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TC Council Packet 12-11-2001Town Council Meetings Roll Call Check Sheet Tate- l ?)/n CD l Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt X Buz Reynolds ?,< Judy Yoder \A/ )< 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: X Bill Efting X Larry Brooks 1( Burt Levin X Kris Nash Jacquie Halburnt x Scott Wright Jeff Layman X Norm Wood X Meryl Jacobs Bob Reed x Harry Taylor Ruth Borne Other Staff 1ATown ClexkWouncilTacketsCouncil Meeting Check List.doc 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 DECEMBER 11, 2001, AT 4:20 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:20 PM - 5:00 PM 5:00 PM - 5:15 PM 1.) Legal Services Search 2.) 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 TOWN OF AVON, COLORADO BY: Miranda. Steber Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 7,2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY U To the Avon Town Council: As part of our ongoing efforts to monitor and control odors from the Eagle River Water & Sanitation District's wastewater treatment plant in Avon, I am inviting anyone who lives or works in the area around the plant to become part of our early warning detection system. We are looking for a dozen or so volunteers who would be willing to a) call us directly when they smell an odor that may be from our facility, and b) be called by us when we implement changes or begin certain step in our wastewater processing that we believe may result in the release of odors. This can help us pinpoint which operations, if any, cause unacceptable releases in odors. I also wanted to let the general public know that we now have a direct line to our offices in Avon. The number is 477-7802, and it is staffed from 6 a.m. to 3:30 p.m. seven days a week. At other times, the answering service (476-7480) can take information and immediately get in touch with our on-call personnel. Both of these programs are a part of the $70,000 we have spent this year and the $2.3 million spent to control odors since the plant was ATAD modified. It's part of our ongoing commitment to being responsible, responsive members of the community. If you are interested in volunteering for the early detection program, please call Pete Miller or me at 477-7802. Thank you. Bob Trueblood Wastewater Operations Manager V TOWN OF AVON REGULAR COUNCIL MEETING AGENDA cra- December 11, 2001- 5:30 PI 1. Call to Order / Roll Call Citizen Input V?v a.) Holiday Lighting Contest Winners / C V*1-11 _ 3. Ordinances 011Y , a` 4. Resolutions A" a.) Resolution No. 01-39, Series of 2001, A Resolution to Amend the 2001 Town of Avon Budget (Scott Wright) b.) Resolution No. 01-40, Series of 2001, A Resolution to Amend the 2001 Town of Avon Budget (Scott Wright) c.) Resolution No. 01-41, Series of 2001, A Resolution to Adopt the 2002 Town of Avon Budget (Scott Wright) d.) Resolution No. 01-42, Series of 2001, A Resolution to Accept the Proposed Town of V Avon Long Range Capital Program and Simultaneously Adopt the Year 2002 Capital Projects Fund Budget (Scott Wright) e.) Resolution No. 01-43, Series of 2001, A Resolution Levying General Property Taxes for the Year 2001, to Help Defray the Costs of Government for the Town of Avon, Colorado, for the 2002 Budget Year (Scott Wright) f.) Resolution No. 01-44, Series of 2001, A Resolution Levying General Property Taxes for v the Year 2001, to Help Defray the Costs of Government for the Avon Metropolitan District, Avon, Colorado, for the 2002 Budget Year (Scott Wright) 5. Unfinished Business 6. New Business 7. Town Manager Report 14 rt ?v Q, 8. Town Attorney Report o 9. Mayor Report I E 11 10. Other Business 11. Consent Agenda a.) Approval of the November 27, 2001 Council Meeting Minutes b.) Resolution No. 01-45, Series of 2001, A Resolution Declaring the East Avon Access and Circulation Streetscape Improvements to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of All Interests, Rights of Way, and /or Easements Needed to Construct Such Improvements c.) Resolution No. 01-46, Series of 2001, A Resolution Declaring the Eagle River Recreation Path II Project to be in Pursuance of a Public Purpose, and Authorizing All Steps Necessary and Proper for Acquisition of all Interests, Rights of Way, and/or Easements Needed to Construct Such Improvements d.) Intergovernmental Agreement with Eagle County for Animal Control Services e.) Eagle River Recreation Path H - ECO Grant Agreement f.) Service Agreement with Vail Associates, Inc. on Dial-A-Ride Vehicles g.) Service Agreement with the Eagle River Fire Protection District h.) Rule 1.11 Consent Approval i.) Change Order No. 1 - Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project j.) Additional Construction Contract Administration Services with Victor Mark Donaldson Architects - Avon Recreation Center. Refurbishment 12. Adjournment i r ?; 11 r Town of Avon Memo TO. Honorable Mayor and Town Council Thnr. Bill Efting, Town Manager Frorre Scott Wright, Finance Director.Q' ?- Date: December 5, 2001 Re: Adoption of 2002 Budget Summary: . The final revised budget for 2001 and the final proposed 2002 budget are hereby submitted for adoption by the Avon Town Council Proposed 2002 Budget The following changes were made to the original proposed budget as submitted to the Town Council on October 16, 2001: • Net costs in the Transit Enterprise Fund were reduced by $170,928. Correspondingly, Transfers-out from the General Fund to the Transit Enterprise Fund were reduced by $175,000. • Overtime was reduced Town-wide by $57,407. • Travel and training costs Town-wide were reduced by 25% or $25,340. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Town Manager Comments: C04 C of Attachments: A - Resolution 01-39 B - Resolution 01-41 Page 1 RESOLUTION NO. 01-39 SERIES OF 2001 A RESOLUTION TO AMEND THE 2001 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2000 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2000, AND ENDING ON THE LAST DAY OF DECEMBER, 2000. WHEREAS, the Town Council of the Town of Avon has adopted the 2001 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2001; and WHEREAS, the Town Council finds it necessary to amend the 2001 budget to more accurately reflect the revenues and expenditures for 2001; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following fund is as follows for 2001: Original or Current Previously Proposed Amended Amended 2001 2001 Budget Budget General Fund Beginning Fund Balance $ 4,520,592 $ 4,951,617 Revenues and Other Sources 10,040,311 9,577,235 ditures and Other Uses E 10,538,381 11,000,330 xpen Ending Fund Balance $ 4,022,522 $ 3.528.522 C 1 r 1 L? r'1 U Mall Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Employee Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 2 Original or Previously Amended 2001 Budget $ 21,633 69,662 90,917 $ 378 Original or Previously Amended 2001 Budget $ 3,149 39,180 39,180 $ 3,149 Original or Previously Amended 2001 Budget $ 2,027,786 653,500 576,920 2,104,366 Original or Previously Amended 2001 Budget $ 47,501 1,273,876 1,273,876 47,501 Current Proposed Amended 2001 Budget $ 55,363 65,732 90,917 $ 2,503 Current Proposed Amended 2001 Budget $ 421 76,000 76,000 421 Current Proposed Amended 2001 Budget $ 2,035,675 633,500 349,246 2,319,929 Current Proposed Amended 2001 Budget $ 74,201 1,241,235 1,274,266 $ 41,170 I Wildridge Special Improvement District Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance AMD Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Finance Authority Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 3 Original or Previously Amended 2001 Budget $ 31,089 56,231 54,500 $ 29,820 Original or Previously Amended 2001 Budget $ 31,892 567,815 567,871 31,836 Original or Previously Amended 2001 Budget $ 770,032 755,352 755,352 $ 770,032 Original or Previously Amended 2001 Budget $ 248,874 3,263,005 3,263,005 $ 248,874 Current Proposed Amended 2001 Budget $ 36,106 67,531 77,300 $ 26,337 Current Proposed Amended 2001 Budget $ 29,250 4,523,325 4,534,125 $ 18,450 Current Proposed Amended 2001 Budget $ 782,540 755,353 755,353 782,540 Current Proposed Amended 2001 Budget $ (2,852) 3,575,096 3,565,217 7,027 C. E I 4 U C. Sherwood Meadows Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Fleet Maintenance Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2001 Budget $ 0 287,604 287,604 $ 0 Original or Previously Amended 2001 Budget $ (83,353) 1,777,244 1,578,685 $ 113,206 Original or Previously Amended 2001 Budget $ 429,253 567,523 278,050 $ 718,726 Current Proposed Amended 2001 Budget $ (1,058) 281,164 275,663, 4,443 Current Proposed Amended 2001 Budget $ (64,122) 1,933,710 1,708,846 160,742 Current Proposed Amended 2001 Budget $ 340,859 567,523 278,050 630,332 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. 4 ADOPTED this 11`' day of December, 2001. TOWN OF AVON, COLORADO 11 ATTEST: Kristen Nash Town Clerk Judy Yoder Mayor C7 5 RESOLUTION NO.01-41 SERIES OF 2001 A RESOLUTION TO ADOPT THE 2002 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002, AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body on October 16, 2001, for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 27, 2001, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increase were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2002: 2002 Proposed Budget General Fund Beginning Fund Balance $ 3,528,522 Revenues and Other Sources 10,082,989 Expenditures and Other Uses 10,142,043 Ending Fund Balance $ 3,469,468 V 2002 Proposed Budget Mall Maintenance Fund Beginning Fund Balance $ 30,178 Revenues and Other Sources 63,847 Expenditures and Other Uses 91,522 Ending Fund Balance 2,503 2002 Proposed Budget Employee Housing Fund Beginning Fund Balance $ 421 Revenues and Other Sources 36,900 Expenditures and Other Uses 36,900 Ending Fund Balance 421 2002 Proposed Budget Water Fund Beginning Fund Balance $ 2,319,929 Revenues and Other Sources 457,500 Expenditures and Other Uses 416,612 Ending Fund Balance 2,360,817 2002 Proposed Budget Debt Service Fund Beginning Fund Balance $ 41,170 Revenues and Other Sources 1,237,103 Expenditures and Other Uses 1,277,843 Ending Fund Balance $ 430 2 V S Wildridge Special Assessment Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Avon Metropolitan District Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Finance Authority Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 3 2002 Proposed Budget $ 26,337 60,751 52,500 $ 34,988 2002 Proposed Budget $ 18,450 487,072 487,072 18,450 2002 Proposed Budget $ 782,540 752,071 752,071 782,540 2002 Proposed Budget $ 7,027 1,838,871 1,838,598 $ 7,300 2002 Proposed Budget Sherwood Meadows Enterprise Fund Beginning Fund Balance $ 4,443 Revenues and Other Sources 272,930 Expenditures and Other Uses 270,212 Ending Fund Balance 7,161 2002 Proposed Budget Fleet Maintenance Internal Service Fund Beginning Fund Balance $ 160,742 Revenues and Other Sources 1,306,917 Expenditures and Other Uses 1,400,408 Ending Fund Balance $ 67,251 2002 Proposed Budget Equip. Replacement Internal Service Fund Beginning Fund Balance $ 630,332 Revenues and Other Sources 137,226 Expenditures and Other Uses 91,928 Ending Fund Balance 675,630 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 1 l' day of December, 2001. 4 TOWN OF AVON, COLORADO Judy Yoder Mayor ATTEST: Kris Nash Town Clerk Alk --7a I I Is -6 TO: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Front Scott Wright, Finance Director Datm December 5, 2001 Re: Capital Project Fund Budget Revisions and Adoptions and Acceptance of Long-range Capital Program Summary: The final revised Capital Projects Fund budget for 2001 and the final proposed Capital Projects Fund 2002 budget are hereby submitted for adoption by the Avon Town Council. In addition to the adoption of the above budgets, also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). Recommendation: Staff recommends that Council adopt the revised 2001 and proposed 2002 budgets as presented, and accept the long-range capital program as submitted. Town Manager Comments: Attachments: A- Resolution 01-40 B - Resolution 01-112 C - Long-range Capital Program (5-year plan) Page 1 RESOLUTION NO.01-40 SERIES OF 2001 A RESOLUTION TO AMEND THE 2001 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2001 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2001, AND ENDING ON THE LAST DAY OF DECEMBER, 2001. WHEREAS, the Town Council of the Town of Avon has adopted the 2001 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2001; and WHEREAS, the Town Council finds it necessary to amend the 2001 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2001; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2001: Original or Previously Amended 2001 Budget Capital Projects Fund Beginning Fund Balance $ 3,057,288 Revenues and Other Sources 3,540,054 Expenditures and Other Uses 4,496,810 Ending Fund Balance 2,100,532 Current Proposed Amended 2001 Budget $ 3,690,470 2,962,753 4,285,277 $ 2,367,946 .7 0 n 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. ® Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 11' day of December, 2001. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kristen Nash Town Clerk C7 2 i • RESOLUTION NO.01-42 SERIES OF 2001 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2002 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002, AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 27, 2001, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increase were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. 0 Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2002: 2002 Proposed Budget Capital Projects Fund Beginning Fund Balance $ 2,367,946 Revenues and Other Sources 2,578,226 Expenditures and Other Uses 4,098,979 Ending Fund Balance $ 847,193 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11' day of December, 2001. 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O O o pp p pp pp H t0 S ,,,• f? oN C ?1 S w 4 o S • D a r O M np c Z0 m n z lp z 8 N V Z E f RESOLUTION NO. 01-43 E SERIES OF 2001 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2001, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2002 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law on December 11, 2001; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,247,749; and WHEREAS, the amount of money to balance the budget for bonds and interest is $787,158; and WHEREAS, the 2001 valuation for assessment for the Town of Avon, as certified by the County Assessor is $139,319,940. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2002 budget year there is levied a tax of 8.956 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2001. Section 2. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2002 budget year there is levied a tax of 5.650 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2001. Section 3. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. 11 ADOPTED this 11 `h day of December, 2001. n U ATTEST: Kristen Nash, Town Clerk TOWN OF AVON, COLORADO Judy Yoder, Mayor 11 E RESOLUTION NO. 01-44 0 SERIES OF 2001 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2001, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE AVON METROPOLITAN DISTRICT, AVON, COLORADO, FOR THE 2002 BUDGET YEAR WHEREAS, an Agreement for Dissolution of the Avon Metropolitan District was executed and a petition filed by the District with the District Court of Eagle County and the District was effectively dissolved on May 31, 1998; and WHEREAS, pursuant to the Agreement, the District shall continue in existence as a political subdivision of the State for the sole purpose of securing payment in full of the principal and interest of existing indebtedness; and WHEREAS, pursuant to the Agreement, the Town Council was appointed as the District Board of Directors and shall set mill levies as necessary in order to pay in full the costs of annual payments on the outstanding indebtedness; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget of the Town of Avon including the Avon Metropolitan District Debt Service Fund in accordance with the Local Government Budget Law on December 11, 2001; and WHEREAS, the amount of money to balance the Avon Metropolitan District Fund budget for bonds and interest is $487,120; and WHEREAS, the 2001 valuation for assessment for the Avon Metropolitan District as certified by the County Assessor is $135,048,550. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2002 budget year there is levied a tax of 3.607 mills upon each dollar of the total valuation for assessment of all taxable property within the Avon Metropolitan District for the year 2001. Section 2. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Avon Metropolitan District as hereinabove determined and set. ADOPTED this I l' day of December, 2001. ATTEST: Kristen Nash, Town Clerk TOWN OF AVON, COLORADO Judy Yoder, Mayor C r? U 11 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL 0 HELD NOVEMBER 27, 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. Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt, and Mayor Protem Buz Reynolds present. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Deputy Town Clerk Miranda Steber, Human Resource Director Jacquie Halbumt, Police Chief Jeff Layman, Transportation Director Harry Taylor, Director of Community Development Ruth Borne, Town Engineer Norm Wood, Finance Director Scott Wright, Planning Technician Eric Johnson, Youth Services Coordinator Ron Moreno as well as members of the press and public. Ms. Jennifer Lee, resident of Avon, stated her concern regarding the cut backs of the Town shuttle. She would like the bus to run after 11:00PM. Several hotels and businesses have employees and patrons who utilize the bus service after 11:OOPM. Ms. Lee is asking the Council to continue the bus service to midnight. Councilor Brown asked if we have formal information on the ridership during this time period. Town Manager Efting stated that information is compiled in blocks of time of four hours. Councilor Cuny stated we can't tell if there is a sharp drop off after that time, and that Staff needs to figure out what the ridership is before a decision can be made. Councilor Debbie Buckley asked if they could look at the budget and how much it would cost to put on the extra hour, then perhaps look into another area of the budget where the money could be cut. Ms. Lee stated there is a petition circulating in support of this issue. Town Manager Efting suggested discussing this issue at the December 11 work session. He is guessing the cost will be anywhere from $3000 to $5000 to add the extra hour on during the ski season. Citizen Input: is Christmas in Avon Update: Youth Services Coordinator Moreno stated that Christmas in Avon would be held at the Avon Recreation Center on December 8, 2001 from 6 PM to 8 PM. They will have Santa Claus, pictures with Santa, reindeer, cookies, arts and crafts, and Christmas caroler's. Citizen Input: 2002 Town of Avon Budget: Mayor Yoder stated this is a public hearing. Finance Director Wright stated that the Town Charter requires a public hearing prior to the adoption of the Town budget. He stated the budgets will be adopted at the first meeting in December, and he is asking for comments or questions from the public regarding the 2002 General Operating Budget or the Capital Improvements Budget. There being no comment from the public, the public hearing was closed. Citizen Input: Lot Splits in Wildridge: Mr. Brian Vedder, architect and resident of Wildridge, approached the Council to encourage them to amend the Town of Avon ordinance to allow splitting duplex lots in Wildridge to allow for building two single family homes on a duplex lot. Mayor Yoder asked if Council would like to discuss this subject at a future work session to get further information. Councilor Debbie Buckley stated she would like to discuss it at work session. She would like to look at it globally and to see why it was changed to begin with. Councilor Cuny also stated he would like to discuss the issue at a work session. He would like to see included the size of the units and other things before a decision is made. Town Manager Efting suggested it be discussed at the first meeting in January. He also suggested that P&Z members attend that meeting. Councilor Peter Buckley asked that P&Z Commissioner Ron Wolfe attend that meeting. 11 Regular Council Meeting 2 November 27, 2001 C Mayor Yoder stated that all the P&Z members would be invited. Ordinances: Second Reading of Ordinance No. 01-17, Series of 2001, An Ordinance Approving an Amendment of the Wildridge Planned Unit Development (PUD) for Lot 12, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Mayor Yoder stated this is a public hearing. Director of Community Development Ruth Borne stated that the Town of Avon is applying to amend the Wildridge PUD, Lot 12, Block 4. Staff provided the owner with incorrect information regarding this lot; Staff advised her that it was a duplex lot when actually it is zoned single family. There are only 14 single-family lots in all of Wildridge, ten of those are at Beaver Creek Point. There is only one other single-family lot zoned at Block 4. The Planning and Zoning Commission (P&Z), on October 16, 2001, determined the increase of the development rights did not detrimentally affect Wildridge and also determined the application was in compliance with the PUD requirements. Staff recommends approval of the Ordinance. Mayor Protem Reynolds asked if the general approval is given, does it run with the land. He asked the owner to bring him something that shows a duplex can be put on this, rather ® than let it run with the sale of the property in the future. Mayor Protein Reynolds believes it would be difficult to put a duplex on this lot. Councilor Curly asked if there is anywhere in the closing documents or any documents that states what the zoning is. Ms. Borne said no, it is not in the title commitment. Councilor Peter Buckley asked Ms. Borne to discuss briefly what procedures have been put into place to ensure this type of mistake does not happen again in Community Development. Ms. Borne stated they previously kept lot summaries that indicated the zoning but they maintain those summaries or distribute them. Staff goes through either herself or Town Planner Tambi Katieb for any zoning information; administrative staff does not release this information. Mayor Yoder noted it appears this lot was originally zoned duplex and then changed. Ms. Borne confirmed this information, stating that in 1978 and 1980 it had duplex zoning, then in 1981 it was replatted to single family, which is probably how the incorrect information was given. C7 Councilor Cuny asked if the unit was taken and used somewhere else in the development rights, since it was changed from duplex to single family. He stated that was done all the time in the beginning of Avon. Ms. Borne stated that is hard to track; she does not have any information to accurately reflect that. Regular Council Meeting November 27, 2001 3 Mr. Stuart Borne, representative of the owner of the lot, passed out maps showing the area (attached). He stated this is an unusual situation in that the P&Z has already made the determination for the criteria of the PUD. Mr. Borne noted there were a couple facts that were indisputable. Lot 12 was originally zoned a duplex, that lends some credence to what the owner is trying to do. Another fact is that it is one of the larger lots, steep yes, but larger lots in Wildridge. There are only two single-family lots in this whole block. There are a lot of single-family homes, but they are homes that people voluntarily down zoned to single-family residences from duplex lots. Mr. Borne continued by saying it was really the intention of the neighborhood to be a duplex neighborhood. The law on this estoppel is guided by one leading case, "Cone vs. The City of Boulder", which was provided for Town Attorney Levin. The Zoning Administrator gave erroneous information to the new owner of property. The court found that this type of situation is appropriate for an estoppel argument and that the municipality should be responsible for the mistake that was made by the erroneous information. Mr. Borne also referred to a State Board case, summarizing that the owner is not required to go to other places to try to find the facts when they relied on the Zoning Administrator for accurate information. Mayor Protem Reynolds questioned Mr. Borne, asking how he felt about the lot running with this owner only, being zoned for this owner, and if she decided to sell it would revert to the single-family zoning. Mr. Borne stated Ms. Leeds (the owner) would need some time to make a decision on that, as that question was just presented to her. Town Attorney Levin advised he did not think Mayor Protem Reynolds suggestion was a viable option in terms of zoning. Mr. Levin advised the ordinance before the Council changes the zoning in Wildridge; it amends a Wildridge PUD, which runs with the land. Zoning is not specific to individual owners. Ms. Greer Gardner, resident at 5723 Wildridge Rd, stated that she has lived at this residence for 18 months. Ms. Gardner encourages single-family development and relied on current zoning and development in their neighborhood when they purchased their property. Ms. Gardner is opposed to the re-zoning of Lot 12. Some neighbors have asked attorney Larry Eskwith to represent them and address the legal issues involved in the situation. Ms. Gardner advised that the lot in question is now for sale for a price of nearly $300,000, far in excess of what the owner paid for it. Ms. Gardner does not feel rezoning Lot 12 would be fair to the current residents in the neighborhood. Mr. Larry Eskwith, representing neighbors of Lot 12, addressed the Council. Mr. Eskwith stated that Ms. Leeds, the purchaser of the land, should have discovered this parcel of land was zoned single-family during the purchase process by reviewing the plat and the covenants for Wildridge. Mr. Eskwith stated his clients relied on the zoning in the area when they purchased their lots. They relied on the zoning of Lot 12 as single family. Mr. Eskwith cited the legal case "Lehman vs. The City of Louisville" in 1992. Lehman was given incorrect information from the staff of the City of Louisville. The case was thrown out of the appeals court, citing Lehman had no case. It stated the incorrect information given to Lehman by the Director of Community Development C Regular Council Meeting November 27, 2001 lacked the authority to bind the City Council in any way. He stated that his clients have a right to rely on the zoning that existed when they purchased their property. Mr. Gerald Brooks, who has personal interest in a neighboring lot, stated his concern is with the expectation that would be promoted by a simple rezoning, indicating that a duplex is possible on the lot. Mr. Brooks suggested that the person who wants to build a duplex and rezone their property should take the responsibility to demonstrate that a duplex is possible on the lot. Mr. Randy Smith, resident at 5711 E. Wildridge Rd #B, stated the Council has the opportunity to make sure a mistake by the Town of Avon staff does not impact somebody in an enormous way. Mr. Smith feels Ms. Leeds did her due diligence in asking the Town of Avon, and relied on the information given to her. Mr. Ron Miller, a nearby resident to Lot 12, does not see the harm of a duplex in the neighborhood. There being no further comments from the public, Mayor Yoder closed the public hearing. Councilor Peter Buckley asked Ms. Leeds if she has a for sale sign on the lot in question. Ms. Leeds said she put a for sale sign on the lot in August of 2000, after the initial P&Z decision to keep the lot as single-family. Ms. Leeds found out about the zoning problem ® after the closing when she was working on designs and plans for the duplex. Councilor Cuny stated the fact remains the lot is zoned single-family and does not think that should be ignored due to a staff mistake. Councilor Debbie Buckley does not think it's fair to the neighbors who own property in the area to be impacted by this. Town Attorney Levin advised that the criteria for a zoning change has been met and the Council can change the zoning at any time. Councilor Brown stated he has yet to see a home devalued because of the structure next to it. He would need to see proof that there is harm being done to the people around this lot, he has not seen evidence of that. Mayor Yoder stated that her biggest concern is what the Staff represented. Councilor Debbie Buckley stated that while she understands what Mayor Yoder is saying, she feels that two wrongs don't make a right and the neighbors should not be penalized for a mistake that was made by the Staff. Councilor Curly agreed. Mayor Protem Reynolds was led to believe that Ms. Leeds came to the Town before she is purchased the lot and was told at that time it was a duplex lot and then she purchased the Regular Council Meeting November 27, 2001 property. He did not know that she purchased it afterwards. He stated law aside, the Council is allowed to change anything at anytime. He felt that putting a duplex on this lot would not devalue anything, but he honestly feels that it will be hard to put that large of a structure on the lot. He does not feel that changing the zoning on the lot will be harmful. However, the owner still needs to show the burden of proof that they can fit the structure on the lot. He feels it will be more difficult than they understand. Mayor Protem Reynolds motioned approval of Ordinance No. 01-17, Series of 2001 on second reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried with Councilor Brown, Councilor McDevitt, Mayor Protem Reynolds, and Mayor Yoder voting aye. Councilor's Debbie Buckley, Peter Buckley, and Rick Cuny voting nay. Resolution No. 01-37, Series of 2001, A Resolution Approving the Preliminary Plan for Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Town Engineer Norm Wood stated this is a resubdivision of Lot 1, Mountain Vista Resort Subdivision, which was a resubdivision of Lot C, Avon Center. He stated that this is the employee housing portion of the project. Staff recommends approval. There being no comments from the public, Mayor Yoder closed the public hearing. Councilor Debbie Buckley motioned approval of Resolution No. 01-37, Series of 2001. Councilor Brown seconded the motion. Mayor Protem Reynolds questioned the 22 units. Mr. Wood stated that there are 20 units, the other two units are common areas. The motion carried unanimously. Regular Council Meeting 6 November 27, 2001 0 Consent Agenda: a.) Approval of the November 13, 2001 Council Meeting Minutes b.) Financial Matters c.) CASTA Agreement for Fiscal Year 2003 FTA Funding Request d.) Resolution No. 01-38, Series of 2001, A Resolution Approving the Condominium Map, Mountain Vista Employee Housing, A Resubdivision of Lot 1, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado Councilor Debbie Buckley motioned to approve the Consent Agenda. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Brown motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 6:45 PM. RESPECTFULLY SUBMITTED: APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting November 27, 2001 Kristen Nash, Town Clerk 7 AI , ryy A ;fir w :x?y34 sA 47, i? k A s.Y L ? r .. is ar 4 Y s 1 ? 3 • ? ~M 71- *,Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer December 4, 2001 Resolution No. 01-45, Series of 2001 East Avon Access and Circulation Streetscape Improvements - Authorization to Acquire Rights-of-Way to Construct Improvements Summary: We are in the process of acquiring the rights-of-way and ® easements required for construction of the East Avon Access and Circulation Streetscape Improvements. It is possible that the initiation of eminent domain proceedings may be required in the acquisition process for some of these properties. Oftentimes the initiation of this process is necessary to obtain possession of the property for construction, even though the actual acquisition of the property is completed through the negotiation process Approval of Resolution No. 01-45 is recommended as one of the first steps necessary to begin the rights-of-way and easement acquisition process. Recommendations: Approve Resolution No. 01-45, Series of 2001, A Resolution Declaring the East Avon Access and Circulation Streetscape Improvements to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements. Town Manager Comments: 11 I:\Engineering\CMEast Avon\6.0 R-W Acquisition\6.1 Gen CoeRes 0145 Memo.Doc RESOLUTION NO. 01-45 SERIES OF 2001 A RESOLUTION DECLARING THE EAST AVON ACCESS AND CIRCULATION STREETSCAPE IMPROVEMENTS TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO CONSTRUCT SUCH IMPROVEMENTS WHEREAS, the Town Council has previously directed, authorized, and budgeted for construction of the East Avon Access and Circulation Streetscape Improvements), and WHEREAS, said improvements will be made in pursuance of the public interest in health, safety, and welfare, and WHEREAS, the construction of said improvements may require the Town of Avon to obtain, through negotiation or exercise of the power of eminent domain, certain interests, rights of way, and/or easements. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon Council hereby declares the East Avon Access and Circulation Streetscape Improvements to be in pursuance of the public interest and for a public purpose. Section 2. The Town of Avon staff is authorized to engage the services of an appraiser and a title company, and to take all other actions necessary and proper for acquisition of all interests, rights of way, and/or easements needed to perform such improvements, including, but not limited to, acquisition by negotiation or the power of eminent domain. ADOPTED this _ day of , 2001. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk 11 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer December 5, 2001 Resolution No. 01-46, Series of 2001 Eagle River Recreation Path II Project - Authorization to Acquire Easements to Construct Improvements Summary: We are in the process of acquiring the easements required for construction of the Eagle River Recreation Path II Project. It is possible that the initiation of eminent domain proceedings may be required in the acquisition process for some of these properties. Oftentimes the initiation of this process is necessary to obtain possession of the property for construction, even though the actual acquisition of the property is completed through the negotiation process. Approval of Resolution No. 01-46 is recommended as one of the first steps necessary to begin the easement acquisition process. Recommendations: Approve Resolution No. 01-46, Series of 2001, A Resolution Declaring the Eagle River Recreation Path II Project to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements. Town Manager Comments: r- BEngineering\CIPTagle River Rec M6.0 R-W Acquisition\6.1 Gen Cotrespondence\Res 01-46 Memo.Doc RESOLUTION NO.01-46 SERIES OF 2001 A RESOLUTION DECLARING THE EAGLE RIVER RECREATION PATH H PROJECT TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO CONSTRUCT SUCH IMPROVEMENTS WHEREAS, the Town Council has previously directed, authorized, and budgeted for construction of the Eagle River Recreation Path H Project, and WHEREAS, said improvements will be made in pursuance of the public interest in health, safety, and welfare, and WHEREAS, the construction of said improvements may require the Town of Avon to obtain, through negotiation or exercise of the power of eminent domain, certain interests, rights of way, and/or easements. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: CJ Section 1. The Town of Avon Council hereby declares the Eagle River Recreation Path H Project to be in pursuance of the public interest and for a public purpose. Section 2. The Town of Avon staff is authorized to engage the services of an appraiser and a title company, and to take all other actions necessary and proper for acquisition of all interests, rights of way, and/or easements needed to perform such improvements, including, but not limited to, acquisition by negotiation or the power of eminent domain. ADOPTED this - day of 12001. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk n l.J 11 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council' Bill Effting, Town Manager -P Steve Hodges through Chief Jeff Layman December 6, 2001 Eagle County Animal Control contract. Summary: A contract with Eagle County Animal Control to provide Housing for animals impounded within the Town of Avon and to provide animal control services for specific circumstances. I recommend approval of the contract. Previous Council Action: this contract has not been before the Council, although it is identical to the contracts approved the previous three years. Discussion: The Avon Municipal Code provides for the enforcement of animal control laws. Inevitably, this leads to the impoundment of animals. Eagle County Animal Control's shelter facility and adoption program is available to us through this contract. Contracting these services is an economically feasible alternative to the Town of Avon operating it's own shelter. Financial Implications: The contract has a fixed charge of $3,000 plus a provision for additional charges if Eagle County Animal Control is requested to assist Avon personnel. $5,500 is budgeted in 2002 for this service. Recommendation: Approval of the Contract. Alternatives: Create a Town of Avon supervised/run animal shelter, adoption and euthanasia program. Proposed Motion: "I move to approved the proposed services Contract with Eagle County Animal Control for the 2002 calendar year. " 11 Town Manager Comments: 0 • • Page 2 P. INTERGOVERNMENTAL AGREE'MENT BETWEEN THE COUNTY OF EAGLE, STATE 01`+: OLORADO AND THE TOWN OF AVON This Agreement made this day of . 2001, by and between the Town of Avon (the "Town") and the County c,t Eagle, State of Colorado (the "County"). WHEREAS, the Town and County have enter-:-d into an Intergovernmental Agreement dated September 30, 1994, pursuant to vk ich County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to 0 a -ige the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering ??nimal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is.nt: thorized pursuantto C.R.S. 30- 11-101, as amended. NOW, THEREFORE, in consideration of the mul jal covenants, conditions and promises contained herein, the parties hereto agree her9by as follows: SECTION 1. DEFINITIONS. Emeraencv on Call services is defined as emerge n --y calls received by the County for which County assistance is required because of the t. navailability of Town employees to respond. Shelter means The Eagle County Animal Shelterlc.cated at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated c r designated the by County. Unclaimed Day is defined as a calendar day or :ary part thereof during which an unclaimed animal is confined in Shelter on behalf of the -own. SECTION 2. TERRITORY COVERED. The territory covered by this Agreement is all cif that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attriir Utable to the Town, of the nature and quality customarily provided at the Eagle County Animal Shelter. Animals attributable to the Town are animals impounded within the Town )-I Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B) Twenty four hours per day Emergency Or. !;::all service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immerli;itely available to respond to an incident or emergency, the Town will provide personnel to ;cure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quar;erly report of Animal Control Activities generated as a result of this Agreement. Suct.i reports shall include, by way of example only, the number of calls for service, number a-:. animals sheltered, number of unclaimed days, and number of citations issued. 01 SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 0 0 SECTION 6. EQUIPMENT. The County shall furnish and supply, at its soli :expense, all necessary labor, supervision, equipment, motor vehicles, office space, a i J operating and office supplies necessary to provide the services to be rendered hereUr ;der. SECTION 7. COMPENSATION. Town will pay County for services rendered hereur der: A) Shelter Services: Town will pay the County $:500.00 quarterly and reimburse the County the actual expenses the County is char,(cd for veterinary services and euthanasia services. The Town will reimburse the Couriy• for unclaimed days as follows: Eight dollars and fifty cents per animal day past the y a-arly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro-ratT;+:l by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will xiy the County $10.00 per night and per weekend/holiday day/night shift for which County - i!„ scheduled to provide services and $50.00 per response for all hours that the County 01 fi, ;ers are not on duty. The Town will pay the County $35.00 per call for each call-for -ser Jr.?e for all hours that the County officers are on there regularly scheduled shifts. The Cou el:y will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal SheVeir shall belong to and remain the property of the County, provided that Return-to-owner f; es collected shall be credited against the Shelter Service expenses to be reimbursed bl/ the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on of before the fifteenth day of the month following receipt of County's bill for services. Th a bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control Officer shall hay c full cooperation from the Town of Avon, its public works, its police officers and/or their ri:,?speetive officers, agents, and employees, so as to facilitate the performance of this A4,ji-I?ement. The rendition of Animal Control Services provic End for herein, the standards of performance, the discipline of officers, and other mattei s incident to the performance of such services and the control of personnel so employed, call remain in the County. In the is 3 event of any dispute between the parties herein as to the extent of the duties and services to be rendered hereunder or the minimum level or n,srnner of performance of such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such :,,nimal Control Services for the Town pursuant to this agreement, shall be County employ::!es, except for Town personnel used to "secure" the scene as described in Section 3, a':),::ve, and except for employees of any veterinary hospital providing services to the Cour.t,,. SECTION 9. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, err:),% or omissions of the Town or of any officer or employee thereof. Likes vise, the Town, its officers and employees, shall not be deemed to assurno any liability for intentional or negligent acts, errors or omissions of tile: County or of any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective -agents, officers, servants and employees of and from any and all loss, i::osts, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or nel, ligent acts, errors or omissions or that of its agents, officers, servants, and a inployees, whether contractual or otherwise. Likewise, the Town agree, -;o indemnify, defend and hold harmless to the extent allowed by law, th:? County, its respective agents, officers, servants and employees of anc' 'from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the '("oven's intentional or negligent acts errors or omissions or that of its agents officers, servants and employ- ees, whether contractual or otherwise. C. The County and the Town shall respective IN,, provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary. for any potential liability arising from this Agreement. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective upon apprDval by the Eagle County Board of Commissioners and shall end on the 31st day of Dec:E tuber, 2002. Either party shall have the right to terminate this agreement with or withou t ,pause at any time by giving the other party thirty days' prior written notice of terminatiot ?. Upon termination, the County shall be entitled to compensation for services performed priorto such termination, andboth parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is. contingent upon funds being budgeted and appropriated for that purpose. Town's an::i County's obligations hereunder after the current fiscal year are contingent on funds bein!.3 .)udgeted and appropriated for the purposes of performing the terms of this Agreement SECTION 11. GENERAL PROVISIONS. A. Notices. All notices, requests, consents. approvals, written instructions, reports or other communication by the Tow i of Avon. and the County, under this Agreement, shall be in writing and sh.al; be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon Town of Avon P.O. Box 975 Avon, Colorado 81620 0 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to wF,h::h notices, requests, consents, approvals, written instructions, reports or ui ier communications are to be given by a notice of change of address givk=r in the manner set forth in this paragraph A. B. This agreement does not and shall not be -J;::,emed to confer upon or grant to any third party any right to claim damag(::;; or to bring any lawsuit, action or other proceedings against either the Towm or the County because of any breach hereof or because of any terms, cover ants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be v.4 d unless in writing 'and duly executed by the party to be charged therev4l-h. is 5 D. This written Agreement embodies the whole, ;agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by V E! County or the Town other than those contained herein. E. This Agreement shall be binding upon the_ respective parties hereto, their successors or assigns and may not be assi?jned by, anyone without the prior written consent of the other respective parry hereto. F. All agreements and covenants herein are siwerable, and in the event that any of them shall be held invalid by a cou; t of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the Count} and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not pos:,e:ss the legal ability to enter into this Agreement, this Agreement shall be car, sidered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE., STATE OF COLORADO, By anc't'hrough Its ATTEST: BOARD OF COUNT" COMMISSIONERS By: By: _ Clerk to the Board of Tom Stone, Chairman County Commissioners ATTEST: TOWN OF AVON By: . Town Clerk Mayor s I ? Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager ?Z-- From: Norm Wood Town Engine Anne Martens, Assistant To Engineer Date: December 5, 2001 Re: Eagle River Recreation Path II - ECO Grant Agreement Summary: The attached Agreement between Eagle County and the Town of Avon is for the $350,000 grant for the Eagle River Recreation Path II Project. The Town of Avon applied for this Grant for Funding to ECO Trails in September 2001. The Eagle River 40 Recreation Path II Project is for construction of a ten-foot wide path from West Beaver Creek Boulevard that connects to the existing path at the Confluence Lot. This path would be along the Eagle River. Additional funding is also being applied for thru the Colorado State Trails Grant Program. The project is scheduled for construction in 2002. Recommendations: Approval of the Agreement between Eagle County and the Town of Avon for a Grant of $350,000 for the Eagle River Recreation Path II is recommended. Town Manager Comments: E IAEngineeringUREagle River Rec H\1.0 Administration\1.3 Funding\1.33 Grants ECO\Grant Agreenent Memo.Doc AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON THIS AGREEMENT, made and entered into this day of , 2001, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic by and through the Eagle County Regional Transportation Authority (hereinafter referred to as the "County") and the Town of Avon, Colorado (hereinafter referred to as the "Contractor'). WHEREAS, Resolution No. 96-22 created the Eagle County Transportation Authority and provided for its duties and powers, which include determining grants and bikeway projects to be funded from the monies budgeted and appropriated therefor; and WHEREAS on , the Eagle County Transportation Authority, based on the recommendation of the Eagle Valley Trails Committee, approved the request of the Town of Avon for funding for the Avon Phase H River Trail in the total amount of $350,000 to be awarded to the Contractor for the project. WITNESSETH: THAT, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree hereby as follows: 1. SCOPE A. The County has awarded the grant funds to the Town of Avon as Contractor in the amount of $350,000 for the purpose of providing funds for the construction of a pedestrian and bicycle trail within the Town of Avon, for the benefit of the residents of the Town of Avon and Eagle County. B. In consideration for the monetary payment described in the preceding paragraph, Contractor shall utilize and spend the funds provided solely for the following specific purpose(s), subject to the general terms and conditions as stated herein: i. The Trail will be built in the alignment and in to the standard set forth by the Town of Avon as Contractor in its request for funding. The trail will be located alongside the north bank of the Eagle River from West Beaver Creek Boulevard to the connection with the existing Confluence property trail E 2. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on the date said Agreement is executed by both parties and shall terminate on December 31, 2002, unless the Agreement is extended by both parties prior to the end date stated herein. Any unexpended funds may be required to be returned to the County as well as any funds not properly expended according to project objectives. However, the County may terminate this Agreement contract between the County and the Contractor on ten (10) days notice if it is deemed by the County that the proj ect is not fulfilling the program as specified in the project application. B. Notwithstanding the above, in the event the Contractor becomes insolvent, or is declared bankrupt, or dissolves, then the County may declare in writing that this Agreement is terminated, and all rights of the Contractor and obligations of the County shall thereupon terminate and cease immediately. 3. PAYMENT A. In order to receive the funds gr ted under this Agreement, Contractor will submit quarterly invoices to the Dir for of the Eagle County Regional Transportation Authority, P.O. Box 1070, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. 4. CONTRACTOR'S DUTIES The Contractor shall comply with the following Requirements: A. All funds received under this Agreement shall be expended solely for the purpose of which granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. B. The Contractor shall maintain adequate records of matching expenditures for reporting to the County. The Contractor shall maintain all records pertaining to this Agreement for a minimum of three (3) years and maybe subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered by an auditor, the Contractor shall return said misused funds to the County. n C. The Contractor authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Contractor, with forty-eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 5. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County c/o County Attorney P.O. Box 850 Eagle, Colorado 81631 THE CONTRACTOR: Town of Avon P.O. Box 975 Avon, Colorado 81620 6. MODIFICATIONS AND WAIVER 0 The Contractor shall not assign any rights or duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County 7. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Contractor to the County is that of an independent contractor. No agent, employee or volunteer of the Contractor shall be deemed to be an agent, employee or volunteer of the County. B. This Agreement shall be binding upon and inure to the benefit of the Contractor and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. C. In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim-related expenses. D. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. E. Subject to the limitations of liability contained in the Colorado Governmental Immunity Act, Contractor shall indemnify and hold harmless the County with respect to any claims, liability, or judgments from any acts or omissions of the Contractor, and any of the Contractor's officers, employees, agents or volunteers. F. The Contractor shall comply with all applicable laws, resolutions, and codes of the State of Colorado and the County of Eagle and all federal laws barring discrimination. G. No person shall have any personal financial interest, direct or indirect, in this Agreement. H. The County's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. I. The Town of Avon shall be responsible for all maintenance and liability associated with the Trail project being funded through this Agreement. This maintenance responsibility shall be subject to future review and reconsideration by the Eagle County Regional Transportation Authority, at their or the Town of Avon's request. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Contractor. 0 4 COUNTY OF EAGLE, STATE OF COLORADO by and through its REGIONAL TRANSPORTATION ATTEST: Cl k to the Regional Transportation Authority AUTHORITY By: oz/ - Kev' oley, Chairman CONTRACTOR: TOWN OF AVON ATTEST: By: Avon Town Clerk By: Judy Yoder, Mayor Memo 0 To: The Honorable Mayor and Town Council From: Harry N. Taylor, Director of Transportation Thru: Bill Elting, Town Manager Date: December 5, 2001 Re: Service Agreement with VAI on Dail-A-Ride Vehicles Summary: Vail Associates, Inc. (VAI) has requested the Town of Avon to continue performing "Repair and Maintenance" services on the Beaver Creek Resort Company Dial-A-Ride vehicles which are operated by VAL The Town of Avon Fleet Maintenance Division located at the Swift Gulch Maintenance Facility will perform this work. The repair "shop rate" is $80.00 per hour for the term of the Service Agreement. 0 Discussion: This agreement is a continuation of the repair and maintenance services provided to the Beaver Creek Resort Company since the eighties. This agreement became necessary when the Dial-A-Ride transportation function began to be operated by the Beaver Creek Resort Company. Recommendation: The recommendation is to approve the request by the Vail Associates, Inc. to provide "Repair and Maintenance" services under a Service Agreement for a one-year period. Town Manager Comments: r c, Encl. SERVICE AGREEMENT This agreement is made and entered into this -? day of 0 & , 2001 by and between Vail Associates, Inc., a Colorado corporation whose address is P.O. Box 7, Vail, Colorado, 81658 (hereafter know as "VAI") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon; Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of VAI to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Beaver Creek Resort Company buses which are operated by VAI. Service will be performed on approximately 31 buses or other vehicles, although the number of buses serviced may be increased or decreased in VAI's sole discretion. Routine Maintenance will be performed at lease every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by VAI. No payment for any repair or replacement work shall be due unless VAI ahs approved of such charges. Services may be commenced with verbal approval by VAI of a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. VAI acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and condition of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that it's facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, VAI will pay Contractor $80.00 per hour for repair and replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. 4. Terms and Termination: This Agreement will be effective as of October 1, 2001 and will terminate on September 30, 2002 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, VAI may terminate this Agreement upon seven (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 10 5. Relationships and Taxes: The relationship between the parties is that of ® independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act or any Colorado State independent contractor, Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by VAI to its employees. Contractor shall provide VAI an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work and shall pay all claims, costs, losses and damages resulting from such defective work. 7. Indemnity: Because VAI's operation and maintenance of the Beaver Creek Resort Company Buses furthers a public purpose, Contractor has determined that it is reasonable to indemnify VAI under this Agreement to the extent permitted by law. In connection with claims and / or lawsuits against VAI for property damage and / or personal injury or death occurring in connection with Contractor's performance of the Services, Contractor will indemnify and hold VAI harmless from and against all losses, damages and costs incurred by VAI and expenses (including without limitation reasonable attorney fees and legal fees incurred by VAI in its defense), up to the amount of VAI's self-insured retention or deductible as may exist. This indemnification shall not be construed or interpreted as a waiver of any protections, defenses, or limitations of liability afforded Contractor under the Colorado Governmental Immunity Act (CRS 24-10- 101, et seq.). This indemnification further shall be limited in amount to proceeds of any insurance coverage maintained by the Town of Avon. Contractor agrees to maintain in effect liability insurance in the amounts of the limitations of the Colorado Governmental Immunity Act. 8. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of VAI, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 9. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver relinquishment of such right of power at any other time or times. 10. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 11. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of POf nffa , 2001. _Lf VAIL ASSOCIATES, INC. A Colorado Corporation By: 4? ,5a/ EXECUTED this day of , 2001. TOWN OF AVON By: 11 u U EXHIBIT A "A" PM 3,000 miles or $80.00 hr. Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $80.00 hr. Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 1, 2000. • U AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 1 Program FMG210 DEPARTMENT: 09 - DIAL-A-RIDE Date 11/20/01 Release 5.z Time 10:46 f --DATE-- LICENSE- ---DEPR- +. --MAINT--- -YTD-- --MILES HRS-- M EQUIP# YR ---MAKE--- --MODEL--- CLASS ---SERIAL NUMBER---- -ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG-FY CURRNf T + 1001) O1 FORD B450 TERRATRANS PPL 1FDXE45S7YHB82726 10/31/00 TEMP 83000.00 0.00 6518.75 15673 2595 18268 M 101D O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82727 10/31/00 TEMP 83000.00 0.00 4208.95 19932 3770 23702 M 102D O1 FORD E450 TERRATRANS PPL IFDXE45SOYHB82728 10/31/00 TEMP 83000.00 0.00 2499.11 11678 3770 15448 M 103D O1 FORD E450 TERRATRANS PPL 1FDXE45S2YHB82729 10/31/00 TEMP 83000.00 0.00 4604.74 23579 1585 25164 M 104D O1 FORD E450 TERRATRANS PPL 1FDXE45S9YHB82730 10/31/00 TEMP 83000.00 0.00 9150.54 19196 1585 20781 M 105D O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82731 10/31/00 TEMP 83000.00 0.00 5322.39 18482 3836 22318 M 106D O1 FORD 8450 TERRATRANS PPL 1FDXE45S2YHB82732 10/31/00 TEMP 83000.00 0.00 4712.80 15546 4803 20349 M 107D O1 FORD 8450 TERRATRANS PPL 1FDXE45S4YHB82733 10/31/00 TEMP 83000.00 0.00 5889.33 13504 3836 17340 M 108D O1 FORD 8450 TERRATRANS PPL 1FDXE45S6YHB82734 10/31/00 TEMP 83000.00 0.00 3869.04 17934 3836 21770 M 109D O1 FORD E450 TERRATRANS PPL 1FDXE45S8YH882735 10/31/00 TEMP 83000.00 0.006 7013.32 12804 3836 16640 M 110D O1 FORD E450 TERRATRANS PPL 1FDXE45SXYHB82736 10/31/00 TEMP 83000.00 0.00 4134.10 19129 3836 22965 M 111D O1 FORD E450 TERRATRANS PPL 1FDXE45SIYHB82737 10/31/00 TEMP 83000.00 0.00 6922.17 18603 3836 22439 M 112D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T71G127988 11/08/00 TEMP 40000.00 0.00 3517.95 26946 1407 28353 M 113D O1 CHEV 1500 SUBURBAN L4U 3GNFK16TSIG128664 11/08/00 TEMP 40000.00 0.00 3008.26 22240 1407 23647 M 114D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T91G128821 11/O8/00 TEMP 40000.00 0.00 3797.03 17502 5713 23215 M 115D O1 CHEV .1500 SUBURBAN L4U 3GNFK16T61G136293 11/08/00 TEMP 40000.00. 0.00 4622.23 14035 4442 18477 M 116D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T41G136356 11/08/00 TEMP 40000.00 0.00 2621.06 .18148 1407 19555 M 174D 02 CHEV SUBURBAN L4UP 1GNFK16Z32J160166 11/14/01 TEMP 39014.00 0.00 0.00 224 0 224 M 291D 02 FORD E-450 TERRATRANS PPL 1FDXE45S91HB47191 11/13/01 TEMP 83000.00 0.00 188.80 0 1421 1421 M 294D 02 CHEV 1500 SUBURBAN L4U 1GNFK16Z32J160166 11/20/01 TEMP 40000.00 0.00 0.00 0 227 227 M 747 97 FORD TURTLETOP PPL 1FDLE4OS6VHA97393 10/15/97 EME6204 74000.00 0.00 8771.21 0 49633 49633 M 748 97 FORD TURTLETOP PPL 1FDLE40S1VHA01850 10/15/97 EMG5475 74000.00 0.00 14490.86 0 93346 93346 M 749 97 FORD METROTRANS PPL 1FDLE40SSVHA01849 10/15/97 EMG5473 74000.00 0.00 17149.82 0 54984 54984 M 750 97 FORD TURTTLETOP PPL 1FDLE40S3VHA01851 10/15/97 EMG5470 74000.00 0.00 23954.34 0 76300 76300 M 780 97 FORD E450 METROTRANS PPL 1FDLE40S6VHA23505 12/01/97 EMF6284 72000.00 0.00 20828.97 0 64440 64440 M 781 97 FORD E450 MBTROTRANS PPL 1FDLE40S4VHA42022 01/03/98 EMF7693 72000.00 0.00 13598.20 1598 48391 49989 M 889 98 FORD E450 TERRATRANS PPL 1 11/01/98 EMG2865 72000.00 0.00 5247.05 6045 14952 20997 M 891 98 CHEV SUB L4U 3GNFK16R7WG118509 12/01/97 EMG5498 33000.00 0.00 8954.00 0 68329 68329 M 892 98 CHEV SUB L4U 3GNFK16RXWGI18570 12/01/97 EMG5497 33000.00 0.00 12660.80 0 54543 54543 M 893 98 CHEV SUB L4U 3GNFK16R3WG118314 12/01/97 EMG5951 33000.00 0.00 10727.30 0 56350 56350 M 894 98 CHEV SUB L4U 3GNFK16RXWG119564 12/01/97 E14G5952 33000.00 0.00 5982.86 0 45474 45474 M 895 98 CHEV SUB L4U 3GNFK16RXWG119797 12/01/97 E14G5499 33000.00 0.00 6289.86 0 55402 55402 M 899 98 FORD E450 TERRATRANS PPL 1FDXE40SOERA07495 11/01/98 E14G5494 72000.00 0.00 13785.79 17908 44613 62521 M 987 99 FORD B450 TERRATRANS PPL 1FDXE40SIXHC19226 12/17/99 EMH1458 72000.00 0.00 11375.00 12554 21353 33907 M 988 99 FORD E450 TERRATRANS PPL 1FDXE40S4XHB45817 12/17/99 EMH1459 72000.00 0.00 13691.40 15811 18900 34711 M 989 99 FORD E450 TERRATRANS PPL 1FDXE40SXXHC19225 O1/O1/00 SMH1453 83000.00 0.00 14663.55 12210 20458 32668 M 990 99 CHEV SUB L4U 3GNFK16R4XG153316 10/19/98 EMG1681 33000.00 0.00 7706.33 9447 48925 58372 M 991 99 CHEV SUB L4U 3GNFK16R2XG154397 10/19/98 EMG1684 33000.00 0.00 12186.01 6183 53286 59469 M 992 99 CHEV SUB L4U 3GNFK16R1XG154410 10/19/98 EMG1680 33000.00 0.00 8128.26 11472 43624 55096 M 993 99 FORD EXPODE CNG L4U 1FMPUIBLSWLB91442 10/19/98 EMG1513 33000.00 0.00 3237.66 1 8951 8952 M 994 99 FORD EXPODE CNG L4U 1FMPU18L7WLB91443 10/19/98 EMG1516 33000.00 0.00 3215.16 22703 34540. 57243 M 995 99 FORD EXPODE CNG L4U 1FMPU18L9WLB91444 10/19/98 EMG1518 33000.00 0.00 2648.42 12238 26639 38877 M 996 99 FORD EXPODE CNG L4U IFMPU18LOWLB91445 10/19/98 EMG1515 33000.00 0.00 4225.56 2 28378 28380 M 998 99 CHEV SUB L4U 3GNFK16R3XG173279 10/19/98 EMG1536 33000.06 0.00 8968.25 21499 39728 61227 M MSC9 01 1 1 MSC 1 05/03/98 1 0.00 0.00 26952.45 0 0 0 M E Y • AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 2 Program FMG210 DEPARTMENTS 09 - DIAL-A-RIDE Date 11/20/01 Release S.z Time 10,46 --DATE-- LICENSE- ---DEPR--- --MAINT--- -YTD-- --MILES HRS-- M ?){ YR ---MAKE--- --MODEL--- CLASS ---SERIAL NUMBER---- -ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG-FY CURRNT T DEPT TOTALS: ITEMS 45 COST $2,598,014 DEPRECIATED VALUE $0 MAINTENANCE (LTD) $362,038 MTHLY CHG + INSUR. AMT $0 MILES DRIVEN (YTD) 454826 HOURS DRIVEN (YTD) / ITEMS 0 / OTHER METER USED (YTD) / ITEMS 0 / 0 0 0 E Memo To: The Honorable Mayor and Town Council From: Hang N. Taylor, Director of Transportation Thru: Bill Efting, Town Manager R__ Date: December 5, 2001 Re: Service Agreement with the Eagle River Fire Protection District Summary: The Eagle River Fire Protection District has requested the Town of Avon to continue performing Repair and Maintenance services on all Eagle River Fire Protection District vehicles. The Town of Avon Fleet Maintenance Division at the Swift Gulch Maintenance Facility will perform this work. The repair "shop rate" will be $80.00 per hour for the term of the Service Agreement. Discussion: This agreement is a continuation of the repair and maintenance services provided to the Avon Fire Department since the early nineties. Following the transition from Avon Fire Department to the Eagle River Fire Protection District, an IGA for the repair and maintenance services became necessary. Recommendation: The recommendation is to approve the request by the Eagle River Fire Protection District to provide Repair and Maintenance services under a Service Agreement for a one-year period. Town Manager Comments: ?r_ C0-) ?U encl. 11 SERVICE AGREEMENT 0 This agreement is made and entered into this da 17?4OKlby y and between Eagle River Fire Protection District whose address is P.O. Box 7980, Avon, Colorado, 81620 (hereafter know as "ERFPD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of ERFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Eagle River Fire Protection District vehicles and equipment which are operated by ERFPD. Service will be performed on approximately 19 vehicles or other equipment, although the number of vehicles serviced may be increased or decreased in ERFPD's sole discretion. Routine Maintenance will be performed at lease every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) "Repair and replacement" work as requested by ERFPD. No payment for any repair or replacement work shall be due unless ERFPD has approved of such charges. Services may be commenced with verbal approval by ERFPD or a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. ERFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (c) Contractor's Fueling Facilities may be used by ERFPD. The cost of Unleaded Gasoline and Diesel Fuel will be charged at the Contractor's cost plus ten cents Per gallon. (collectively the "Services") 2. Facilities: Contractor represents that it's facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ERFPD will pay Contractor $80.00 per hour for Routine Maintenance and Repair and Replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for n e . .L E services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. 4. Terms and Termination: This Agreement will be effective as of January 1, 2002 and will terminate on December 31, 2002 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, ERFPD may terminate this Agreement upon seven- (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven- (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ERFPD to its employees. Contractor shall provide ERFPD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ERFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in r--1 LJ whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of ,f 2001. Eagle River Fire Protection District By: EXECUTED this day of , 2001. TOWN OF AVON By: 11 4 ? u i --Ay EXHIBIT A E "A" PM 3,000 miles or $80.00 hr. Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" Preventive Maintenance Inspection every 12months $80.00 hr. Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of January 1, 2002. AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 1 Program FMG210 DEPARTMENT. 01 - EAGLE RIVER FIRE PROTECTION DISTRICT Date 12/06/01 Release 5.z Time 10:52 --DATE-- LICENSE- ---DEPR--- --MAINT--- -YTD-- --MILES MRS-- M EQUIP4 YR ---MAKE--- --MODEL--- CLASS ---SERIAL NUMBER-- -- -ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG-FY CURRHT T 795 H 110 00 PIERCE QUANTUM HP 4P1CTO2S9YA000935 11/21/00 AFD 380000.00 0.00 2815.46 661 134 111 00 PIERCE QUANTUM HP 4PICTO290YA000936 11/21/00 AFD 380000.00 0.00 8299.97 931 181 1112 H 112 88 PIERCE DASH-2DR. HP 1P9CTO1D2JA040331 01/01/80 AFD 140000.00 0.00 31113.48 3471 64520 67991 M 113 99 FORD F450/PIERC LP 1FDXF47F3XEB37439 03/31/00 24696YM 140000.00 0.00 1920.48 0 152 152 H 114 81 CHEV. C-30 LP - IGBJK34MSBB133517 O1/O1/81 AFD 20000.00 0.00 8568.96 0 559 559 H 115 82 E-ONE 1871-WA HP 11HFT4283CLZ15934 01/01/80 AFD 85000.00 0.00 16856.72 47 6454 6501 H 116 85 FORD F350/PIERC LP 1FDKF3818FPBS0360 01/01/85 AFD 35000.00 0.00 19180.38 63 1818 1881 H 117 86 FORD CT8000 HP 1FDYDSOU7GVA03933 01/01/86 AFD 85000.00 0.00 31331.67 25 76287 76312 M 119 O1 PIERCE QUANTUM HP 4P1CT02S61A001708 09/03/01 TEMP 380000.00 0.00 759.10 117 0 117 H 121 93 CHEV. SUBURBAN L4U 1GNGK26K2PJ367152 01/01/93 AFD 19150.00 0.00 10816.62 4 77761 77765 M 122 95 CHEV. S10 BLAZER L4U 1GNDT13WBSK260319 09/01/95 AFD 20800.00 0.00 10701.48 7626 54630 62256 M 123 98 CHEV BLAZER L4U IGNDT13WXWK224749 05/15/98 TEMP 23164.01 0.00 5019.07 1499 25036 26535 M 124 90 PIERCE DASH 4DR. HP 4P1CTO2D5MA000152 01/01/90 AFD 193500.00 0.00 76092.77 453 5396 5849 H 125 98 PIERCE-FL FL112-TANK HWT 1FV6TMDB6XHA41448 01/29/99 AF) 185000.00 0.00 5544.99 1 333 334 H 126 95 GMC 3500 4DR H4U 1GDHK33F3SF007695 11/01/95 AFD 32000.00 0.00 18457.73 211 929 1140 H 127 98 CHEV 3500 4DR H4U 1GBHK33F1WF062189 08/21/98 665A12 29514.53 0.00 11959.42 346 1119 1465 H 130 81 SUTPHEN TS 100+ LT 159A3KEE6B1003008 01/01/81 AFD 350000.00 0.00 22339.57 109 870 979 H 131T 98 HAULMARK K714BT-WT HT 16HPB1424WU011442 07/01/98 AFD 8000.00 0.00 110.15 0 0 0 M 8071 79 TMC CITYCRUISE 32C 9030-2 01/01/90 EME-2158 95000.00 0.00 10691.93 0 6646 6646 H 1 MSC 1 05/03/98 1 0.00 0.00 607.16 0 0 0 M 1 MSC 1 05/03/98 1 0.00 0.00 16401.14 0 0 0 M 1 MSC 1 05/03/98 1 0.00 0.00 232.87 0 0 0 M 1 MSC 1 05/03/98 1 0.00 0.00 72.29 0 0 0 M 1 MSC 1 05/03/98 1 0.00 0.00 521.03 0 0 0 M + DEPT TOTALS: ITEMS COST $2,601,129 DEPRECIATED VALUE $0 MAINTENANCE (LTD) $310,413 MTHLY CHG + INSUR. AMT $0 MILES DRIVEN (YTD) 12625 HOURS DRIVEN (YTD) / ITEMS 2939 / 13 OTHER METER USED (YTD) / ITEMS 0 / 0 k 1 E Rule 1.11 Consent In accordance with Rule 1.11 of the Rules of Professional Conduct, The Town of Avon (Town) consents that after attorney Burton H. Levin's (Levin) separation from employment with the Town, Levin, and any law firm with which he is associated, may represent clients in connection with all matters in which Levin participated personally and substantially on behalf of the Town, so long as neither Levin nor his law firm advocates a position contrary to a position Levin took while he was attorney for the Town. DATED this _ day of 12001. ATTEST: ® Town Clerk TOWN OF AVON By: Judy Yoder, Mayor n U Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer i Anne Martens, Assistant Town Engineer Date: December 5, 2001 Re: Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project Change Order I Summary: Attached Change Order 1 for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project represents minor changes required to address field conditions and plan clarifications. Change Order Number 1 is for the following items: 1. Additional Lights / Locks in Family Change Area $1,316.00 Two additional lights are needed in one of the family change rooms in order to provide sufficient lighting levels. 2. Access Panels to Plumbing $487.00 Due to plumbing modification in the locker rooms the plumbing access panels needed to be increased in size. 3. Rounded Masonry Corners $770.00 Rounded masonry corner for the new walls that constructed in the locker rooms were not specified. In order to match the existing walls the corners of the masonry walls needed to be ground. 4. Concrete Core Drilling $806.00 Additional venting for the plumbing work within the changing rooms was necessary and not indicated on the plans. 5. Deduct for Sihkal Sauna Floor ($858.00) The Silikal flooring system was not installed in the sauna room due to manufacturing specification. I:\Engineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.5 Change Order\CO Memo I.Doc 6. Additional Paper Dispenser for Family Change Room $326.00 A paper dispenser in one of the family changing rooms was not specified and is being proposed. 7. Chase construction to conceal plumbing lines $594.00 Plumbing lines were discovered during construction, which required construction of a chase concealment. 8. Cove base in corridor $265.00 Vinyl base was not specified in the hallway by the family changing rooms and was necessary in order to match the rest of the facility. 9. Double Wall: $800.00 A double wall was discovered during construction in the family change area. This required additional masonry to conceal the plumbing. 10. Duct Re-Routing $1,575.00 The proposed location for the duct work to penetrate through the floors from the roof were not feasible. Therefore the location of the duct work required additional labor to install and conceal. 11. AHU-7 Extra Duct Work $800.00 Extra duct work was required for the installation of the air handling unit in order to conceal the unit. 12. Electrical Work $500.00 The existing lights in the changing rooms could not be used due to code issues and two new fire alarm heat detectors needed to be installed. 13. Floor Drain Installation: $2,779.00 Due to modifications to the contract documents during the bidding process details of the drain installation was erroneously omitted from the revised contract documents. The details excluded were the waterproofing and concrete coring details. 14. Site Line Wall in Men's Locker Room $1,050.00 A site line concrete masonry wall is needs to be constructed in the men's locker room due to error in the project drawings. Total of Change Order #1 $11,210.00 The cost of the Change Order is to increase the contract amount by $11,210.00. Due to the tight construction schedule several item were completed during construction in order to keep the project on schedule. LAEngineering\ClP\Rec Center Refurbish\4.0 Construction Docsi4.5 Change Order\CO Memo I.Doc 2 The net effect of this Change Order is to increase the Contract Amount from $ 464,048.00 to $ 475,258.00. This change is provided for by the contingency item in the project budget. Construction Contract Change Order No. 1 Design Contract Administration Administration Contingency (10%) Total Construction Budget Annroved Proiect Budget Proiect Costs $470,000 $ 464,048 $ 11,210 $ 40,000 $ 36,200 $ 15,000 $ 16,100* $ 2,000 $ 2,500 26,000 $553,000 $ 530,058 *Includes additional contract administration services requested. Approval of Change Order 1 to the Harney-Naill, Inc. contract for construction of the Avon Recreation Center Refurbishment of the Locker and Changing Rooms is recommended, increasing the Contract amount $ 11,210.00 from $ 464,048.00 to $ 475,258.00. Recommendations: Approve Change Order 1 to the Harney-Naill, Inc. contract for construction of the Avon Recreation Center Refurbishment of the Locker and Changing Rooms, increasing the Contract amount $ 11,210.00 from $ 464,048.00 to $ 475,258.00. Town Manager Comments: J- Cam Caw Pros tc+ $ I?? ? ?? ( cr, I:\Engineering\CIP\Rec Center RefurbishW.0 Construction DocsW.5 Change Order\CO Memo I.Doc 3 12/ 06/ 2001 12:08 . 6235449908 HARhEY-MILL, INC. I PkiL bll bl i 0 'ginal CONTRACT PRICE: S Ll & H 0 W $ .- Current CONTRACT PRICE adjusted by previous CHANGE ORDER • NAME OF PROJECT: PUon1 /(EGf eF}Tc-N CENrE_r? Kf ?? IS s+M^-?T O toc4at A-,-)o G+hq-rJ G, 10& goorn AXES P'S OWNER: -)7eJ&J of AtJoAJ CONTRACTOR: F-y- AJ!},LL, ZAJC-• The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: && Tb caaa,-r7o?s ???cou?,?rre,Ep ?u???? G6asrR.?cnon?. /UFU?cE I c-ra 2 rM?rfL,C ID o ro P4L,0S a jQ F crF? rE crs ,A-7T H-tom T 0 A-rO t -2 /& )o Change to CONTRACT PRICE: S Zi o 9-02 • -.0doG- The CONTRACT PRICE due to this CHANGE ORDER will be increased decreased) by S l1. Zi y The new CONTRACT PRICE including this CHANGE ORDER will be $ _ 1g.Z58 T Change to CONTRACT TIME: ' The CONTRACT TIME will be (in The date for completion of all work APPROVALS REQUIRED: -r I Approved by Accepted by Contractor: CHANGE ORDER Order No.: CdA-rjG(- o R.DE2 Date:-124(0/01 Agreement Date: 81, /01 by -.01IL- calendar days. I be -1 (Date). Accepted and Approved by Owner: f Federal Agency Approval (where applicable): hA Change Order #1 Detail of Costs (Attachment for Harney-Naill, Inc. CO# 1) December 6, 2001 Additional Lights/Locks in Family Change Areas: Access Panels to Plumbing Rounded CMU Corners Concrete Coring Deduct for Sauna Floor Additional Paper Towel Dispenser Chase Construction Cove Base in Corridor Double Wall Duct Rerouting AHU-7 Extra Duct Work Webb Electric Drain Installation CMU Sight Line Wall $1,316.00 $ 487.00 $ 770.00 $ 806.00 ($ 858.00) $ 326.00 $ 594.00 $ 265.00 $ 800.00 $1,575.00 $ 800.00 $ 500.00 $2,779.00 $1,050.00 Total for Change Order #1 $11,210.00 I/ Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -1 v,- - From: Norm Wood, Town Engineer A) Anne Martens, Assistant Town Engineer Date: December 5, 2001 Re: Avon Recreation Center Refurbishment of the Locker and Changing Rooms Proposal / Victor Mark Donaldson Architects Additional Construction Contract Administration Services Summary: The attached Proposal for Additional Construction Contract Administration Services for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms was submitted by Victor Mark Donaldson Architects. The original scope of contract administration services was originally for a 29-day construction period and punch list services. Due to the completion of the punch list taking longer than anticipated and the amount of review for change order requests, the scope of services needs to be increased. The revised proposed services, includes review and evaluation of potential corrections and changes, review and management of the punch list process and additional mechanical inspections required for efficient administration of the construction project. The increase in services includes $1,200 for the mechanical contract administration. The estimated cost of these additional services is not to exceed $6,200 without prior written approval. The cost of these services can be covered by the Approved Project Budget. Approval of the Victor Mark Donaldson Architect Proposal for Additional Construction Contract Administration Services for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms with an estimated cost not to exceed $6,200 without approval is recommended. Recommendations: Approve the Victor Mark Donaldson Architects Proposal for Additional Construction Contract Administration Services for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms with an estimated cost not to exceed $6,200 without prior written approval. Town Manager Comments: y I:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.3 Service Contract\Memo Prpsl Additional STv.Doc 0048 E BEAVER CREEK BLVD y ON SUITE 207 December 5, 2001 Box 5300 AVON, CO 81620 Anne Martens 970.949.5200 Engineering Department v m d a@ v m d a. c o m Town of Avon FAx¦ 9490 5205 PO Box 975 Avon, Colorado Re: The Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project Proposal for Additional Contract Administration Services Dear Anne: VMDA hereby proposes the Additional Services for the above noted Project as we have discussed. Our contract amount for Contract Administration Services is currently $9,900.00. This was to provide normal services through construction and a final punch list to the contractor upon completion of construction. In addition to the punch list work taking longer than the entire project, this contractor has continued to provide incomplete and misleading information which has in turn caused us to spend considerably more of our time verifying and responding to requests made repeatedly. During the month of November and presumably in the month of December, we have worked and will continue to work at your request to address and resolve issues with the punch list, const,rgo* r quality, and attempts at project close-out. ?Ily request Additional Services to be billed hourly not-to-exceed $6,200.00 to this additional, unanticipated time. This amount includes $1,200.00 from ME Inc. ( See attached letter. ) aldson, AIA This Agreement have been read, understood, and agreed to by : Anne Martens Town of Avon Date W:\0102\120501 c.doc ARCHITECTS t F E ENGINEERS, INC. CHANICAL AND ELECTRICAL NSULTING ENGINEERS December 5, 2001 Anne Martens Engineering Department Town of Avon P.O. Box 975 Avon, Colorado Re: The Avon Recreation, Center Refurbishment of the Locker and Changing Rooms Project Proposal for Additional Contract Administration Services Dear Anne, WE Engineers has dealt with an unexpected amount of construction administration and post construction issues on this project. We will continue to address any concerns to make this a successful project. Due to the unexpected workload we must respectfully request additional compensation to the amount of $1200. Sincerely. WE Engineers, Inc. Vail Valley Office Matt Chmielewski Design Engineer 48 E. BEAVER CREEK BLVD., SUITE 307 RO. BOX 5740, AVON, CO 81620 PH: (970) 949-6000_• FAX: (970) 949-1959 DENVER COLORADO SPRINGS LOS ANGELES VAIL LONDON