800 MHz System and of the types of equipment compatible with it. All radio units must be approved by the System Manager before they are used on or programmed for use on the 800 MHz System. The System Manager will approve the radio units if they meet SmartZone compatibility criteria (as set forth on Attachment B or as changed from time-to-time). ARTICLE VI PROGRAMMING Programming requires one radio template for each model of Motorola SmartZone radio. All patches, permanent or temporary, to conventional (UHF/VHF) radio channels must be approved by the System Manager before they become operational, including patches controlled by Public Safety Electronics Banks, 800 MHz Control/Desktop Stations, Mobile and Portable Radios. page 4 H:\DIANA\IGA 80OMHZ 2001.DOC ARTICLE VII SYSTEM RULES OF USE FCC RULES. County holds a license from FCC for the operation of the 800 MHz System. User shall comply with the terms of the license and federal, state and local laws, orders and regulations with respect to system use. SCAN. User will use the Motorola "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. DISABLING RADIO. In the SmartZone environment, it is possible for a User's radio to "drag" voice traffic to a radio site, thus causing power consumption and system loading. The System Manager reserves the right to disable a radio from one or more SmartZone sites should the radios cause sites to be busy. After initial installation, should any interference result from the User's operation of this equipment the County may order corrective measures - including discontinuing equipment, uses and activities which are or may be causing the interference - to be taken immediately and interference eliminated within two (2) days of giving notice. The User shall be responsible and shall assume the cost of the corrective measures needed to eliminate the interference or modify it to the satisfaction of the System Manager. ARTICLE VIII SECURITY User may not loan, issue or assign any radios on a permanent or temporary basis to any outside organization without a written authorization by the System Manager. Radio programming security requires that no radio service software (RSS) modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the system ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, or any present or future options in future RSS software releases. Users will be responsible and will assume the cost of the corrective measures needed to eliminate system problems due to any unauthorized radio software modifications. page 5 H:\DIANA\IGA 80OMHZ 2001.DOC ARTICLE IX CONFIDENTIAL INFORMATION Radio software is confidential. Talk group decimal/hexadecimal ID's and template information provided for the template design process also is considered confidential information. User shall not disclose any radio software information to anyone without the County's permission. If User makes an unauthorized disclosure of confidential information, the County may terminate this Agreement. ARTICLE X INDEMNIFICATION To the extent allowed by law, each party to the Agreement will defend, save harmless, and indemnify the other from any liability to any third party arising solely out of the negligent acts of the indemnifying party's officers, employees or agents in the performance of this Agreement. Nothing herein is intended to or does waive the provisions of the Governmental Immunity Act. ARTICLE XI TRAINING The success of the 800 MHz System and the safety of personnel depends upon user training; therefore, no employee or agent of User shall be permitted to use the system without the training. User is responsible for providing to each of its employees and agents the minimum training specified by the System Manager. The County may provide system training for the User's personnel at a fee to be agreed upon at the time of training. ARTICLE XII COMPENSATION MAINTENANCE FEE. User will be charged a yearly maintenance fee to cover the operational cost of the 800 MHz System, payable by January 31 of each year (or 30 days after execution of this Agreement, for the year 2001). The maintenance fee will not include initial mobile installation, programming, future talk group or software feature changes to radios, which are the responsibility of each User. ADDITIONAL FEE FOR MUTUAL AID RADIOS. The County reserves the right to charge User a monthly/yearly rate for any mutual aid radio that uses the 800 MHz System for User's primary H:\DIANA\IGA 80OMHZ 2001.DOC page 6 communications. This includes using a logical patch talk group to bypass User's conventional radio system. ARTICLE XIII PRICING STRUCTURE - DEFINITIONS. Tier 1 - Entities are defined as State, County, and Local Municipal Public Safety agencies in Eagle County. Tier 2 - Agencies of surrounding counties which are allowed by County to connect to the SmartZone "brain." "Shared Users" are special districts and quasi-governmental entities not providing public safety services. A "Unit" is either a handheld, portable, mobile radio, base station, or other identified unit. A "Mutual Aid Unit" is a Unit used by a non-User who is on the User's system for purposes of providing mutual aid for some specific incident. ARTICLE XIV PRICING STRUCTURE - FEES. The annual fee for the first year of the term of this Agreement (prorated based on a 365-day year) is as follows: Tier 1 Users will pay a flat rate of $200.00 per unit, per year for the year 2001; provided that County may negotiate credits with individual Users who contribute enhancements to the 800 MHz System. Tier 2 Users will pay a flat rate of $ per month per port. The following year's pricing structure for all Users will be determined after an annual review by the User Group of the actual operating cost incurred during the past year. The operating cost will need to be re-evaluated every year. The formula to determine the operating cost will be: Site rental costs, Microwave tower rental, Backbone maintenance, Wire line lease costs, Equipment repair and replacement costs, and System Manager costs. page 7 H:\DIANA\IGA 80OMHZ 2001.DOC - Minus - - Divided by - - Equals - ARTICLE XV NON-ASSIGNMENT This Agreement is intended to fill a vital element in the provision of public safety services to the people of Eagle County. User may not assign, sublease or in any manner convey, in whole or in part, its rights under this Agreement. DATED 2001. By: Mayor ATTEST: Town Clerk ATTEST: Clerk to the Board of County Commissioners Income from Users (including Tier 1, Tier 2 and Shared Users). Total predicted number of units Annual Maintenance Fee per unit, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Tom C. Stone Chairman page 8 H:\DIANA\IGA 80OMHZ 2001.DOC 001.6 nip Pitney Bowes J-N Your Business Information ReMa/Aleva et # 4 60 j_ I 1 11 FULL LEGAL NAME OF RENTER DBA NAME EMAIL ADDRESS BILLING ADDRESS qty STATE ZIP+4 PHONE # CONTACT NAME SEND INVOICE TO ATTN OF EQUIPMENT LOCATION F NOT SAME AS ABOVE) CITY STATE ZIP+4 CREDIT CARD # EXP DATE NAME ON CARD TYPE cqn Your Business Needs My A(odef - F4u#wwentrdF Servk'sig V6-'t?!*?/?s i41opilriwl«f, a±ns /!?d'+W cli?? Your Payment Plan Initial Rental Term Billing Frequency ? Monthly ? Quarterly ? Other (speccily First Next $ Next $ Next $ Next $ Initial Check Amount CHECK ITEMS TV BE INCLUDED IN YOUR TOTAL RENTAL PAVMW ? Equipment Maintenance Agreement On Rental ? Soft-Guard Arnaw e d ? Software Maintenance Agreement ? Meter On Rental ? Renter Retains Title :?9 Rental Teirnms and Conditions By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule attached hereto (the "Equipment") for business or commercial purposes. Your offer will be binding on us when we accept It by having an authorized employee sign ft. All payments hereunder shall be payable only to us at our executive office, unless we direct you otherwise in writing. 1. NON-APPROPRIATION: You warrant that you have funds available to pay the Total Payments until the end of your current appropriation period, and shall use your best efforts to obtain funds to pay the Total Payments In each subsequent appropriation period through the end of your Initial Term. If your appropriation request to your legislative body, or funding authority ("Governing Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day of the appropriation period for which funds have been appropriated, upon: (1 submission of certified copies of your funding request and the Governing Body's denial of the appropriation request, and go satisfaction of all charges and obligations under this Agreement incurred through the end of the appropriation period, including the return of the Equipment at your expense. ti you terminate this Agreement and return the Equipment under this Section, you shall not purchase or rent equipment performing substantially similar functions to those performed by the Equipment for a period of one year following termination. SIGNATURE TITLE PRINT NAME DATE F 'COUNT REP NAME EMPLOYEE # DISTRICT NAME & # PB ACCEPTED BY TITLE DATE EXECUTIVE OFFICE. 27 WATERVIEW DR • SHELTON, CT 06484-4361 • EOUIPMENT VENDOR: PITNEY BOWES INC. a FOR SALES AND SERVICE CALL 1-800-322-8000 WHITE COPY PBCC • PINK COPY PITNEY BOWES INC. a YELLOW COPY CUSTOMER PB SLR2 (3/00) PAGE 1 4LG PAGF¢ 3 2. 2 MD AnnrTin\IAI TCDRAO A\m PALMITlnun Pitney Bowes rIll ? Your Business Infivrmat?on ReI¦talAeCAWf so 4 FULL LEGAL NAME OF RENTER DBA NAME EMAIL ADDRESS BIWNG ADDRESS CITY STATE 2IP+4 PHONE # CONTACT NAME SEND INVOICE TO ATTN OF EQUIPMENT LOCATION F NOT SAME AS ABOVE) CffY STATE ZIP-+4 CREDIT CARD# EXP DATE NAME ON CARD TYPE CWn Your Business Needs Qty I Model I Equipment & Services Description sw onw* Dsw ohm eAm PAmvwwPd Dw= No* Pw=%&c*no EMA Price Trade-Up Code Trade-Up Date Trade-Up Lessee SCH Trade-Up Amodnt $ $ COMMENCEMENT DATE CR CREDfT ACCOUNr# MKT CODE RBL REFEREMCEN CANCEL SUPERSEDE LESSEE* SCH4 Remarks cll? Your Payment Plan Frequency ? Monthly ? Quarterly ? Other (specify Total Initial Rental Term Billing #"PA9on one bwpJpaeM Ner"ft-W AllPsp-w Sd*Wdr+lomd SIIMh?w.sf mdw/a~ dpibw Befitit First $ Next $ Next Next $ Next $ Initial Check Amount $ SIGNATURE TITLE PRINT NAME DATE PB ACCOUNT REP NAME EMPLOYEE # DISTRICT NAME & # PB ACCEPTED BY TITLE DATE EXECUTIVE OFFICE: 27 WATERVIEW DR • SHELTON, CT 06484-4361 a EQUIPMENT VENDOR: PITNEY BOWES INC. • FOR SALES AND SERVICE CALL 1-800-322-8000 TAX SALES REPRESENTATIVE WORKSHEET FOR INTERNAL USE ONLY PB SLR2 (3/00) 2. TERM. This Agreement shall commence on the date of delivery of the Equipment and shall continue until the earlier of: (i) the occurrence of an event of default; or (ii) a non-appropriation and your election to terminate this Agreement under Section 1; or (iii) the expiration of the Initial Rental Term and your payment of all Total Payments id other sums due, and your fulfillment of all other obligations, under this Agreement. 3. EQUIPMENT MAINTENANCE AGREEMENT ("EMA"). If you select Equipment Maintenance, we shall provide, under the EMA, maintenance and emergency repair services on the Equipment, including new (or equivalent) parts required due to normal wear, during normal business hours. We may assess additional hourly charges for service performed outside normal business hours. Service and repairs due to negligence, misuse, external forces, loss of electrical power, power fluctuation, use of supplies not meeting our specifi- cations, or service supplied by third parties are excluded. Consumable supplies and rate program software for electronic scales are not included under the EMA. 4. SOFT-GUARD AGREEMENT. If you select SOFT-GUARD, you have subscribed to the SOFT-GUARD Rate Protection Plan with us, and we shall provide up to six (6) qualified PROM or Disk replacements (media) over a twelve month period at no additional charge. The SOFT-GUARD Agreement covers the following types of events: (i) Postal or carrier rate increases or decreases, (ii) changes in service provided by carriers (e. g., required new report formats, or geographical expansions), and (iii) all Zip Code or zone changes. The following types of events are not covered by this SOFTGUARD Agreement: (a) custom rate changes, (b) new classes of service offered by carriers, and (c) new PROMs or Disks edia) needed to establish a new home Zip code due to a ..,Iange in equipment location. 5. SOFTWARE MAINTENANCE AGREEMENT ("SMA"). If you select Software Maintenance, we shall provide, under the SMA, at no additional charge toll free telephone technical assistance relating to software programs and updated versions i.e., fixes and minor enhancements (excluding postal or carrier rate changes) of the licensed program. If you are renting addressing products, the SMA provides Addressing Software Update subscriptions covering quarterly national and state updates to the Pitney Bowes national address directory, as well as required periodic and/or random software updates needed to comply with changes of United States Postal Service regulations or databases. 6. METER BILLING. If you select Meter on Rental, you have entered into a Postage Meter Rental Agreement. Refer to your Postage Meter Rental Agreement for its terms and conditions. Notwithstanding anything contained herein, any meter(s) will at all times remain our property. 7. AUTOMATIC PROM REPLACEMENT. If you did not select SOFT-GUARD, we shall provide without further request from you Automatic PROM Replacement, embodying software or rate changes. You shall receive notice when replacements become available, and may order replacements at that time. We do not undertake to provide replacement PROMs whenever ',ere is a change in a carrier's service coverage. You agree pay the then current list price for each PROM ordered for aelivery with the Equipment or supplied under the above terms, except that there shall be no charge for the replacement PROMs issued within 90 days after the Equipment installation. 8. WARRANTIES. We warrant the Equipment, PROM's and Software covered by this Agreement (excluding consumable parts and supplies) to be free from defect in material, workmanship, or programming for 90 days following instal- lation. If, during this time, you have any problems (not resulting from accident or misuse), we will repair or, at our option, replace any such defective item. PROM's and software are programmed with rates and computation methods which may be specific to a carrier or regulated by a government agency. If such rates or methods are changed by the carrier or the agency within these 90 days, we will update or replace affected PROM's or Software to reflect current rates and methods. We will assume the obligations stated herein only if you operate the Equipment, PROM's and Software in accordance with their published operating instructions and only for the ordinary purposes for which they were designed. THIS IS THE ONLY WARRANTY APPLICABLE TO THIS AGREEMENT, THE EQUIPMENT, PROM's AND SOFTWARE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. REPAIR OR REPLACEMENT OF THE EQUIPMENT IS YOUR SOLE REMEDY FOR BREACH OF WARRANTY. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES INCURRED BY REASON OF THE FAILURE OF THE EQUIPMENT, PROM's OR SOFTWARE TO OPERATE AS INTENDED, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. 9. COMPUTATION OF TOTAL PAYMENT. You shall pay each and every Total Payment for the entire Initial Rental Term. The amount of each Total Payment is based on the cost of the Equipment, inclusive of all related expenses (plus, at your request, any unpaid balances for amounts due and/or to become due from a previous Agreement(s), less any product discount/allowance), plus amounts due for additional services selected by you, such as EMA, SOFT-GUARD Agreement, SMA, and Meter On Rental. We may increase the Total Payment as a result of any increases in: taxes as provided in Section 12, or meter rental charges. You authorize Pitney Bowes Credit Corporation ("PBCC"), as our billing and collection agent, to charge the Credit Card specified hereinabove (the "Credit Card") on the due date specified in each Invoice for the full amount of the Total Payment. Immediately after the charge, PBCC shall notify you at your Billing address specified hereinabove of each Total Payment charged against the Credit Card. You authorize PBCC to charge the first Total Payment after the Equipment has been delivered by us, and to continue to charge the Credit Card for the entire Initial Rental Term of the Agreement. 10. PURCHASE ORDER USE. You may use a Purchase Order to offer to obtain use of Equipment, provided however, if a purchase order is issued, none of its terms and conditions shall supplement, amend, modify or supersede the terms and conditions of this Agreement, nor shall any of its terms be incorporated herein, and it shall not be effective except with respect to Equipment description, Equipment quantity, Initial Rental Term, Total Payments, Equipment location, and the request for the ancillary services set forth in Sections 3 - 6. PAGE 2 11. INSURANCE. You are responsible for Equipment loss, damage or destruction from any cause, whether or not insured. You shall provide, maintain, and pay for: (a) insurance against Equipment loss, theft, or damage, for the full replacement value thereof, with loss payable to us and (b) public liability and property damage insurance naming us as an additional insured. No Equipment loss, theft or damage shall relieve you of your obligation to pay Total Payments or any other obligation under this Agreement. 12. TAXES; NO LIENS. You shall pay or reimburse us, as we direct, for all charges and taxes incurred by us which are based on or measured by this Agreement, the billing or receiving of Total Payments, documentation relating to this Agreement (including stamp taxes) and the sale, purchase, ownership, renting, value (including personal property type taxes), possession, or use of the Equipment, meters, or software and you shall reimburse us for all taxes and charges incurred by us as a result of doing business in the location where the Equipment is installed or your billing location. You shall keep the Equipment, meters, and software free and clear of all liens and encumbrances. Your obligations under this Section shall commence upon Agreement execution and survive termination or cancellation of this Agreement. 13. DEFAULT. If you fail to pay when due any amount required, or fail to perform any other obligation under this Agreement, we may, at our option and without demand or notice, take one or any combination of the following actions: terminate this Agreement, take possession of the Equipment (including meters), declare the entire amount of all Total Payments, and other amounts due and to become due, for the entire Initial Rental Term to be immediately due and payable, and pursue any other remedy permitted by law or in equity. You will be responsible for all related damages and legal and other costs and expenses (including reasonable attorney's fees) incurred by us in enforcing the provisions herein. 14. NOTICES. All notices under this Agreement shall be mailed, first class postage prepaid, to the recipient at its address on the reverse side hereof, or at such other address as each party may provide in writing from time to time. Such notices shall be effective on the date they are mailed. 15. REPRESENTATIONS; MISCELLANEOUS. You represent and warrant that: (a) you are duly authorized by a Resolution of your Governing Body to execute and deliver this Agreement and that all procedures have been met so that this Agreement is enforceable; and you shall not permit the Equipment to be used in a trade or business of any other person or entity; (b) you shall use the Equipment only in the manner specified in the manuals and instructions covering the Equipment and, at your expense, keep the Equipment in good repair, condition and working order; (c) you shall timely file a. Form 8038-GC (or, as necessary, Form 8038-G), or any revised or renumbered form with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), and the Regulations thereunder, and you hereby appoint us as your Agent for the purpose of maintaining a book entry system as required by Section 149(a) of the Code; and you are (and shall continue to be) a public body, corporate and politic, and that any obligation arising out of this Agreement constitutes an obligation issued on your behalf, within the meaning of Section 103 of the Code. You acknowledge that this Agreement is entered into based on the assumption that all interest derived hereunder is exempt from Federal income taxes under Section 103(a) of the Code. A portion of each Total Payment you shall pay includes deferred interest; we shall calculate the amount of deferred interest included in your Total Payments, and notify you of that am subsequent to the date of this Agreement. If any defei,?d interest is determined not to be exempt from taxes in accordance with Section 103(a) of the Code, your Total Payment shall be adjusted in an amount sufficient to maintain our original after tax yield utilizing our consol- idated marginal tax rate. This Agreement contains the entire agreement of the parties concerning the subject matter of this Agreement. All prior commitments, proposals and negotiations concerning the subject matter of this Agreement are merged into this Agreement. This Agreement may only be amended, modified, supplemented or superseded by a written agreement signed by both parties. No provision of this Agreement can be waived except by our written consent. YOU MAY NOT ASSIGN, TRANSFER, OR SUBLET ANY INTEREST IN THIS AGREEMENT OR THE EQUIPMENT WITHOUT OUR PRIOR WRITTEN CONSENT. We shall not transfer or assign this Agreement, provided however, we may have Pitney Bowes Credit Corporation service this Agreement for us. 16. TITLE; SECURITY AGREEMENT; PERSONAL PROPERTY. Unless otherwise requested by you, title to the Equipment (excluding any meter(s) which at all times remain our property) shall pass to you upon installation. However, you and we agree that title shall automatically revert to us in the event of default, or termination due to your non- appropriation under Section 1. If you have not requested us to retain title to the Equipment, you grant to us, a.c Secured Party, a security interest in the Equipment an. .,I additions, attachments, accessions, and substitutions thereto (excluding any meter(s) to which you do not hold title). In all events, we shall retain no interest in the Equipment after you have fulfilled all of your obligations under this Agreement, including your obligations to pay each and every Total Payment, as shown above. The Equipment shall remain personalty and not realty. 17. SURRENDER. If you default, or terminate this Agreement by non-appropriation under Section 1, you, at your expense, shall return all Equipment by delivering it to us in the same condition as when delivered to you, reasonable wear and tear excepted, to such place or on board such carrier, packed for shipping as we may specify. Until the Equipment is returned as required above, all terms of this Agreement remain in effect including, without limitation, your obligations to make Total Payments and to insure the Equipment. 18. DOCUMENTATION FEE. If you and we have agreed, a one-time documentation fee to cover the origination, sales, processing and other costs associated with this Agreement is included in your Equipment cost and made a part of your Total Payment. PAGE PR SI R9 (.I/(x11 3 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood Town Eng ineer Gd Anne Martens, Assistant Town Engineer Date: August 30, 2001 Re: Nottingham Road Bike Path Change Order 2 Summary: Attached Change Order Number 2 for the Nottingham Road Bike Path Project represents modifications necessary to deal with field conditions. Change Order Number 2 is for the installation of boulder retaining wall and drain system to support soils that were unsuitable to deal with drainage from an adjacent property. Change Order Number 2 also is for the installation of boulder wall and railing to deal with grade differences between the path and a drainage pipe. The cost of the Change Order is to increase the contract amount by $11,844.90 and to increase the contract time by 6 calendar days. The date of completion would then be October 1, 2001, instead of September 25, 2001. The net effect of this Change Order is to increase the Contract Amount from $ 660,912.40 to $ 672,757.30. This change is necessary to make the path safe and to deal with unanticipated drainage issues. This change is provided for by the contingency item in the project budget. App roved Project Budget Project Costs Construction Contract $650,056 $ 650,056 Change Order No. 1 $ 10,856 Change Order No. 2 $ 11,844 Design $ 30,000 $ 30,000 Contract Administration / Testing $ 32,500 $ 30,915 Administration $ 2,500 $ 2,500 Contingency (10%) $ 71,444 $ 50,329 Total Construction Budget $786,500 $ 786,500 I:\Engineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.5 Change Orders\CO Memo 2.Doc Approval of Change Order 2 to the B & B Excavation, Inc. contract for construction of the Nottingham Road Bike Path is recommended, increasing the Contract amount $ 11,844.90 from $ 660,912.40 to $ 672,757.30 and increasing the contract time by 6 calendar days with a completion date of October 1, 2001. Recommendations: Approve Change Order 2 to the B&B Excavation, Inc. contract for construction of the Nottingham Road Bike Path, increasing the Contract amount $ 11,844.90 from $ 660,912.40 to $ 672,757.30 and increase the contract time by 6 calendar days with a completion date of October 1, 2001. Town Manager Comments: J- CCl--\, Cw I:\Engineering\CIP\Nottingham Road Bike Path\4.0 Construction Doc\4.5 Change Orders\CO Memo 2.Doc 2 CHANGE ORDER NAME OF PROJECT: Nottingham Road Bike Path OWNER: Town of Avon CONTRACTOR: B&B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: Revise the plans as follows: Add 901.f, of boulder wall and bicycle/pedestrian railing at contract unit prices on the right side of the path from approx. Sta. 37+30 to 38+20 and re-establish the sub-grade for the bike path. Add 901.f. of boulder wall at contract unit prices on the left side of the path from approx. Sta. 37+30 to 38+20 backed by a subsurface drain consisting of perforated plastic pipe surrounded by drain rock wrapped in filter fabric and discharging through a solid plastic pipe beneath the bike path through or above the boulder wall, as appropriate, to the low area on the right side of the path. Increase quantities and associated costs as follows: 3.6 retaining walls, boulder, 180 L.F., 4.4 bicycle and pedestrian railing, 90 L.F. Add a line item 3.10 Re-establish path subgrade, Quantity = 1, Unit = L.S., Unit Price = $450.00. Add a line item 3.11 Subsurface Drain System, Quantity = 1, Unit = L. S., Unit Price = $2,286.00. Justification: To stabilize slopes. Change to CONTRACT PRICE: $ 11,844.90 Original CONTRACT PRICE: $ 650,056.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER _$ 660,912.40 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_11,844.90 The new CONTRACT PRICE including this CHANGE ORDER will be $_672,757.30 Change to CONTRACT TIME: Order No.: 2 Date: 08-28-01 Agreement Date: The CONTRACT TIME will be increased by 6_ calendar days. The date for completion of all work will be October 1, 2001 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): l