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TC Council Packet 03-26-2002Town Council Meetings Roll Call Check Sheet Date: 3/26/02 Michael Brown / Debbie Buckley t Peter Buckley Rick Cuny ? r Mac McDevitt Buz Reynolds Judy Yoder Z /?"406 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: I/ Bill Efting Larry Brooks ,/-B-t o art-?-v--vzii . d Gi/?" 1r'; Kris Nash Jacquie Halburnt Scott Wright L// Jeff Layman Norm Wood _? Meryl Jacobs Bob Reed Harry Taylor ?_ Ruth Borne Other Staff 1ATown Clerk\Council\Packets\Council 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 MARCH 26, 2002, AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:00 PM - 4:30 PM 1) Compliance Deposit Discussions (Ruth Borne) 4:30 PM - 4:45 PM 2) Budget Appropriation Discussions (Scott Wright) 4:45 PM - 5:00 PM 3) Buffalo Ridge Discussion (Gerry Flynn & Jeff Spanel) 5:00 PM - 5:15 PM 4) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC TO IF AVON, COLORADO BY: 'sten Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 22,2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY IATown ClerMCounciRAgendas & Worksessions\Agenda-Worksession.doc Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development Date March 20, 2002 Re: Design Compliance Deposit Summary: On March 21, 2001, Town Council and Planning and Zoning Commission recommended in a joint work-session that the design guidelines incorporate a compliance deposit to ensure projects are consistent with their design approvals. The Town has historically faced challenges with deviations from approved designs and with the adequate construction. On November 6, 2001, the Planning & Zoning Commission adopted the Residential, Commercial, and Industrial Design Review Guidelines. On November 13, 2001 these guidelines were duly adopted by Town Council. The new guidelines included the recommended compliance deposit. The compliance deposit is a surety in the amount of 2% of the valuation cost of construction, or a minimum of $5,000. The compliance deposit is provided prior to issuance of the building permit. The compliance deposit is designed to guarantee contractors and developers comply with the approved design plans and construction rules. Compliance deposits have been effective in other jurisdictions to deter non-compliance with approved design plans and construction rules and regulations. The deposit is released upon issuance of a Certificate of Occupancy. One of the objections presented by a few of Avon's contractors is that the deposit unduly restricts their ability to borrow money and fund other projects. Staffs research of local banking institutions (including Alpine Bank) indicates that the compliance deposit would be issued as part of the construction loan, and would not compromise the ability of the builder to secure an adequate loan. Additionally, the design compliance deposit is different from the surety held for the issuance of a Temporary Certificate of Occupancy (TCO). The TCO surety is held in order to guarantee the completion of items under construction and to allow occupancy. The design Memo to Town Council, March 26, 2002 Page 1 of 2 Design Compliance Deposit compliance surety, on the other hand, is held in order to guarantee compliance to the approved design plans and associated regulations.. Town Manager Comments: Attachments: Letter dated March 1, 2002 from Terramont Builders Memo to Town Council, March 26, 2002 Page 2 of 2 Design Compliance Deposit Terramont Building Contractors, Inc. P O Box 3415 Avon CO 81620 George Plavec 970-845-7797, cell 970-390-5382 TPlavec@a,AOL,.com March 1, 2002 Avon Town Council Avon, Colorado 81620 Please consider this plea to amend the Design Review Guidelines Section 7 to abolish the Compliance Deposit required for construction projects in the town of Avon. As a small builder, property owner and homeowner in Avon, the new Design Review Guidelines work to restrict and to cause undue expense to the construction community. Specifically the Compliance Deposit is redundant, expensive and unjust in an already costly town to build in. I have been asked to enumerate some of the concerns voiced at the town council meeting of 2/26/02. 1) Redundancy: There is already a system in place by which the town charges a- compliance deposit at the time of Temporary Certificate of Occupancy for any items non conforming or not completed specified in the Final Design Review. If at this time radical changes have been made to the project the owner needs to obtain approval from the Design Review Commission. This system works and only needs to be enforced by Eric Johnson who by the way has done an excellent job. 2) Expense: Many people complain about the high cost of housing. This will only exacerbate the problem. Other communities such as Single Tree and Cordillera require these deposits but do not have the 2% transfer tax that Avon and Vail do and thus need surety to police the builders. Avon has code enforcement and a TCO system that works. 3) Letter of Credit: The minimum charge for a letter of credit is $500. Some will say "all you need is a letter of Credit from a bank for this, that's not very expensive" But it is. For example a $15000 letter of credit is a loan from the bank and when you need to borrow money for a construction loan, the maximum amount a lender is willing to loan is now $15000 less than what it would have been. This will cause the builder to cut costs and will result in a lesser quality project. If the situation is an owner builder, this may cause the project to be cancelled for lack offunds. Banks only lend 80% of the construction cost and land. With this 2% it will essentially be 78%, not much but as the owner of Terramont Building Contractors, Inc. we often have trouble making our budget hit below this magic 80% line. 4) 2% up frog t is a lot, at the end it's negligible: If a builder is havin the end, 2% is not going to help that much. If a builder is with ' g money trouble in TCO or CO the bank will probably extend his loan to complete the / of obtaining a project. These are some of the major points that we this deposit. would like to offer in support There are some compromises available that might take in of abolishing number of successful projects a builder may have preformed or Property o the new rules being exempt. into to account the Many of us in the construction business were not away weed prior to Guidelines being adopted in November, a of the new Design Review Thank you for considering our concerns taking part• and opening a dialogue with all interested parties George "Tripp" Plavec Terramont Building Contractors, Inc. 2960 June Creek Trail Unit B Wildridge Lots 16, 20, 21 Block 2 Wildridge Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: March 20, 2002 Re: The Village (at Avon) Filing 2 Buffalo Ridge Housing Project summary: Corum Real Estate Group submitted the attached request for possible concessions by the Town to reduce the cost of the project. They will also be at the Council work session to discuss their request. Some of the items in the request will have significant impacts on the Town budget. Other items may result in a slight down grade in the quality of the project, defer expenses to a later date in the form of potentially higher maintenance costs or may have essentially no impact on the project in the long term. We will attempt to evaluate these impacts and be prepared to discuss at the work session as well. Town Manager Comments: IAEngineering\Avon VillageTiling 2\Bldg Pernvt\Concession Request.Doc 11 CORUM 1it REAL ESTATE GROUP March 20, 2002 Mr. Larry Brooks Assistant Town Manager Town of Avon PO Box 975 Avon, CO 81620 RE: Buffalo Ridge I & II Dear Larry: As we have discussed over the past several weeks, we have encountered unusual, unanticipated and expensive site issues on our Buffalo Ridge project. We have recently completed a detailed estimate of site costs, including mitigation of geologic issues. The estimate is $4.1 million, or $1.6 million higher than the cost originally estimated by Traer Creek and us. Again, the bulk of this increase relates to geologic mitigation which was never anticipated. We have pursued a number of cost saving opportunities in our attempt to salvage the project on economically viable terms. These include: Estimated Savings 1. Eliminate debris rakes above basins 9 and 10 $200,001 (revised design). 2. Value Engineering. and/or reduce G.C. fee. 300,000 3. Capitalized interest savings relating to staged bond 202,000 commitment. 4. Traer Creek (or TCMD) waiver of remaining tap 532,000 fees. Total $1,234,000 While we have made significant progress, we still don't have all of the commitments we need to solve the problem. We are requesting certain concessions from Town of Avon on site improvements. Our specific requests are as follows: Estimated Savings • Eliminate paving of detached bike path. ? Use milled asphalt in lieu of paving. $20,500 • Eliminate concrete sidewalks. ? Add 6 foot shoulder on roadway. 31,500 • Asphalt bus stop pullouts in lieu of concrete. 40,000 • Delete temporary bus turnaround. ? TCMD will connect Swift Gulch Road extension to east by late 2002, 2003. ? Provide sufficient roadway extension to allow 3 point turn. 39,000 • Building Permit Inspection Fees. 128,000 RIVERWALK AT EDWARDS 28 SECOND ST. ? STE 215 ? P.O. BOX 2090 ? EDWARDS, CO 81632 ? 970-926-8686 ? FAX 970-926-8690 Total $259,000 Buffalo Ridge I & II Page 2 Under the terms of the Subdivision Improvement Agreement, the Town has the ability to charge the project for its cost of inspection for Public Improvements. An additional source of help could be a waiver of these fees. To provide the Town with the quality assurance it needs, we could provide to the Town copies of the project engineer's inspection reports and test results. Any or all of these items will help us reach our goal of $1.6 million project savings. Please consider the necessity of each of these site improvements. Some of these are temporary improvements and would need to be modified later. If necessary, the project could defer certain improvements which could be paid from excess operating cash flow after completion. Please consider each of these requests and let us know your thoughts. We need to get commitments ASAP in order to prepare for our scheduled closing of financing in late April. Thanks for your consideration Sincerely, Corum Real Estate Group Gerry Flynn Senior Vice President 11 CORUM 11 REAL ESTATE GROUP Buffalo Rigde:\Word\Brooks.3.19.02,doc J? RIVERWALK AT EDWARDS 28 SECOND ST. ? STE 215 ? P.O. BOX 2090 ? EDWARDS, CO 81632 ? 970-926-8686 ? FAX 970-926-8690 -s i rye-LArt%jw I cuv nu ?. VALLEY WILL BE HELD NOTTINGHAM PARK Ot MARCH 30TH FROM 10'i # a: r 4 i r a ? r I ..;ATURDAY, -12:00. Y Ti• r w ?l •? r 7 P,.qmww, 71w VON ' k- C O L O R A D O w? We hope to see you there a '? , ? ? ?? ` t ? ? ' r Ti.SJS! Kf t. i ?( r.-. . \ r. f n ?Y kt ..? .. .. . f }nV ?, .C ) y . ?rY^ 5`w.4cj) tY..t•? :7 t ! 'C }'• ` ? .i.. ?i ?• t S: t 'T .t' Ls.' 2i ?I 't t ...., t. .. ... e. a .,. .rn? •"ti.' ry ??? :2 u_I ? !sxcY' "r. ss... u?`-.' y r q s n ip f ? ? ? 'r,q i ?+ {. I r" ?• l f ? ? " k ? Y ,x !`rli. ?? ? 'fi K' e?J? 'Q l+'.?,r^ k` ? :x? u $r rG .. ;.? : ;F ... l ?? _,? .. r? _ ?J ? , ,;..nl , '. r y ?.. ? t ti r - { v 71 ?y.. t ?.154;??4 7 i. 4 ?i 2 fit1r t t} s f : ,F ' ?? ?; std ;?• „`?:. ? - ?. ? _ . ? ? ? tM: t .. i. . • ?y t ?• ? ? ` s? ter ? ... I ? w • • ` '1/cwr a.1Xt L? ?.6? 'CSr.?'i r ?At. ? 'iCrr?H 7.L .tUw L17s1` - Z i Town of Avon KIDS OF ALL AGES Petting Zoo • Glitter Tatoo • Inflatable bouncy Maze & Castle • Refreshments • Parents, Bring your camera! Pictures with Mr. Rabbit or Mrs. Goose. NO 0005 allowed in Nottingham Park. Overflow parking available at Avon Elementary School. No on-Street parking in Avon. For more information call 748-4060 Color this ad & bring to event. A prize for the most creative in 5 age groups me: one #• age . .: .................................................................... .. ..... .... ........ ..... Presenting: , , W8 vail AV 0 N tv17 avan 0 C O L O R A D O Supporting: M Treasure Island Toys Community/: Alpine Video Sweet Serendipity WaImart The Christie Lodge Avon Bakery & Deii Town of Avon Cctza. de ?luevo5 Nottingham Park 5abado, 30 de Marzo • 10am -12pim La caza de Huevo5 Empieza a Las 10:30 AM Para Ninos de 3 a 9 anon • Juegos y premios en cabin area (para ninon menores de 3 anon) N PARA NIN05 PE TOPA5 LA5 EPAPE5 Zoologico de animales pequenos • Tatuajes Brillantes • Castillo y laberinto inflable • Bebidas Padres, Traigan la cama'ra de fotos! Fotos con Mr. Rabbit o Mrs. Goose. PUE5 NO AOMITIO05 ON NOTTINGHAM PARK Estacion amiento adicional en Avon Elementary School Para rna5 informacion Llamar al 746-4060 Pinta este aviso y traelo a la caza de ' uevos. Habra un premio para el ma's ;reativo en cinco grupos de edades. mbre• efono #: edad: Fre5enting: Fil ,?' AV 0 N VYBAW C-0- L O. A 0 0 Supporting 0. Avail 0 tv17 avon E Treasure Island Toys Community: Alpine Video Sweet Serendipity Walmart The Christie Lodge Avon Bakery & Deli STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 26th DAY OF MARCH 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-04, SERIES OF 2002: An Ordinance Making Miscellaneous Amendments to Title of the Municipal Code of the Town of Avon Relating to Administration and Personnel; and Establishing the Administrative Departments of the Town A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 13th day of March, 2002. TOWN AVON, COLORADO BY: t L"---? ash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 13,2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY ORDINANCE NO. 02-04 AN ORDINANCE MAKING MISCELLANEOUS AMENDMENTS TO TITLE 2 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO ADMINISTRATION AND PERSONNEL; AND ESTABLISHING THE ADMINISTRATIVE DEPARTMENTS OF THE TOWN. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Title 2 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 2.02 providing as follows: Chapter 2.02 ADMINISTRATIVE DEPARTMENTS "2.02. 010. Departments Enumerated. The administrative departments of the Town shall be as follows: A. Community Development. B. Public Works. C. Police. D. Human Resources. E. Finance. F. Administrative Services. G. Recreation. H. Transportation. I. Engineering. "2.02.020 Directors' Duties. Each department shall be under the direction of a director (or police chief, in the case of the police department) whose functions and duties shall be in accordance with the provisions of the statutes of the state, the Town Charter, the ordinances of the town and the procedures established by the Town Manager. Any reference in this Code to a department director shall include his or her designee. "2.02.030 Functions and Directions. The Town Manager shall determine and direct the operation and function of each administrative department, including the employment of heads of the departments. Section 2. Subsection C of Section 2.08. 100 of Chapter 8 of Title 2 of the Municipal Code of the Town of Avon is amended to provide as follows: "C. The clerk shall be compensated according to a pre-determined salary schedule and shall be paid on the same pay schedule as other regular, full-time employees of the town." Section 3. Chapter 2.12 of Title 2 of the Municipal Code of the Town of Avon is repealed. Section 4. Section 2.24.020 of Chapter 24 of Title 2 of the Municipal Code of the Town of Avon is amended to provide as follows: "2.24.020 Disciplinary action-Authorized. Disciplinary guidelines shall be established by personnel policies and procedures established by the town manager. For purpose of this chapter, the term "employee" shall not include any person excluded from the jurisdiction of the personnel merit commission by the Town Charter, and nothing herein contained shall be construed as limiting the authority of the town to discharge such persons with or without cause, an authority and right which is established and recognized." Section 5. Subsection A of Section 2.24.040 of Chapter 24 of Title 2 of the Municipal Code of the Town of Avon is amended to provide as follows: "A. General. In the event an employee is the object of disciplinary action of any kind, that employee has the right to request an administrative hearing before the personnel merit commission. Written notice of an appeal shall be filed with the town manager or his designee within five days of the date the employee is notified, in person or by mail, of the disciplinary action. The purpose of the hearing shall be to allow the department head, supervisor, human resources director and/or town manager to present reasons for dismissal and to allow the employee the opportunity to refute the evidence presented or to present mitigating evidence concerning the reasons brought by the department head, supervisor, human resources director and/or town manager." INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of March, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of March, 2002, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Nt?or INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 26th day of March, 2002. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 26th DAY OF MARCH 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-05, SERIES OF 2002: An Ordinance Amending Ordinance No. 02-03 of the Town Relating to the Issuance by the Town of Multifamily Housing Revenue Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments Project), Series 2002 A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 13th day of March, 2002. TO BY: AVON,COLORADO POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 13,2002: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Town Clerk TOWN OF AVON, COLORADO ORDINANCE NO. 02-05 AN ORDINANCE AMENDING ORDINANCE NO. 02-03 OF THE TOWN RELATING TO THE ISSUANCE BY THE TOWN OF MULTIFAMILY HOUSING REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO RIDGE H APARTMENTS PROJECT), SERIES 2002. WHEREAS, on February 26, 2002, the Town Council of the Town of Avon, Colorado (the "Town") adopted Ordinance No. 02-03 (the "Ordinance") entitled as follows: AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF UP TO $15,305,000 OF THE TOWN'S MULTIFAMILY HOUSING REVENUE BONDS (GNMA MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO RIDGE II APARTMENTS PROJECT), SERIES 2002, THE EXECUTION AND DELIVERY OF A FINANCING AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE AGREEMENT, AND RELATED DOCUMENTS; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; MAKING CERTAIN DETERMINATIONS WITH RESPECT THERETO; PROVIDING FOR THE PRINCIPAL AMOUNT, NUMBERS, PROVISIONS FOR REDEMPTION AND TENDER AND MATURITY OF, AND RATES OF INTEREST ON, THE BONDS; REQUESTING THE TRUSTEE TO AUTHENTICATE THE BONDS; AUTHORIZING INVESTMENTS; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS. WHEREAS, the allowable amount of HUD mortgage insurance relating to the project to be financed by the Bonds authorized by the Ordinance has increased over the previously anticipated amount; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. AMENDMENT OF ORDINANCE. The first sentence of paragraph 3 of the Ordinance is hereby amended to read in its entirety as follows: "The Bonds shall be in the aggregate principal amount not to exceed $16,000,000. \\\DE - 86736/0001 - 143645 v1 Section 2. REPEALER. All acts, orders, resolutions, ordinances or parts thereof, taken by the Town in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, resolution, ordinance or part thereof, heretofore repealed. Section 3. ORDINANCE IRREPEALABLE. This Ordinance is, and shall constitute, a legislative measure of the Town, and after the Bonds are issued and outstanding, this Ordinance shall constitute a contract between the Town and the owner or owners of the Bonds, and shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied and discharged. Section 4. SEVERABILITY. If any paragraph, clause or provision of this Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs, clauses or provisions hereof are severable. - Section 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after its passage and public notice thereof. -2- \\\DE - 86736/0001 - 143645 v1 ADOPTED ON FIRST READING AND ORDERED POSTED this 12th day of March, 2002. TOWN OF AVON, COLORADO (TOWN SEAL) By: Vyor 0 (j The foregoing Ordinance will be presented for final passage at the Council's regular meeting, to be held at Town Council Chambers, on Tuesday, the 26" day of March, 2002, at 5:30 p.m. -3- \\\DE .86736/0001 - 143645 v1 FINALLY PASSED AND ADOPTED the 26`' day of March, 2002. TOWN OF AVON, COLORADO (TOWN SEAL) By: Mayor ATTEST: Town Clerk -4- \\\DE - 86736/0001- 143645 v1 The motion to pass the foregoing Ordinance on first reading was duly made by Council Member and seconded by Council Member , and the roll was called with the following results: Council Members voting "Yes": Council Members voting "No": The Mayor thereupon declared the Ordinance duly passed on first reading and instructed the Town Clerk to post the Ordinance once in full in at least three public places within the Town, in addition to the office of the Town Clerk, at least seven days before its consideration for final passage. After consideration of other business to come before the Town Council, the meeting was adjourned. (TOWN SEAL) By: Mayor ATTEST: Town Clerk -5- \\\DE - 86736/0001- 143645 vl STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The Town Council of the Town of Avon, Colorado, held a regular meeting open to the public at the Town Council Chambers at , on Tuesday, the 26' of March, 2002, at 5:30 p.m. The following members of the Town Council, constituting a quorum thereof, were present: Council Members: The following members of the Town Council were absent: The following persons were also present: The Town Clerk informed the Town Council that the proposed Ordinance, which was passed on first reading and ordered posted once in full at a regular meeting of the City Council held on March 12, 2002, was posted in full in at least three public places within the Town, in addition to the office of the Town Clerk, on March _, 2002. At or after 5:30 p.m., the Town Council held a public meeting on the proposed Ordinance, including the issuance of the Bonds and the nature and location of the facilities to be financed therewith, and all interested persons present were heard by the Town Council. Thereupon, Council Member moved that the Ordinance be finally passed, adopted, numbered and ordered posted. Council Member seconded the motion, and the question being upon the final passage and adoption of the Ordinance, the roll was called with the following results: Council Members voting "Yes": Council Members voting "No": -6- \\\DE - 86736/0001- 143645 v1 The Mayor thereupon declared the Ordinance finally passed and adopted and instructed the Town Clerk to number the same as moved and post the Ordinance once in full in at least three public places within the Town, in addition to the office of the Town Clerk. After consideration of other business to come before the Town Council, the meeting was adjourned. (TOWN SEAL) By: Mayor ATTEST: Town Clerk -7- \\\DE - 86736/0001 - 143645 v1 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) I, , Town Clerk of the Town of Avon, Colorado, do hereby certify that the attached copy of Ordinance No. 02-_, is a true and correct copy; that said Ordinance was passed by the Town Council of the Town of Avon, Colorado, at its regular meeting held at , the regular meeting place thereof, on Tuesday, the 26th day of March, 2002; that a true copy of said Ordinance has been authenticated by the signatures of the Mayor of the Town of Avon and myself as Town Clerk thereof, sealed with the seal of the Town, and numbered and recorded in a book kept for that purpose in my office; that the foregoing pages 1 through 10, inclusive, constitute a true and correct copy of the record of the proceedings of said Town Council at its regular meetings of March 12, 2002 and March 26, 2002, insofar as said proceedings relate to said Ordinance; that said proceedings were duly had and taken, that the meeting was duly held; and that the persons were present at said meeting as therein shown. . IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon, Colorado this day of March, 2002. (TOWN SEAL) -8- Town Clerk Town of Avon, Colorado \\\DE - 86736/0001 - 143645 v1 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 12, 2002 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 Protein Buz Reynolds present. Also present were Town Manager Bill Efting, Town Attorney John Dunn, Town Clerk Kristen Nash, Human Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Public Works Superintendent Gary Padilla, Transportation Foreman Jeff Wetzel as well as members of the press and public. Ordinances: First Reading of Ordinance No. 02-04, Series of 2002, An Ordinance Making Miscellaneous Amendments to Title 2 of the Municipal Code of the Town of Avon Relating to Administration and Personnel; and Establishing the Administrative Departments of the Town Town Attorney Dunn stated that this ordinance does away with the Public Safety Department within the Town and clarifies the Human Resource department. It also clarifies the handling of personnel matters within the Town. Councilor McDevitt motioned approval of Ordinance No. 02-04, Series of 2002 on first reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: Mayor Yoder stated that this ordinance has been added to the Agenda. First Reading of Ordinances No. 02-05, Series of 2002, An Ordinance Amending Ordinance No. 02-03 of the Town Relating to the Issuance by the Town of Multifamily Housing Revenue Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments Project), Series of 2002 Town Attorney Dunn stated that at the last Council meeting an ordinance was adopted authorizing issuance of $15,305,000 of the Town's multi-family housing revenue bonds. He added that these bonds are not direct obligations of the Town; it is an authorization that is cooperative with the private sector. The bonds are repayable solely by the revenues of the project. The Town has no financial risk. He stated that in order for this project to move forward, the Town did authorize the bonds that will make the project possible. The Council has been requested to amend the ordinance adopted at the last meeting to increase the amount of the bonds to $16,000,000, which is due to a change in HUD regulations. Mayor Protein Reynolds motioned approval of Ordinance No. 02-05, Series of 2002 on first reading. Councilor McDevitt seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Unfinished Business: Deed of Easement, Eagle River Water & Sanitation District Mayor Yoder stated that this item has been moved from the Consent Agenda and will be discussed under Unfinished Business. Town Attorney Dunn stated that there have been negotiations between the Town and Eagle River Water & Sanitation District (ERWSD) regarding the recreation path that will pass over a corner of the sewer plant property. ERWSD is concerned about the possible odors emanating in the area of the bike path. This revised Deed of Easement contains language satisfactory to ERWSD that focuses the odor issue on the actual area of the bike path. The Council's consensus was to approve the Deed of Easement subject to the changes indicated by ERWSD. The changes are contained in the Easement. Councilor McDevitt motioned approval of the Deed of Easement as amended. Councilor Brown seconded the motion. The motion carried unanimously. Town Manager Report: Town Manager Efting stated that Nottingham Lake is closed for skating for the season. He commended the Recreation Department and Public Works for all their hard work. Town Attorney Report: Town Attorney Dunn stated that notice was given to AT&T Broadband with respect to a default on their part under the Franchise Agreement. The default was the failure of AT&T to activate Internet service in the area of the town to the south of the railroad Regular Council Meeting March 12, 2002 tracks and east of Avon Road. He stated that he has received information that the correction will be made and Internet service will be up and running by April 8. Mayor Report: Mayor Yoder thanked the Police Department and staff for their help in keeping traffic moving during this past weekend when there was a record ski day at Beaver Creek. Consent Agenda: a.) Approval of the February 26, 2002 Council Meeting Minutes b.) Deed of Easement, Eagle River Water & Sanitation District c.) Recreation Center Refurbishment n- Additional Contract Administration Services Mayor Protein Reynolds motioned approval of the Consent Agenda as amended. Councilor McDevitt seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor McDevitt motioned to adjourn the meeting. Councilor Cuny seconded the motion. The meeting adjourned at 5:40 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting March 12, 2002 FINANCIAL MATTERS March 26, 2002 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update I Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:315/02 For: February, 2002 Pagel of 1 Permit Purpose: Expand Commercial/Industrial Public: Bld Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $10,000.00 # of Bldgs: # of Units: Permit Charges: $299.06 Permit Purpose: Repair/Remodel Comm/Indust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $56,849.00 # of Bldgs: # of Units: Permit Charges: $1,464.56 Permit Purpose: Repair/Remodel MF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 2 Construction Value: $5,200.00 # of Bldgs: # of Units: Permit Charges: $790.75 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 5 Construction Value: $72,049.00 # of Bldgs: # of Units: Permit Charges: $2,554.37 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2002 Purchaser Name January Balance Forward Randall Geuerriero ATS Joint Venture Christensen Espasas Ghee Havlik Lenstom Title Company of the Rockies Williams Kennedy Title Company of the Rockies Title Company of the Rockies Hanssen Courtney Robinson Lee Perez/Pulverm Martinez/Ballard Brown Underwood Title Company of the Rockies Title Company of the Rockies Van Eldik Murphy Bird Peternell Amount of RETT Property Received $57,700.70 150 E. BC Blvd, Avon Plaza Condos, Unit B2C 5,200.00 0030 Benchmark Rd, Avon Town Sq, Unit 104 2,580.00 Chapel Square, Unit BR222, Bldg B 4,200.00 Ridgepoint Condos, Unit 202 9,700.00 Christie Lodge Timeshare Unit 345, Bldg 7 45.00 Sunridge Condos, Unit 304, Bldg A 3,191.60 Christie Lodge Timeshare Unit 107, Bldg 1 6.00 Mtn Vista #43 10,461.00 0360 Benchmark Rd, Avon Lake Villas, Unit 1, 1,640.00 Eaglebend Res Lot 6, Garage J 5,937.00 Mtn Vista #44 13,853.20 Mtn Vista #42 13,256.10 Bristol Pines Townhomes, Lot 21 1,000.00 Buck Creek Condos, Unit 230A 482.00 Christie Lodge Timeshare, Unit 211, Bldg 1 45.00 Falcon Pointe Timeshare, Unit 509 419.90 Christie Lodge Timeshares, Units 166/182 371.20 Christie Lodge Timeshares, Units 261/409 384.61 2649 Bear Trap, Lot 33, Block 2 WR 1,800.00 Nottingham Station Lot 5 2,222.00 Christie Lodge Timeshares 896.00 Mtn Vista #45 10,476.60 5391A Ferret Lane, Lot 70A, Block 4 WR 8,940.00 Christie Lodge Timeshare, Unit 276, Bldg 5 50.00 0380 Benchmark Rd, Avon Lake Villas, Unit 1 4,900.00 Mtn Star, Lot 60 64,000.00 $223,757.91 Total through February 223,757.91 Total through January ($57,700.70) Total February Receipts 166,057.21 1 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 001-01% Change Change Change Change January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% February 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% March 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% April 310,197.72 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% May 249,079.90 3.35% 265,405.35 6.55% 286,191.36 7.83% 317,331.11 10.88% June 337,562.03 7.81% 395,755.68 17.24% 398,869.89 0.79% 393,695.61 -1.30% July 370,086.73 4.81% 395,954.38 6.99% 415,978.51 5.06% 434,867.02 4.54% August 363,110.96 7.39% 366,648.94 0.97% 400,447.52 9.22% 421,012.61 5.14% September 333,508.38 4.41% 364,432.54 9.27% 375,400.90 3.01% 356,264.03 -5.10% October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% YTD Total 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 4,890,141.56 4.36% YTD Through January Collections 1998-2002 420,000.00 410,000.00 400, 000.00 390,000.00 380,000.00 370,000.00 360,000.00 350,000.00 340,000.00 330,000.00 2002 01'-02% Total5-Yr Change % lncrep" 411,790.30 0.88% 8.53% - -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100,00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% -100.00% 411,790.30 0.88% 8.53% Year Monthly Collections for January 1998-2002 420,000.00 410,000.00 400,000.00 390,000.00 380,000.00 370,000.00 360,000.00 350,000.00 340,000.00 330,000.00 1998 1999 2000 2001 2002 1998 1999 2000 2001 2002 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 98'-99% 2000 99'-00'% 2001 00'-01'% 2002 01'-02'% Total5-Yr Change Change Change Change Change % Increase January 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% February 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% - -100.00% -100.00% March 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% -100.00% -100.00% April 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% -100.00% -100.00% May 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% - -100.00% -100.00% June 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% -100.00% -100.00% July 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% -100.00% -100.00% August 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% -100.00% -100.00% September 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% -100.00% -100.00% October 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% - -100.00% -100.00% November 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00% December 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% -100.00% -100.00% YTD Total 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 33,569.05 -6.53% -14.71% YTD Through January Collections 1998-2002 45,000.00 40,000.00 35,000.00 30,000.00 25,000.00 20,000.00 15,000.00 10,000.00 5,000.00 Monthly Collections for January 1998-2002 45,000.00 - 40,000.00 - 35,000.00 30,000.00 25,000.00 20,000.00 15,000.00 10,000.00 5,000.00 1998 1999 2000 2001 2002 Year 1998 1999 2000 2001 2002 4 Avon Recreation Department • Memo March I6, 2002 G To: Meryl Jacobs C? From: Julie Kessenich b I RE: Salute to the USA Summary Attached please find the two copies of the Contract between Western Enterprise and the Town of Avon for pyrotechnic production at the Salute to the USA. They have been the provider for fireworks for many years and the have always provided a spectacular show. Recommendation I recommend that Council approve and sign the attached contract for fire works service at Salute to the USA in the amount of 48,700.00. 0 • Town of Avon • P.O. Box 975 • Avon, CO 81620 . 970-748-4032 FIREWORKS PRODUCTION CONTRACT 40 1 of 3 1. This Contract is entered into this day of , 20 by and between WESTERN ENTERPRISES, INC., designated herein as the "SELLER", and TOWN OF AVON, designated herein as the "PURCHASER" for a fireworks production to be held on JULY 4, 2002. 2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal, State or Local laws that might be applicable. 3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks display for any "duds" or other material which might not have ignited. Any such material found by any person other than the Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe keeping or disposal of said material. 4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on-site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display. 5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys, representatives, agents, or employees. 6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attomevs, • agents, employees, representatives, insurers, and self-insurance pool from and against all liability, claims, and demands on account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in whole in or part by, the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or of any employee of any subcontractor of the SELLER The SELLER agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 7. Insurance a. General• The SELLER shall not commence work under this Contract until it has obtained all insurance required herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Contract, the SELLER must maintain the insurance coverage required in this section. b. Insurance. (1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts, duration, or types. 0 2of3 (2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the SELLER herein. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (a) Workers' compensation insurance to cover obligation imposed by applicable laws for any employee engaged in the performance of work under this Contract, and employers liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self-insured status may be substituted for the workers' compensation requirements of this paragraph. (b) General liability insurance with minimum, combined single limits of FIVE MILLION DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall also include coverage for explosion and shall contain a severability of interests provision. (c) Comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S owned, hired, or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. (i) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely responsible for any deductible losses under any policy required by the PURCHASER. (4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S Recreation Director. (5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER (6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 3of3 (7) The parties hereto understand and agree that the PURCHASER is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 at sW, 10 C.R.S., as from time to time amended, or otherwise available to the Purchaser, its officers, or employees. 8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ($48,700.00) to be paid within fifteen (15) days after the date of display. If payment is made in full by April 15, 2002 a five percent (5%) discount will apply. That discount can be deducted from the total contract price, or the PURCHASER may elect to receive that mount of extra pyrotechnic product in lieu of the discount. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER Thirty percent (30%) of the cost of the display ($14,610.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount paid, less the 30% mentioned above. 10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of 20 WESTERN ENTERPRISES, INS. SELLER BY: authorized agent TOWN OF AVON PURCHASER BY: authorized agent • is • WESTERN ENTERPRISES, INC. • • • February 19, 2002 TOWN OF AVON Ms. Julie Kessenich AVON, COLORADO TOWN OFAVON JULY 4, 2002 P.O. Box 975 Avon, CO 81620 * * * PYROTECHNIC PRODUCTION * * * As a beginning declaration, the following program proposal details a combination of the very best pyrotechnic products available anywhere. All ideas, concepts and itemized product listing in this proposal are deemed confidential, intended solely for the client's review, and should not be disseminated to anyone other than the client. Western Enterprises, Inc. is honored to have the opportunity to submit this pyrotechnic production program for the "TOWN OFA VON SALUTES THE USA" 4TH OF JULY SPECTACULAR! We recognize the importance of this significant event to the TOWN OFAVON, which is scheduled to be staged at the Nottingham Lake Park. Western Enterprises, Inc. has be privileged to be a participating Sponsor for this prestigious event for many years and it is with honor that we are committed to staging an evening of pyrotechnic "magic" for your audience. The upcoming 4th of July Fireworks Production for 2002 promised to be very emotional, a 4th of July with strong meaning and purpose, especially considering everything that has taken place from the events on September 11th. And so it seems that the traditional slogan for Avon's 4th of July production; "A VON SALUTES THE USA" simply says it all for this year's theme. Western Enterprises, Inc. has catalogued a vast library of distinctive patriotic music in our music studio and it would be our pleasure to assist your committee with any music resources we have available. This year has also enabled our manufacturing division, Skyworks, Ltd to produce a strong contingent of distinctive aerial effects of Red, White and Blue---many of which are quite unique and unlike anything we have ever before produced. And so we are very excited about the prospect of blending these special pyrotechnic effects together into a virtual "Patriotic Symphony in the Sky". We look forward with great pride to helping facilitate the 4th of July fireworks production for the TOWN OF AVON. E Creati.n;; The Spectrum of Pyrotechnic Production Excellence P (1 Rnv 611 • farrier. Oklahnma 7177.7 • (4;9I)I R??_7.7.111 • Fav (CRIII Rt?_771K . N._M?il wni0pniil rnm TO: JULIE KESSENICH EVENT: AVON, COLORADO SALUTES THE U.S.A. DATE: JULY 4, 2002 • PAGE: TWO This program details a wide variety of pyrotechnic aerial shells from around the world that will be staged for your production, including some from the very best---the JFAA (Japan Fireworks Artists Association). These world class fireworks artisans comprise the upper echelon of Japan's elite pyrotechnic grand masters. Because it takes a tremendous amount of time to artistically design and choreograph the pyrotechnics to a musical score, we strongly urge your committee to begin a dialogue as soon as possible with your local Radio Sponsor to determine the music selections for your production. After your music has been selected, the pyrotechnic choreographer will then design the pyrotechnics around your special musical score. Color combinations and effects have to be blended together to match the music. Each and every shell is "back-timed" on the command track of the tape, which means that every aerial shell must be launched into the sky at a specific moment, so that it will actually break in the sky precisely at the intended moment during the music. This ensures the synchronization of the pyrotechnics to the music. Your signature "GRAND AERIAL FINALE" provides the most dramatic portion of your entire performance, because you "save your best until the last"! Your finale will include a tremendous barrage of Heavy Reporting Bombs, followed by a barrage of Red Oriental Flower Shells, followed by a barrage of White Oriental Flower Shells, followed by a barrage of Blue Oriental Flower Shells, which is ultimately climaxed by the luxurious cascading of Golden Brocade Kimuro Mums, which drape across the sky to bring a thrilling conclusion to the 2002 TOWN OFA VON SALUTES THE USA 4TH OF JULY FIREWORKS SPECTACULAR! "The sky provides the pyrotechnician's canvas, and our art form is best expressed by how we portray ourselves in the stars" 0 0 TO: JULIE KESSENICH EVENT: AVON, COLORADO SALUTES THE U.S.A. . DATE: JULY 4, 2002 PAGE: THREE ITEMIZED PRODUCT LISTING AMERICAN FLAG (Ground Display, 15'x 25') NO CHARGE 3 - 200-SHOT COLORFUL WHIRLWIND BARRAGES (600 Sky wheels with Green Mag Stars) 4 - 200-SHOT STROBING THUNDER SALUTE BARRAGES (800 heavy reports) 3 - 150-SHOT PURPLE CRACKLING CROSSETTE BARRAGES (450 silver tailed projectiles) 3 - 150-SHOT GREEN CRACKLING CROSSETTE BARRAGES (450 - Green Splitting Crossettes) 3 - 150-SHOT SILVER CROSSETTE BARRAGES (450 - Silver splitting Crossettes) 3 - 150-SHOT GOLDEN CROSSETTE BARRAGES (450 - Multi-Color Star Shells) 3 - 150-SHOT HAPPY CRACKLING GOLD & SILVER BARRAGES (450 - Gold, Silver & Crackling Report Shells) 3 - 150-SHOT RED CRACKLING CROSSETTE BARRAGES,(450 - Red Crackling Stars) 3 - 150-SHOT SILVER CRACKLING STAR BARRAGES (450 - Silver Crackling Stars) 3 150=SHOT BLUE CRACKLING BARRAGES (450 - Blue Crackling-Stars) 3 - 150-SHOT SILVER TIGER TAILS (450 - Silver Comets) 3 - l Ox8's COLOR WILLOW & WHITE STROBE MINE (New or 2002.240 shells) 3 - 300-SHOT BLUE TAIL & RED CROSSETTES ('""for 2002.900 shells) 3 - 100-SHOT COLOR SCATTER (New,for 2002, 300 shells) 2 - 250-SHOT BROCADE CROWN (for 2002. 500 Shells) 2 - 250-SHOT SILVER CROWN (Newt or 2002.500 Shells) 3 - 144-SHOT SILVER COMET AT ANGLE & SILVER MUM (New far 2002, 432 Shells) 3 - 144-SHOT GOLD COMET AT ANGLE & GOLD MUM (New or 2002, 432 Shells) 3 - 144-SHOT CRACKLING COMET AT ANGLE AND PEONY (New for 2002, 432 Shells) 9 - 45mm RED TAIL CANDLES 9 - 45mm BLUE TAIL CANDLES ` 9 - 45mm SILVER TAIL CANDLES 9 - 45mm SILVER CROSSETTE CANDLES 9 - 45mm GOLD CROSSETTE CANDLES 9 - 45mm BEES MINE CANDLES 6 - 60mm WHITE TWINKLING CANDLES • 10 - LARGE BORE SILVER GERB FOUNTAINS 30 - 5-SHOT SKYWORKS COMET FANS (1" STAR) TO: JULIE KESSENICH EVENT: AVON, COLORADO SALUTES THE U.S.A. DATE: JULY 4, 2002 PAGE: FOUR GRAND AERIAL FINALES (830 shells) 15 - 10/3" Aerial Bomb Chain Finales (150 - heavy salutes) 24 - 10/2.5" COLOR CHAINS (240 Oriental Flower Shells consisting of, 60 Red, 60 White, 60 Blue and 60 Gold) 30 - 10/3" COLOR CHAINS (300 Oriental Flower Shells consisting of 60 Red, 90 Silver, 60 Blue and 90 Gold) 20 - 5/4" COLOR CHAINS (100 Oriental Flower Shells, consisting of 20 Red, 20 Blue, 30 Brocade and 30 Silver) 40 - 5" COLOR CHRYSANTHEMUMS (40 - Oriental Flower Shells, consisting of 10 Red, 10 Blue, 10 Silver Kimuro and 10 Brocades) 80 - MINE BAGS (Assorted: Color Changing and Solid Color Combinations) 25 - Fish & Whistles (serpentine & whistles) 25 - Serpent & Star (serpentine & stars) 25 - Whistle & Stars (whistling & stars) 100 - Chrysanthemum or Peony (assorted Oriental flower patterns) 200 - Column Comets (30 each, Red, Green, Silver, Gold & Yellow) 50 - Pattern Shells (Consisting of Willows, Brocades, Strobes, Kimuros, Palm Trees, Etc.) 50 - Skyworks Specials (Consisting of Red Cascade Plumes, Blue Cascade Plumes, White Strobe Cascade Plumes, Go-Getters, Crackling Flowers, etc.) FOUR INCH SHELLS (430 shells) • • 30 - Fancy & Color Star Shells (Consisting of Ruby, Emerald, Pearl, Yellow, Sapphire, Purple and Aqua with aluminum and titanium combinations) 15 - Magnesium Crackling Coconut Shells (New for 2002) 20 - Skyworks Mag Tip Brocades (New for 2002, Golden Silk drapes to Magnesium Tip) 20 - Colored Palm Tree (silver, gold, red or green stream breaks into colored palm branches) 10 - Fish & Whistles (whistling & serpentine effects) 10 - Tourbillions w/pistils 20 - Color Crossettes (New for 2002, Red, White, Blue, Silver & Gold Splitting Comet branches) • 10 - WHISTLE MINE BAGS 10 - COLORED BEES (New for 2002, Skyworks Special) TO: EVENT: DATE: PAGE: JULIE KESSENICH AVON, COLORADO SALUTES THE U.S.A. JULY 4, 2002 FIVE FOUR INCH SHELLS (Continued) 10 - RED TO WHITE TO BLUE MINES (New for 2002, Skyworks Mines) 10 - Blue w/Glittering Palm Core (New for 2002, Blue Peony w/twinkling strobe palm pistils) 10 - Red w/Glittering Palm Core (New for 2002, Red Peony w/twinkling strobe palm pistils) 15 - Color Strobes (Red, Green, Purple twinkling intermittent lights) 75 - Oriental Flower Patterns (Consisting of Peony, Chrysanthemums & Dahlias) 25 - Skyworks Plume Shells (New for 2002, Cascading Red, White, Blue, Purple, Gold & Silver, and variegated plume effects) 10 - Charcoal Weeping Golden Willow (Mosaic tree pattern) 15 - Titanium Flower Reports (3 timed titanium reports in bloom) 10 - Midnight Snow (Red w/ white strobes) 15 - Silk Brocade Plumes to Color Tips (New for 2002, Heavy draping golden silk to Mag-tip colors) 10 - Red Ring wBlue Pistils (New for 2002) 10 - Blue Ring w/Red Pistils (New for 2002) 10 - Silver Brocade Willow (Skyworks Special, Soft breaking Flower) 10 - Variegated Jewel Flower (Ruby, Emerald, Pearl, Golden Strobe) 4010 - Circle Shells (Perfect rings in sky) 10 - Double Circles (Two Circles in Sky) 10 - Meteor Comet Shells (Long duration, large star shells) 10 - Half Blue/Half Silver Chrysanthemums - 10 - Half Red/Half Silver Chrysanthemums FIVE INCH SHELLS (340 shells) 20 - Color Star Shells (color changing combinations) 20 - Fancy Star Shells (flitter, magnesium & aluminum combinations) 10 - GOLDEN RAIN CROSSETTE (Vulcan) 10 - SILVER RAIN CROSSETTE (Vulcan) 10 - SKYWORKS CROSSETTE (splitting comet arms) 40 - Color Changing Chrysanthemum & Peony (Chinese Oriental patterns) 5 - Circles (perfect ring in sky) 5 - Double Circles (2 interlocking circles in sky) 5 - Saturn Shells (Planet Saturn) 5 - Crackling Gold Wave Star Shells (Gold Crackling Flower) 10 - Colored Palm Tree (Silver, Red, Gold & Green tails break into colored Palm Branches) 5 - Meteor Comet Shells_(long duration, large stars) 10 - Half Red/Half Blue Chrysanthemum w/strobe pistils 10 - Blue Magnesium Peony w/white strobe pistils (Flower w/ strobing pistils) IS 10 - Red Magnesium Peony w/white strobe pistils 10 - Color Strobes (Red, White, & Green) TO: JULIE KESSENICH EVENT: AVON, COLORADO SALUTES THE U.S.A. DATE: JULY 4, 2002 • PAGE: SIX FIVE INCH SHELLS (Continued) 5 - Titanium Flower Report (5 blooming flowers reporting) 10 - Five Pointed Star Patterns 5 - Silver to Crackling Chrysanthemum 10 - Magnesium Crackling Coconut Shells (New for 2002) 5 - Butterfly Pattern 5 Red to Crackling Chrysanthemum 5 - Blue to Crackling Chrysanthemum 5 - Kamuro Brocade Chrysanthemum w/rising tail (JFAA SPECIALS) 5 - Variegated Willow Peony (Ruby, Emerald, Pearl and Gold Strobe) 5 - Tourbillions 5 - COLOR TO BROCADES (Vulcan color change to Brocades) 5 - Spangle Mum w/strobe pistils 10 - Jeweled Brocades (Skyworks Brocades to Colors; purple, blue, red, green) 15 - Brocade Plumes to Mag Tip (New for 2002, Golden silk draping plumes to Mag tips) 10 - Red Ring w/Blue Pistils (New for 2002) 10 - Blue Ring w/Red Pistils (New for 2002) • 10 - Blue w/Glittering Palm Core (New for 2002, Blue Peony w/twinkling strobe palm pistils) 10 - Red w/Glittering Palm Core (New for 2002, Red Peony w/twinkling strobe palm pistils) 10 - Heart Patterns (Red hearts break in sky) 10 - Red to White to Blue Mines (New for 2002, Skyworks special made Mines) All necessary mortars, racks, firing boxes, electronic firing systems, and splitters, etc. are supplied with this program, and are the property of WESTERN ENTERPRISES, INC. $5,000,000 Property Damage & Bodily Injury, Broad Form, Contractual and Completed Operations (Additional insureds included) Colorado State Worker's Compensation coverage on all technicians $5,000,000 Truck Coverage (Federal DOT requirement) TOTAL CONTRACT PRICE - $48,700.00 0 Memo March 19, 2002 To: Meryl Jacobs From: Julie Kessenich V RE: Contract for Noah's Ark Petting Zoo s Summary Attached please find the agreement between Noah's Ark Petting Zoo and Pony Rides, Inc. and the Town of Avon for having petting zoo services for March 30, 2002. Recommendation I recommend that Council approve and sign the attached agreement for Petting Zoo services in the amount of $650.00 Town of Avon 9 P.O. Box 975 9 Avon, CO 81620.970-748-4032 Noah's Ark Petting Zoo & Pony Rides, Inc. Phone: 303/646-3932 8330 Country Circle Fax :303/646-0286 Elizabeth, Co. 80107 E-Mail: info@noahszoo.com Date of Event: Event Name: Location: Contact: R-an Moreno ?Okle- Address: P.O. Box 975 City/State: Avon, Co. Phone: Noah's Ark agrees to provide "Noah's Ark Petting Zoo" free admission exhibit for this event with the following requirements: 1. Sponsor agrees to provide the following exhibit area at no cost to Noah's Ark A. indoor space on a reasonably level surface equal to the agreed upon petting zoo dimensions. Noah's Ark to provide all tarps, animal bedding and feed required. X B. outdoor space on a reasonably level surface equal to the agreed upon petting zoo dimensions. Noah's Ark to provide all tents, animal bedding and feed required. _ 20' X 20' Petting Zoo 20' X 30' Petting Zoo _ 20' X 40' Petting Zoo _ 20' X 60' Petting Zoo 2. Sponsor agrees to provide the following electrical, water and trash requirements at no cost to Noah's Ark: _ A. Two 110 Volt outlets _ B. Four 110 Volt outlets _ C. Six 110 Volt outlets X_ D. Full access to water hookups within 100' of the petting zoo E. Full access to trash receptacles within 100' of the petting zoo Contract March 30, 2002 Easter at Avon 970-778-4056 Page 2 3. Sponsor agrees to provide the following parking and admission requirements at no cost to Noah's Ark: _ A. RV Parking space for one 35' travel trailer with electric, water and sewage hookups. This site must be located as close as possible to the exhibit area. X_ B. Parking space for one 24' horse trailer. This equipment must be located adjacent to the exhibit at all times. C. Two permits/passes for passenger/cargo entry into parking lots and exhibit areas. D. Admission tickets/passes for all petting zoo staff for each day of the scheduled event. 4. Sponsor agrees to have exhibit site available to Noah's Ark for the following setup requirements: _ A. Indoor setup: _day/days prior to opening day. _ B. Outdoor setup:_day/days prior to opening day. X C. Day of the event 5. Sponsor agrees to allow Noah's Ark at no cost to include an area within the exhibit space for the purpose of selling animal feed and animal related items. 6. Hours of operation: Noah's Ark agrees to operate the exhibit using the same schedule as published for the event unless otherwise noted. X Weekday hours of operation Weekend hours of operation l Oam to 12 pm Special promotion days, hours of operation 7. Sponsor agrees to pay Noah's Ark the following fee for each day of the scheduled event: Exhibit rate per day : $650.00 Number of days _1_ Total amount due : $650.00 8. Sponsor agrees to at no cost to include and area for Noah's Ark Pony Rides to set up and operate with the following space requirements: X_ A. Not Applicable B. 40' X 40' space _ C. 30'X 30' space Noah's Ark agrees to provide pony rides at a fee to the public, and at no cost to the sponsor. The pony ride hours will correspond with the hours of the petting zoo up until 9 pm unless otherwise agreed upon by both parties. Page 3 9. In the event of severe weather or any situation beyond Noah's Ark's control that may result in closure of this event for any amount of time, the sponsor agrees to provide full payment at the above rate. Payment is due immediately upon completion of the event. 10. Town of Avon to provide hotel accommodations for Friday night 3/29/02 President Noah's Ark 84-1500602_ Tax Payor ID Date sponsoring Organization PC, PPo c`-=, CkOov-a Address QiV-nae/Title Date Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Managert n- From: Scott Wright, Finance Director .?- - Date: March 21, 2002 Re: Resolution 02-18, Budget Amendment Summa n?: A budget amendment is proposed to the following funds: General Fund. A budget amendment is proposed to the 2002 General Fund Budget for various items as identified below: ¦ $50,000 additional appropriation for Bravo. ¦ $12,000 for patrol overtime. This appropriation is offset by the $12,000 LEAF Grant award. ¦ $3,900 for PDAs and digital cameras for patrol. This appropriation is offset by the Colorado Rural Law Enforcement Grant award. ¦ $5,000 for Police Investigator On Call pay. ¦ $9,984 for reclassification of one Patrol Officer to Sergeant. ¦ $46,630 for a Maintenance Worker II position for Facilities Maintenance. This position should have been included in the original 2002 budget. ¦ $196,802 decrease in sales tax revenues. The 2001 sales tax revenues upon which the 2002 revenues were based came in 1.64% under projections, prompting an adjustment of 2002 estimated revenues. In addition, based upon the Town's sales tax growth over the past 4 years, the 6% growth projection over 2001 has been revised to reflect a 5% increase. ¦ $50,000 increase in revenues for charges for services for maintenance at Sherwood Meadows and municipal services performed at the Village. Water Fund. A budget amendment is proposed to the 2002 Water Fund in the amount of $49,000. Attached is a memorandum from Norm Wood explaining the changes to the original budget. Page 1 Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 02-18 B - Memo from Norm Wood 0 Page 2 RESOLUTION NO. 02-18 SERIES OF 2002 A RESOLUTION TO AMEND THE 2002 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2002 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 adopted the 2002 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2002; and WHEREAS, the Town Council finds it necessary to amend the 2002 budget to more accurately reflect the revenues and expenditures for 2002; 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 2002: Original or Previously Amended 2002 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 Current Proposed Amended 2002 Budget $ 3,528,522 9,956,087 10,269,557 3,215,052 1 Original or Previously Amended 2002 Budget Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,319,929 457,500 416,612 Ending Fund Balance Current Proposed Amended 2002 Budget $ 2,319,929 457,500 465,612 $ 2,360,817 2,311,817 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 Town Manager and made part of the public record of the Town. ADOPTED this 26t' day of March 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk 2 General Fund #10 Amended Budget #1 Fund Summary REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2000 2001 2002 2002 (Decrease) $ 6,497,103 $ 6,528,606 $ 7,084,748 $ 6,891,946 $ (192,802) 498,904 291,447 343,500 343,500 - 562,325 582,504 595,922 611,822 15,900 1,389,605 1,278,003 1,505,144 1,555,144 50,000 46,873 56,675 58,675 58,675 - 425,000 375,000 275,000 275,000 - 727,556 318,000 205,000 205,000 - 10,147,366 9,430,235 10,067,989 9,941,087 (126,902) 30,141 147,000 15,000 15,000 - $ 10,177,507 $ 9,577,235 $ 10,082,989 $ 9,956,087 $ (126,902) $ 2,257,771 $ 2,059,031 $ 1,994,769 $ 2,044,769 $ 50,000 608,175 635,584 564,836 564,836 - 1,467,980 1,696,219 1,578,310 1,609,194 30,884 2,374,943 2,684,069 2,466,010 2,512,640 46,630 2,056,555 2,255,412 2,204,385 2,204,385 - 8,765,424 9,330,315 8,808,310 8,935,824 127,514 Transfers-Out to Mall Maintenance 35,000 25,000 25,000 25,000 Transfers-Out to Fire Operations 294,333 - - - - Transfers-Out to Debt Service 399,890 450,000 450,000 450,000 - Transfers-Out to Finance Authority 115,892 135,015 133,733 133,733 - Transfers-Out to Transit 474,232 900,000 600,000 600,000 - Transfers-Out to Sherwood Meadows 13,725 160,000 125,000 125,000 - Total Other Uses 1,333,072 1,670,015 1,333,733 1,333,733 - TOTAL EXPENDITURES 10,098,496 11,000,330 10,142,043 10,269,557 127,514 NET SOURCE (USE) OF FUNDS 79,011 (1,423,095) (59,054) (313,470) (254,416) FUND BALANCES, Beginning of Year 4,872,606 4,951,617 3,528,522 3,528,522 - FUND BALANCES, End of Year $ 4,951,617 $ 3,528,522 $ 3,469,468 $ 3,215,052 $ (254,416) Page 1 General Fund Amended Budget #1 Revenue Detail? Account Actual Number Description 2000 Taxes: Original or Current Prev. Amend. Proposed Difference Budget Budget Amendment Increase 2001 2002 2002 (Decrease) 51101 General Property Tax $ 1,317,379 $ 1,074,921 $ 1,252,547 $ 1,252,547 $ - 51102 General Property Tax - Delinquent Collections - 250 250 250 - 51103 General Property Tax - Interest - 1,500 1,500 1,500 - 51201 Specific Ownership Tax 205,030 195,000 205,000 205,000 - 51301 Sales Tax 4,685,788 4,966,935 5,327,451 5,134,649 (192,802) 51302 Utility Tax 70,094 70,000 75,000 75,000 - 51304 Penalties and Interest 10,581 10,000 10,000 10,000 - 51402 Franchise Fees 208,231 210,000 213,000 213,000 - 51000 Total Taxes 6,497,103 6,528,606 7,084,748 6,891,946 (192,802) Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52202 Electrical Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53101 COPS 53103 Federal Drug Forfeiture Funds 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants 4,728 4,500 4,500 4,500 - 17,761 21,000 21,000 21,000 - 15,199 17,500 17,500 17,500 - 323,179 150,000 225,000 225,000 - 47,707 4,947 - - - 33,767 30,000 29,000 29,000 - 39,195 35,000 33,000 33,000 - 4,545 3,500 3,500 3,500 - 12,823 25,000 10,000 10,000 - 498,904 291,447 343,500 343,500 - 9,254 - - - - - 1,408 - - - 850 - 9,254 2,258 - - - 10,100 7,500 - 15,900 15,900 10,100 7,500 - 15,900 15,900 State/County Shared Revenue: 53301 Conservation Trust 25,316 23,500 24,500 24,500 53302 Motor Vehicle Registration 20,764 20,000 20,000 20,000 53303 Highway User's Tax 157,005 165,516 167,953 167,953 53304 Cigarette Tax 44,872 40,080 45,000 45,000 53305 County Sales Tax 190,758 213,650 226,469 226,469 53306 Road & Bridge Fund 104,256 110,000 112,000 112,000 Subtotal: Shared Revenue 542,971 572,746 595,922 595,922 Page 2 General Fund Amended Budget #1 Revenue Deta il' Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2000 2001 2002 2002 (Decrease) 53000 Total Intergovernmental 562,325 582,504 595,922 611,822 15,900 Charges for Services: General Government: 54101 Sale of Map and Publications 386 500 500 500 - 54102 Photocopying Charges 1,471 1,500 1,500 1,500 - 54103 License Hearing Fees - 100 100 100 - 54104 Other Fees and Charges 250 250 250 250 - 54201 Plan Check Fees 216,907 110,000 182,000 182,000 - 54202 Subdivision Review Fees 3,580 5,000 55,000 55,000 - 54203 Design Review Fees 17,271 15,000 15,000 15,000 - 54204 Animal Control Fees 1,185 1,100 1,200 1,200 - 54205 Abatement Services - 1,120 1,200 1,200 - 54301 Police Reports 1,002 750 750 750 - 54302 Police Contract Services 6,543 6,500 6,750 6,750 - 54303 Fingerprinting Fees 1,285 1,030 1,250 1,250 - 54304 VIN Inspection Fees 13,122 14,000 14,000 14,000 - 54305 Village at Avon Municipal Services - - - 40,000 40,000 54452 Sherwood Meadows Maintenance Chgs - - - 10,000 10,000 Subtotal: General Govern. 263,002 156,850 279,500 329,500 50,000 Recreation Facility: 54601 Admission Fees 839,741 825,000 931,500 931,500 - 54602 Program Fees 46,347 40,000 45,163 45,163 - 54603 Rentals 5,978 4,430 5,001 5,001 - 54604 Merchandise Sales 15,992 23,000 17,730 17,730 - 54605 Childcare 12,952 12,575 13,875 13,875 - 54606 Rec Center Services 9,184 3,500 4,000 4,000 - 54607 Fitness Program Revenues 12,077 15,000 15,250 15,250 - Other Recreation: - 54651 Adult Program Revenues 18,842 20,000 22,500 22,500 - 54652 Cabin Equipment Rentals 41,129 42,000 43,000 43,000 - 54653 Athletic Field Rentals 5,798 4,000 4,000 4,000 - 54654 Cabin Concessions 7,823 7,880 8,000 8,000 - 54655 Youth Program Revenues 65,897 77,500 77,500 77,500 - 54676 Sponsorships 24,645 24,000 20,750 20,750 - 54677 Advertisements 3,730 3,600 3,600 3,600 - 54678 Event Fees 16,468 18,668 13,775 13,775 - Subtotal: Recreation 1,126,603 1,121,153 1,225,644 1,225,644 - 54000 Total Charges for Services 1,389,605 1,278,003 1,505,144 1,555,144 50,000 Page 3 General Fund Amended Budget #1 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2000 2001 2002 2002 (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 12,183 55102 Court Fines - Criminal 26,093 55103 Court Fines - Parking 5,039 55104 Court Fines - General 392 55105 Court Costs 2,991 55106 Jury Fees 175 55107 Bond Forfeitures - 55108 Miscellaneous Court Revenues - 55000 Total Fines and Forfeitures Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58201 Lease of Town-Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues Other Sources: 59101 Sales of Fixed Assets 59201 Transfer-In From Capital Projects Fund 59303 Capital Lease Proceeds 59000 Total Other Sources 50000 TOTAL REVENUES 46,873 20,000 20,000 20,000 - 28,000 30,000 30,000 - 5,000 5,000 5,000 - 250 250 250 - 3,000 3,000 3,000 - 200 200 200 - 200 200 200 - 25 25 25 - 56,675 58,675 58,675 - 425,000 375,000 275,000 275,000 - 425,000 375,000 275,000 275,000 - 162,287 160,000 80,000 80,000 - 123,355 33,000 - - - 441,914 125,000 125,000 125,000 - 727,556 -318,000 205,000 - 205,000 - 4,046 20,000 15,000 15,000 - - 100,000 - - - 26,095 27,000 - - - 30,141 147,000 15,000 15,000 - $ 10,177,507 $ 9,577,235 $ 10,082,989 $ 9,956,087 $ (126,902) Page 4 General Fund Amended Budget #1 Department Expenditure Summaries Original or Current Prev. Amend. Proposed Difference Dept./Div. Actual Budget Budget Amendment Increase Number Description 2000 2001 2002 2002 (Decrease) General Government: Legislative: 111 Mayor and Town Council $ 97,271 $ 90,868 $ 101,138 $ 101,138 $ - 112 Boards and Commissions 11,534 21,092 16,695 16,695 - 113 Town Attorney 107,701 121,061 124,397 124,397 - 114 Public Relations 611,087 270,150 228,500 278,500 50,000 115 Town Clerk 66,601 69,592 85,691 85,691 - Total Legislative 894,194 572,763 556,421 606,421 50,000 Judicial: 121 Municipal Court 48,195 52,159 54,403 54,403 -- Executive: 131 Town Manager 245,927 288,766 311,140 311,140 - 132 Human Resources 157,481 140,272 155,765 155,765 - Total Executive 403,408 429,038 466,905 466,905 - Finance Department: 141 Finance 372,154 570,303 462,555 462,555 - 142 Information Systems 152,788 152,253 165,979 165,979 - 149 Nondepartmental 387,032 282,515 288,506 288,506 - Total Financial Administration 911,974 1,005,071 917,040 917,040 -- Total General Government 2,257,771 2,059,031 1,994,769 2,044,769 50,000 Community Development: 211 Administration 237,012 221,383 160,022 160,022 - 212 Planning 116,401 122,086 129,410 129,410 - 213 Building Inspection 254,762 292,115 275,404 275,404 - Total Community Development 608,175 635,584 564,836 564,836 - Police Department: 311 Administration 321,702 342,507 330,179 330,179 - 312 Patrol 955,606 1,188,000 1,092,746 1,118,630 25,884 313 Investigations 63,939 84,502 73,853 78,853 5,000 314 Community Policing 57,382 - - - - 315 Neighborhood Services 69,351 81,210 81,532 81,532 - Total Police 1,467,980 1,696,219 1,578,310 1,609,194 30,884 Page 5 General Fund Amended Budget #1 Original or Current Prev. Amend. Proposed Difference Dept./Div. Actual Budget Budget Amendment Increase Number Description 2000 2001 2002 2002 (Decrease) Public Works: 411 Administration 191,608 160,056 151,164 151,164 - 412 Engineering 166,235 185,962 243,231 243,231 - 413 Roads and Streets 840,654 1,026,732 830,634 830,634 - 414 Facilities Maintenance 303,634 387,810 418,179 464,809 46,630 415 Parks 872,812 923,509 822,802 822,802 - Total Public Works 2,374,943 2,684,069 2,466,010 2,512,640 46,630 Recreation and Culture: 513 Special Events 251,546 280,609 231,199 231,199 - 514 Administration 354,609 366,920 350,635 350,635 - 515 Adult Programs 104,715 127,615 130,432 130,432 - 516 Aquatics 339,494 375,546 396,240 396,240 - 517 Childcare 61,720 72,390 74,233 74,233 - 518 Fitness 120,408 149,833 148,597 148,597 - 519 Front Desk 227,710 247,572 252,267 252,267 - 520 Maintenance 505,482 538,010 520,688 520,688 - 521 Youth Programs 90,871 96,917 100,094 100,094 - Total Recreation and Culture 2,056,555 2,255,412 2,204,385 2,204,385 - TOTAL OPERATING EXPENDITURES $ 8,765,424 $ 9,330,315 $ 8,808,310 $ 8,935,824 $ 127,514 Page 6 Town of Avon Line Item Detail Function: General Government/Legislative #110 Department: N/A Program: Public Relations #114 Account Number ccount Description Actual 2000 Budget 2001 Original or Prev. Amend. Budget 2002 Current Proposed Difference Amendment Increase 2002 (Decrease) Commodities: 62905 Books and Periodicals $ - $ 350 $ 350 $ 350 $ - 62999 Office Supplies and Materials 39 300 535 535 - Total Commodities 39 650 885 885 - Services: 63203 Printing and Reproduction Services 4,515 6,000 2,500 2,500 - 63000 Total Services 4,515 6,000 2,500 2,500 - Other Operating Costs: 64301 Postage and Delivery 3,208 5,500 2,115 2,115 - 64902 Financial Support, Donations, and Contributions 592,138 245,000 210,000 260,000 50,000 64904 Operating Fees, Assessments, and Charges 11,187 13,000 13,000 13,000 - 64000 Total Other Operating Costs 606,533 263,500 225,115 275,115 50,000 60000 Total Expenditures $ 611,087 $ 270,150 $ 228,500 $ 278,500 $ 50,000 Page 7 Town of Avon Line Item Detail Function: Public Safety #300 Department: Police #310 Program: Patrol #312 Account Number Account Description Personnel: 61101 Regular Full-time Salaries 61151 Overtime Wages 61205 Uniform and Cleaning Allowance 61301 FT Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2000 2001 2002 2002 (Decrease) $ 442,535 $ 562,242 $ 575,225 $ 583,152 $ 7,927 49,570 49,770 38,000 50,000 12,000 - 1,000 1,690 1,690 - 48,440 61,847 63,278 64,150 872 3,485 2,400 3,550 3,550 - 262 312 312 312 - 7,118 8,805 8,921 9,036 115 65,310 79,678 75,373 75,373 - 10,122 13,861 16,206 16,452 246 7,233 4,827 5,280 5,280 - 15,652 18,512 19,434 19,434 - 1,492 1,822 1,846 1,870 24 651,219 805,076 809,115 830,299 21,184 Commodities: 62101 Police Operating and Field Supplies 62102 Firearms and Weapons Supplies 62401 Gasoline 62802 Food and Beverage 62804 Training Supplies 62805 Clothing and Uniforms 62806 Safe Materials and Supplies 62807 Consumable or Small Equipment Items 62809 Medical Supplies and 1st Aid 62902 Audio/Visual Supplies 62000 Total Commodities Services: 63199 Other Professional Services 63203 Printing and Reproduction 63505 R&M - Vehicles 63506 R&M - Radios and Communications Equipment 63549 R&M - Other Specialized Equipment 63000 Total Services 5,705 8,200 6,000 9,900 3,900 7,537 9,910 7,500 7,500 - 15,727 13,000 19,149 19,949 800 554 500 500 500 - 246 500 500 500 - 13,606 11,000 12,500 12,500 - 116 1,500 1,500 1,500 - 1,653 2,000 1,500 1,500 - 48 300 400 400 - - 89 1,100 1,100 - 45,192 46,999 50,649 55,349 4,700 147 - - - - 203 - - - - 565 - - - - 615 - - - - 404 500 500 500 - 1,934 500 500 500 - Page 8 Town of Avon Line Item Detail Function: Public Safety #300 Department: Police #310 Program: Patrol #312 Account Number Account Description Other Operating Costs: 64101 Travel and Conference 64102 Dues, Licenses, and Memberships 64103 Mileage Reimbursement 64105 Training 64201 Telephone 64206 Cellular 64401 Fleet Maintenance Charges 64402 Equipment Replacement Charges 64403 Washbay Charges 64904 Operating Fees, Assessments and Charges 64906 Insurance Deductibles 64000 Total Other Operating Costs Capital Outlay: 66402 Computers and Peripherals 66403 Audio and Visual Equipment 66405 Radio and Communications Equipment 66000 Total Capital Outlay 60000 Total Expenditures Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2000 2001 2002 2002 (Decrease) 7,809 6,500 4,875 4,875 - 135 - - - - 69 400 400 400 - 9,380 10,000 8,250 8,250 - 98 - - - - 8,588 6,000 6,000 6,000 - 51,381 66,228 45,985 45,985 - 63,159 124,477 - - - 923 3,120 4,290 4,290 - 114,844 110,000 162,682 162,682 - 875 - - - - 257,261 326,725 232,482 232,482 - - 2,000 - - - - 6,500 - - - - 200 - - - - 8,700 - - - $ 955,606 $ 1,188,000 $ 1,092,746 $ 1,118,630 $ 25,884 Page 9 Town of Avon Line Item Detail Function: Public Safety #300 Department: Police #310 Program: Investigations #313 Account Number Account Description Original or Prev. Amend. Actual Budget Budget 2000 2001 2002 Current Proposed Difference Amendment Increase 2002 (Decrease) Personnel: 61101 Regular Full-time Salaries 61151 Overtime Wages 61153 On Call 61205 Uniform and Cleaning Allowance 61301 FT Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel $ 32,244 $ 41,688 $ 43,787 $ 43,787 $ - 4,846 10,000 6,000 6,000 - - - - 5,000 5,000 - 100 130 130 - 3,489 4,586 4,817 4,817 - - 350 500 500 - 18 24 24 24 - 525 695 740 740 - 5,473 6,880 7,347 7,347 - 920 334 350 350 - 649 435 480 480 - 1,598 1,373 1,479 1,479 - 107 144 152 152 - 49,869 66,609 65,806 70,806 5,000 Commodities: 62101 Police Operating and Field Supplies 1,273 1,200 1,000 1,000 62401 Gasoline 1,600 1,200 610 610 62802 Food and Beverages 130 - - - 62805 Clothing and Uniforms 399 350 200 200 62806 Safety Materials 220 200 200 200 - 62807- Consumable-Tools/Small Equipment 1,088 _1,250 __ __-250 - _-250_ _ 62902 Audio/Visual Supplies 216 100 300 300 62904 Software - - - - 62999 Office Supplies and Materials 331 - - - 62000 Total Commodities 5,257 4,300 2,560 2,560 Services: 63203 Printing and Reproduction Services 63302 Laboratory Services 63303 Photography Services 63504 R&M - Office Equipment 63505 R&M - Vehicles 63609 Rentals - Vehicles 63000 Total Services 108 50 - - - - 100 - - - 220 500 400 400 - - - 300 300 - 212 - - - - 366 - - - - 906 650 700 700 - Page 10 Town of Avon Line Item Detail Function: Public Safety #300 Department: Police #310 Program: Investigations #313 Account Number Account Description Other Operating Costs: 64101 Travel and Conference 64102 Dues, Licenses and Memberships 64105 Training 64206 Cellular and Paging 64401 Fleet Maintenance Charges 64402 Equipment Replacement Charges 64403 Washbay Charges 64000 Total Other Operating Costs Capital Outlay: 66403 AudioNisual Equipment 66000 Total Capital Outlay 60000 Total Expenditures Original or Prev. Amend. Actual Budget Budget 2000 2001 2002 Current Proposed Difference Amendment Increase 2002 (Decrease) 870 - 525 525 - 25 - 100 100 - 135 600 750 750 - 51 - - _ _ 3,692 5,600 3,022 3,022 - 3,066 5,963 - - - 68 780 390 390 - 7,907 12,943 4,787 4,787 $ 63,939 $ 84,502 $ 73,853 $ 78,853 $ 5,000 Page 11 Town of Avon Line Item Detail Function: Public Works #400 Department: Public Works Department #410 Program: Facility Maintenance #414 Account Number ccount Description Actual 2000 Budget 2001 Original or Prev. Amend. Budget 2002 Current Proposed Amendment 2002 Difference Increase (Decrease) Personnel: 61101 Regular Full-time Salaries $ 67,875 $ 102,058 $ 141,267 $ 172,616 $ 31,349 61121 Seasonal/Temporary Wages - 9,800 - - - 61151 Overtime Wages 7,061 3,000 7,600 9,500 1,900 61153 On Call - 7,475 - - - 61301 FT Pension 7,108 11,226 15,539 18,988 3,449 61302 PTS Pension - 423 - - - 61303 Wellness 200 700 1,000 1,000 - 61304 Employee Assistance Program 51 96 96 120 24 61401 FICA/Medicare 1,082 1,780 2,234 2,641 407 61501 Group Health and Life Insurance 15,505 20,486 22,075 29,380 7,305 61502 PTS Group Health Insurance - 972 - - - 61505 Long-term Disability Insurance 514 816 1,130 1,381 251 61507 Dental Insurance 1,851 1,305 1,440 1,920 480 61509 Worker's Compensation 2,815 4,378 6,223 7,604 1,381 61510 Unemployment Insurance 219 367 462 546 84 61000 Total Personnel 104,281 164,882 199,066 245,696 46,630 Commodities: 62205 Plumbing and Electrical Supplies and Materials 9,550 15,000 15,000 15,000 - 62401 Gasoline - 300 1,300 1,300 - 62402 Diesel - 300 - - - 62803 -Janitorial,-Custodial-and-Cleaning-Supplies--- - 7,373 - 7-700--- 8;000--- - -- 8,000 - 62805 Clothing and Uniforms 371 825 1,100 1,100 - 62807 Consumable Tools/Small Equipment 1,270 6,600 6,600 6,600 - 62899 Other Miscellaneous Operating Supplies 2,845 1,500 1,500 1,500 - 62000 Total Commodities Services: 63501 R&M - Buildings and Facilities 63552 Janitorial and Custodial Services 63599 Other Maintenance Services 63999 Other Purchased and Contracted Services 63000 Total Services 21,409 32,225 33,500 33,500 - 48,734 57,280 78,700 78,700 - 21,087 32,800 - - - 5,926 10,830 11,962 11,962 - 3,566 5,000 - - - 79,313 105,910 90,662 90,662 - Page 12 Town of Avon Line Item Detail Function: Public Works #400 Department: Public Works Department #410 Program: Facility Maintenance #414 Account Number ccount Description Actual 2000 Budget 2001 Original or Prev. Amend. Budget 2002 Current Proposed Amendment 2002 Difference Increase (Decrease) Other Operating Costs: 64101 Travel and Conference 499 825 620 620 - 64201 Telephone - - - - - 64202 Gas 11,666 11,780 21,480 21,480 - 64203 Electric 31,715 24,125 26,500 26,500 - 64204 Water and Sanitation 18,430 14,250 19,250 19,250 - 64205 Trash and Recycling 13,544 9,333 11,000 11,000 - 64401 Fleet Maintenance Charges - 6,300 7,821 7,821 - 64402 Equipment Replacement Charges - 2,400 - - - 64403 Washbay Charges - 780 780 780 - 64907 Paid Claims - - - - - 64000 Total Other Operating Costs 75,854 69,793 87,451 87,451 - Capital Outlay: 66202 Building Improvements 14,416 15,000 7,500 7,500 - 66404 Furniture and Fixtures 8,361 - - - 66000 Total Capital Outlay 22,777 15,000 7,500 7,500 - 60000 Total Expenditures $ 303,634 $ 387,810 $ 418,179 $ 464,809 $ 46,630 Page 13 Water Fund #24 Amendment #1 Fund S ummary Original or Current Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2000 2001 2002 2002 (Decrease) REVENUES Charges for Services $ 351,027 $ 529,000 $ 393,000 $ 393,000 $ - Investment Earnings 76,176 100,000 60,000 60,000 - Other Revenues 1,160 4,500 4,500 4,500 - Total Operating Revenues 428,363 633,500 457,500 457,500 - Other Sources 40,500 - - - - TOTAL REVENUES 468,863 633,500 457,500 457,500 - EXPENDITURES Water Utilities 124,226 69,246 61,612 110,612 49,000 Total Operating Expenditures 124,226 69,246 61,612 110,612 49,000 Other Uses Transfers-Out To Capital Projects 45,000 280,000 355,000 355,000 - TOTAL-EXPENDITURES- 169226 _ 349246- --416;612 465,612 49,000 NET SOURCE (USE) OF FUNDS 299,637 284,254 40,888 (8,112) (49,000) FUND BALANCES, Beginning of Year 1,736,038 2,035,675 2,319,929 2,319,929 - FUND BALANCES, End of Year $ 2,035,675 $ 2,319,929 $ 2,360,817 $ 2,311,817 $ (49,000) Page 1 Town of Avon Line Item Detail Function: Utilities Department: Public Works Program: Water Utilities #424 Original or Current Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Account Description 2000 2001 2002 2002 (Decrease) Personnel: 61101 Regular Full-time Salaries $ 15,487 $ 12,464 $ 61122 Overtime 645 - 61201 Automobile Allowance 192 126 61203 Housing Allowance 120 - 61301 FT Pension 1,688 1,371 61302 PTS Pension - 110 61303 Wellness 133 - 61304 Employee Assistance Program 7 5 61401 FICA/Medicare 110 183 61501 Group Health and Life Insurance 2,217 1,536 61505 Long-term Disability Insurance 106 100 61507 Dental Insurance 259 96 61509 Worker's Compensation 117 391 61510 Unemployment Insurance 49 38 61000 Total Personnel 21,130 16,420 Commodities: 62899 Other Miscellaneous Operating Supplies - 62000 Total Commodities - -Services:.-.--- 63102 Audit and Accounting Services - 63104 Engineering Services 447 63999 Other Contracted Services 2,195 63000 Total Services 2,642 Other Operating Costs: 64399 Other Administrative Fees - 64402 Equipment Replacement Charges - 64901 Advertising and Legal Notices - 64905 Insurance Premiums 248 64000 Total Other Operating Costs 248 Capital Outlay 12,805 $ 252 1,409 132 5 189 1,627 102 106 805 39 17,471 12,805 $ 252 1,409 132 5 189 1,627 102 106 805 39 17,471 1,500 1,500 1,500 - 1,500 1,500 1,500 - 12,500 12,500 61,500 49,000 15,500 15,500 64,500 49,000 66499 Other Machinery and Equipment 23,225 66601 Mtn Star Tap Fee Reimbursement 45,475 66602 Brookside Tap Fee Reimbursement 16,000 66701 Water Rights and Augmentation 15,506 66000 Total Capital Outlay 100,206 60000 Total Water Utilities $ 124,226 $ 250 250 250 - 1,500 - - - 250 250 250 - 326 141 141 - 2,326 641 641 - 20,000 20,000 20,000 - 15,000 8,000 8,000 - 35,000 28,000 28,000 - 69,246 $ 61,612 $ 110,612 $ 49,000 Page 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: March 20, 2002 Re: Nottingham Lake Drain Valve Replacement - Proposal Summary: The drain valve for Nottingham Lake has deteriorated to the extent that there is a possibility that if it is opened that it will not be possible to re-close the valve. This is a serious problem from both an operational and a safety standpoint and must be rectified as quickly as possible. Ideally these repairs should be completed prior to spring runoff to enable the lake to be refilled prior to irrigation season. We received the two attached proposals for these repairs. The first proposal was submi to by B & B Excavating with a total cost not to exceed $ 4-;701.'73. Site Resources Management, Inc. submitted the second proposal with a guaranteed maximum price of $23,500.00 and an estimated cost of $11,832.00 for repair of expected damage to the bikepath for a total estimated cost of $35,332.00. Both proposals are based on the assumption that the lake level will be lowered six feet and that material removed from the dam will be suitable for backfill of the excavation. The B & B Excavating Proposal includes a better breakdown of the projected costs but these costs are nearly double the costs in the Proposal submitted by Site Resources Management. Both proposals include essentially the same exclusions from the cost of the work. Subsequently we recommend acceptance of the proposal for the drain valve replacement at Nottingham Lake, as submitted by Site Resource Management, Inc. with cost of the defined work not to exceed $35,332.00 with the acceptance subject to negotiation of satisfactory details and specifications governing the work. CADocuments And Settings\Swright.TOA\Local Settings\Temporary Internet Files\OLK12\Lake Drain Replace Memo-1.Doc Financial Implications: This problem was not known to exist at budget time and the cost of repairs is substantially more than the $12,500.00 budgeted for lake and ditch maintenance and repairs. We recommend that the following be adopted as a budget for this project and that the Water Fund Budget be amended accordingly: Construction (Base Contract) $ 35,332 Testing & Inspection Services 5,000 Contract Administration 500 Contingencies @ 20% 8,168 Total Estimated Cost (Project Budget) $ 49,000 These funds are available in the Water Fund and will have no impact on the General Operating Funds of the Town. A Resolution including this amendment to the Budget is presented as separate item on this Agenda. Recommendations: Approve proposal for the drain valve replacement at Nottingham Lake, as submitted by Site Resource Management, Inc. with cost of the defined work not to exceed $35,332.00 with the acceptance subject to negotiation of satisfactory details and specifications governing the work. Town Manager Comments: CADocuments And Settings\Swright.TOA\Local Settings\Temporary Internet Files\OLK12\Lake Drain Replace Memo-I.Doc 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer Matthew Spielbauer, Engineer I Date: 3/19/2002 Re: Resolution No. 02-16, Approving the Final Plat, A Resubdivision of Lot 46, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5135A and 5135B Longsun Lane) Summary: Matsen & Robb Enterprise, LLC, owners of Lot 46, Block 4, Wildridge, have submitted a Final Plat to resubdivide Lot 46, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 64A and 64B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 02-16, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 46, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: C%'W CADocuments and Setdngs\nwood\Local SettingsUemporary Internet Files\OLK2\L46B4WR.doc TOWN OF AVON RESOLUTION NO. 02-16 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 46, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Matsen & Robb Enterprise, LLC has submitted a Final Plat for a Resubdivision of Lot 46, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 46, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk CADocuments and Settings\nwood\Local SettingsUemporary Internet Fi1es\0LK2\L46B4WRres0216.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager7*31 -V-- From: Norman Wood, Town Engineer??2 Matthew Spielbauer, Engineer I Date: 3/19/2002 Re: Resolution No. 02-17, Approving the Final Plat, A Resubdivision of Lot 6, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5768A and 5768B Wildridge Road East) Summary: Trenton Hubbard, Member Manager Kolzow Hubbard Dev. of Lot 6, Block 4, Wildridge, have submitted a Final Plat to resubdivide Lot6, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 6A and 6B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 0217, Series of 2002, A Resolution Approving the Final Plat, a Resubdivision of Lot 6, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: CADocurnents and Settings\nwood\Local SetfingsUemporary Internet Files\OLK2\L6B4WR.doc TOWN OF AVON RESOLUTION NO. 02-17 Series of 2002 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 6, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Trenton Hubbard Member Manager Kolzow Hubbard Dev. has submitted a Final Plat for a Resubdivision of Lot 6, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 6, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk CADocuments and Settings\nwood\Local SettingsUemporary Internet Fi1es\0LK2\L6B4WRres0217.doc Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 0 From: Norm Wood, Town Engineer Date: March 19, 2002 Re: Metcalf Gulch Lower Drainage Improvements Change Order Number 1 Summary: Attached Change Order 1 for the Metcalf Gulch Lower Drainage Improvements represents minor changes required to address drainage within the I-70 Right-of-Way. Change Order Number 1 is for the installation of 24-inch corrugated metal pipe (CMP) and deletion of flap valve assembly. These changes will result in a more reliable installation less prone to damage and flooding during high flows. The cost of the Change Order is to increase the contract amount by $1,851.66. The net effect of this Change Order is to increase the Contract Amount from $ 551,926.82 to $ 553,778.48. This type of change was anticipated when the contract was awarded and is provided for by the contingency item in the project budget. App roved Project Budget Project Costs Construction Contract $552,000 $ 552,000 Change Order No. 1 $ 1,852 Design $ 50,000 $ 50,000 Easements & Right-of-Way $ 5,000 $ 5,000 Contract Administration / Testing $ 25,000 $ 25,000 Administration & Permits $ 8,000 $ 15,000 Contingency (10%) $ 60,000 $ 51,148 Total Construction Budget $700,000 $ 700,000 Approval of Change Order 1 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is recommended, increasing the Contract amount $ 1,851.66 from $ 551,926.82 to $ 553,778.48. I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 1 Memo.Doc Recommendations: Approve Change Order 1 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements, increasing the Contract amount $ 1,851.66 from $ 551,926.82 to $ 553,778.48. Town Manager Comments: C cH GAR.{/ I:\Engineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 1 Memo.Doc 2 CHANGE ORDER Order No.: 1 Date: 03-15-02 Agreement Date: _11-27-01 NAME OF PROJECT: Metcalf Gulch Lower Drainage Improvements OWNER: Town of Avon CONTRACTOR: -Site Resource Management Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: The east drain pipe and inlet are amended as indicated on the revised plans dated 3-14-02. Subtract $925.00 (deleting flap valve), add $2,407.50 (adding 45' of 24" CMP), add $400 (adding 2 - 45 degree bends) and add $29.16 (1.6% of total change for additional bond premium). Justification: The new location is outside the impact area for the primary runoff stream from the existing 84" CMP. Change to CONTRACT PRICE: $ $_1,851.66 Original CONTRACT PRICE: $ $_551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 551,926.82 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_1,851.66 The new CONTRACT PRICE including this CHANGE ORDER will be $ 553,778.48 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by 0 calendar days. The date for completion of all work will be 10-11-02 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: March 20, 2002 Re: Nottingham Lake Drain Valve Replacement - Proposal Summary: The drain valve for Nottingham Lake has deteriorated to the extent that there is a possibility that if it is opened that it will not be possible to re-close the valve. This is a serious problem from both anoperational and a safety standpoint and must be rectified as quickly as possible. Ideally these repairs should be completed prior to spring runoff to enable the lake to be refilled prior to irrigation season. We received the two attached proposals for these repairs. The first proposal was submitted by B & B Excavating with a total cost not to exceed $64,701.73. Site Resources Management, Inc. submitted the second proposal with a guaranteed maximum price of $23,500.00 and an estimated cost of $11,832.00 for repair of expected damage to the bikepath for a total estimated cost of $35,332.00. Both proposals are based on the assumption that the lake level will be lowered six feet and that material removed from the dam will be suitable for backfill of the excavation. The B & B Excavating Proposal includes a better breakdown of the projected costs but these costs are nearly double the costs in the Proposal submitted by Site Resources Management. Both proposals include essentially the same exclusions from the cost of the work. Subsequently we recommend acceptance of the proposal for the drain valve replacement at Nottingham Lake, as submitted by Site Resource Management, Inc. with cost of the defined work not to exceed $35,332.00 with the acceptance subject to negotiation of satisfactory details and specifications governing the work. I:\Engineering\Water\Construction & Repairs\L.ake Drain Replace Memo-1.Doc Financial Implications: This problem was not known to exist at budget time and the cost of repairs is substantially more than the $12,500.00 budgeted for lake and ditch maintenance and repairs. We recommend that the following be adopted as a budget for this project and that the Water Fund Budget be amended accordingly: Construction (Base Contract) $ 35,332 Testing & Inspection Services 5,000 Contract Administration 500 Contingencies @ 20% 8,168 Total Estimated Cost (Project Budget) $ 49,000 These funds are available in the Water Fund and will have no impact on the General Operating Funds of the Town. A Resolution including this amendment to the Budget is presented as separate item on this Agenda. Recommendations: Approve proposal for the drain valve replacement at Nottingham Lake, as submitted by Site Resource Management, Inc. with cost of the defined work not to exceed $35,332.00 with the acceptance subject to negotiation of satisfactory details and specifications governing the work. Town Manager Comments: I:\Engineering\Water\Constmction & Repairs\Lake Drain Replace Memo-I.Doc 2 Sent By: Site Resource Management; 970328 5101; Mar-20-02 4:47PM; Page 272 Town of Avon Attn: Norm Wood P.O. Box 975 Avon, CO 81620 Dear Norm: P.O.8ox 4260 FASIr, CO 81631 (970) 3234100 March 20, 2002 Following is a quotation for drain valve replacement at Nottingham Labe. Labor, Material, and Equipment to install new drain valve: Gf4P $23,500.00 Allowance for path repair. 1.5 inch overlay (12000 SF) 112 TONS @ 61.00 = 56832.00 S" Patch 1000 SF @ $3.00 = 55000.00 & y} r y u j ?,i Axons and exclusions: xf?l3 and surveying is not included. de& elJa3?tR or fees are not lnela ? ? , - ? r. '7 1'rdtrl??Y`???? ?i?? ? } i? ?iur'`?ryr{' 9vl.n a1 TEpalr paid by unit price.. 9f '? 1 IPrigation or landscape repair is not included. ho is not included. If 1:1 excavation does not hold, price is subject to change. ? i?(?;,T G?;..• .. ?f `' >'` 6 Hauling of excavated and backfdl material is included. However, purchasing of an >ia'pG r;i;, ;y'i impervious material is not included. Cycle times are 1 hour. Chris Fedrizzi I P. 0. Box 1729 Edwards, Colorado 81632 (970) 926.3311 Fax: (970) 926-2344 P. 0. Box 1982 Silverthorne, Colorado 80498 (970) 468-5209 Fax: 468-6026 Date: 3/15/02 Submitted To: Town Of Avon Bid Title: Nottingham Lake Address: Avon, CO 81620 Bid Number: Project Location: Contact: Project City, State: Phone: Fax: Engineer/Architect: Line No. Item No. Item Description Estimated Quantity Unit Unit Price Total Price 001 Mobilization 1.00 LS $3,373.13 $3,373.13 002 Plug Existing Line 1.00 LS $1,175.00 $1,175.00 004 Excavate For New CMP 650.00 CY $19.86 $12,909.00 005 Install New 24 In CMP 1.00 LS $6,632.50 $6,632.50 006 Backfill 24 In CMP 650.00 CY $29.07 $18,895.50 006.5 Flow fill topping 60.00 CY $91.11 $5,466.60 007 Repair Pond Liner 1.00 LS $3,750.00 $3,750.00 009 Repair asphalt 1.00 LS $12,500.00 $12,500.00 Total Bid Price: $64,701.73 Notes: Dewatering is excluded " Permits, fees are excluded. Rock excavation as defined by the CDOT specifications is excluded. Soils testing is excluded. " Sub-excavation and recompaction due to unsuitable materials is excluded. " Winter conditions and winter work(I. E. snow removal, ground heater, and frost protection) are excluded. " Landscaping and revegetation are excluded. Bond(s) payment(s) are excluded. It is assumed that the material excavated from the dam will be hauled away and will be suitable to backfill the new manhole with. A gradation for an a alternate material is included with this proposal. " Flow fill is a budget based on V deep flowable fill covering the hole and lay-back. This number can be used as a not to exceed number based on the specific scope. Work proposed will be done on a Time and Materials basis. " The town understands that the quantities and prices in this number are based on a certain stability of the material in the dam- Additional costs may be incurred if conditions are significantly different from assumptions. If excavated materials are unsuitable for backfill, the material in our yard from Snowcloud, see attached soils information, is available at $16.00/cy delivered. Page 1 of 2 Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and are hereby accepted. B & B Excavating, Inc Buyer Authorized Signature Signature Date of Acceptance Estimat 3V/5''pZ Page 2 of 2 TOWN COUNCIL TOWN OF AVON, STATE OF COLORADO RESOLUTION NO. 19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, DELEGATING AUTHORITY AND RESPONSIBILITY AS THE DESIGNATED EMERGENCY RESPONSE AUTHORITY WHEREAS, pursuant to Article 22 of Title 29, C.R.S. the Town of Avon is the Designated Emergency Response Authority ("DERA") for hazardous substance incidents that occur within the Town's corporate limits; and WHEREAS, the Regional Hazardous Materials Association of Eagle County ("RHMAEC") has been established by intergovernmental agreement among local governments within Eagle County, in which the Town of Avon participates as an Operational Member; and WHEREAS, the Town Council of the Town of Avon desires, and pursuant to Section 29-22- 102(3)(a), C.R.S., is authorized to delegate its DERA responsibilities, and its operational membership status in RHMAEC to the Eagle River Fire Protection District; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AS FOLLOWS: The recitals contained above are resolved as it set forth herein in full. The DERA authority and responsibilities of the Town of Avon are hereby delegated to the Eagle River Fire Protection District; The Town of Avon hereby withdraws from the Regional Hazardous Materials Association of Eagle County Establishment and Reciprocal Hazardous Materials Incident Intergovernmental Agreement executed by the Town on March 26, 2002. INTRODUCED, READ AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON ON THE 26 DAY OF MARCH, 2002 BY A VOTE OF IN FAVOR, AGAINST. By: ATTEST: TOWN OF AVON Judy Yoder, Mayor By: Kris Nash, Town Clerk