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TC Council Packet 08-13-2002Town Council Meetings Roll Call Check Sheet Date: B?(-:? I0?' Michael Brown ,/ ? Debbie Buckley ? ? Peter Buckley ? Mac McDevitt , - ,} Buz Reynolds ? ? Brian Sipes ? Judy Yoder ? ? 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: ? Bill Efting Larry Brooks John Dunn ? Patty McKenny ?jacquie Halburnt Scott Wright Jeff Layman Norm Wood Meryl Jacobs V Bob Reed Harry Taylor Ruth Borne Other Staff IATown Clerk\Council\Packets\Council Meeting Check List.doc TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 13, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances a. Second Reading - Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials. PUBLIC HEARING 4. Resolutions a. Resolution No. 02-39 - A Resolution Submitting a Ballot Question at the # Coordinated Election of November 5, 2002. (John Dunn) alt 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a. Approval of the July 23, 2002 Council Meeting Minutes b. Intergovernmental Agreement between Town of Avon and Eagle County for Animal Control Services C. Intergovernmental Agreement between Town of Avon and Eagle County concerning the administration and the conduct of the November 5, 2002 coordinated Polling Place Election. d. Resolution No. 02-37 - A Resolution adopting an Amended Plan Document for the Town of Avon Public Employees Money Purchase Pension Plan e. Resolution No. 02-38 - A Resolution adopting an Amended Plan Document for the Town of Avon Police Employees Money Purchase Pension Plan f. Trust Agreement for Town of Avon Public Employees Money Purchase Pension Plan g. Trust Agreement for Town of Avon Police Officers Money Purchase Plan h. East Avon Street Improvements - Change Order 47 w,u i. Eagle River Recreation Path II - Change Order #1 j. Metcalf Drainage Improvements - Change Order #6 k. 2002 Street Repair and Improvements - Change Order #I 12. Adjournment L\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meetingdoc TOWN OF AVON REGULAR COUNCIL MEETING AGENDA AUGUST 13, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances a. Second Reading - Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials. PUBLIC HEARING 4. Resolutions a. Resolution No. 02-39 - A Resolution Submitting a Ballot Question at the Coordinated Election of November 5, 2002. (John Dunn) 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a. Approval of the July 23, 2002 Council Meeting Minutes b. Intergovernmental Agreement between Town of Avon and Eagle County for Animal Control Services C. Intergovernmental Agreement between Town of Avon and Eagle County concerning the administration and the conduct of the November 5, 2002 coordinated Polling Place Election. d. Resolution No. 02-37 - A Resolution adopting an Amended Plan Document for the Town of Avon Public Employees Money Purchase Pension Plan e. Resolution No. 02-38 - A Resolution adopting an Amended Plan Document for the Town of Avon Police Employees Money Purchase Pension Plan f. Trust Agreement for Town of Avon Public Employees Money Purchase Pension Plan g. Trust Agreement for Town of Avon Police Officers Money Purchase Plan h. East Avon Street Improvements - Change Order #7 i. Eagle River Recreation Path 11- Change Order #1 j. Metcalf Drainage Improvements - Change Order 46 k. 2002 Street Repair and Improvements - Change Order 91 12. Adjournment IATown Clerk\CounciMgendas & Worksessions\Agenda-Regular Meetingdoc 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 AUGUST 13, 2002, AT 4:45 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:45 P.M. - 5:00 P.M 1) Wildridge Fire & Fire Prevention (Charlie Moore) 5:00 PM - 5:20 PM 2) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: r" ? Pay cKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 9,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY IATown Clerk\CouncilAgendas & WorksessionsAgenda-Worksession. doc To: Honorable Mayor and Town Council From: Bill Efting, Town Managerg Date: August 7, 2002 Re: Manager's Update 1. Attached are some positive letters concerning the Avon Police Department, they are doing a great job. 2. Just a reminder that October 8"' will be your budget retreat and regular Town Council Meeting. We will be bringing you the non-profit requests the 1 St meeting in September which will help us with the rest of the budget. 3. If you have any questions concerning the fall election Patty McKenny have put together an election schedule. 4. Judy and I will be attending the CAST meeting in Aspen on the 22nd and 23rd of August, I wonder if I am going to have any fun there?? Av" EagleCare Medical vr? Clinic July 12, 2002 Avon Police Department PO Box 975 Avon, CO 81620 Dear folks at the Avon Police Department, As a member Eagle River Youth Coalition (ERYC), an organization comprised of more than fifty youth-serving organizations in Eagle County, I would like to thank you for building assets in children and youth. The mission of the ERYC is to assess and meet the changing needs of Eagle River Youth through youth-serving organizations. Part of our work involves identifying those groups and individuals in our community who are actively building assets in our youth. After reading about your card collection program (Vail Daily, 7/8/02), I would like to thank you for helping to build Asset #3 (Other Adult Relationships: Young person receives support from three or more non-parent adults) and Asset #7 (Community Values Youth: Young people in the community perceive that adults in the community value youth.). These activities make a world of difference to the young people in our community. Keep up the great work! Sincerely, r7r yL r Karen Smith "Your Care Is Our Mission" 181 West Meadow Drive, Suite 100 o Vail, Colorado 81657 a 970-926-7520 320 Beard Creek Road o Edwards, CO 81632 ? V (3?? / of ?4 EAGLE COUNTY AMBULANCE DISTRICT 1055 EDWARDS VILLAGE BLVD. POST OFFICE BOX 990 EDWARDS, COLORADO 81632 OFFICE: 970 926-5270 FAX: 970 926-5235 Jeff Layman Avon Police Department P.O. Box 975 Avon, Colorado 81620 July 29, 2002 Dear Jeff, On behalf of the Eagle County EMS Prevention Committee, I would like to thank you for taking part in the 911 Emergency Training Camp on July 26, 2002. With your generous participation we were able to provide 75 local youth with an opportunity to learn new safety skills, as they experiment with new freedoms and decision- making. Eagle County is very fortunate to have such high quality emergency service agencies that can work as a team under difficult and sometimes tragic situations and also as friends and peers in a fun, community event like the 911 Training Camp. We had twelve emergency service agencies along with the Avon Recreation Center, Vail Resorts, and the Beaver Creek Children's Theater provide volunteers to host activities, act as group leaders and help support all the numerous tasks it takes to host an event of this size. The many contributions from our local businesses in merchandise, food and monetary donations made the camp inexpensive to put on and free for the children of our community. Our goal to provide a "safety lesson" in a fun camp style setting would not have been achieved without your willingness to help. Thank you again, Cathy McRory EMTP Education and Quality Assurance Coordinator Eagle County Ambulance District P.O. Box 990 Edwards, Co. 81632 I it 1? Y? _ TEL Tarrant County Hospital District Police Department 1500 S. Main St. Ft. Worth, Texas 76104 (817) 927-1120 Fax: (817) 927-1455 07/16/02 Chief of Police Avon Police Dept. P. O. Box 975 Avon, Colorado 81620 ?l A" This letter is to express my appreciation for Officer Steve Hodges. While vacationing in Avon, we apparently left a bag unsecured on our vehicle and it ended up in one of your traffic circles. Before we knew it was gone, Officer Hodges had already called our home notifying us that it had been found. Officer Hodges was able to locate our home number by using a prescription medication label and contacting the pharmacy. Most Police Departments I have been associated with would have simply thrown it into the property room and been done with it. Officer Hodges efforts to locate us and return our property are greatly appreciated. Please convey our thanks to Officer Hodges. Thank You, Sgt. nes } -6 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town ManageFrom: S cott Wright, Finance Dtor Date: August 9, 2002 Re: Use Tax Ordinance Summary: On July 9, Council passed on 1 st reading a use tax ordinance that levied a 4% use tax on the use, storage, or consumption of building materials within the Town of Avon. Subsequent to the 1st reading, there have been several reviews of the various administrative and collection provisions of the ordinance that were prompted by the Town's Annexation and Development Agreement with the Village at (Avon) entities. As a result of these reviews, there are changes to the ordinance for 2`d reading as summarized below: ¦ Section 3.08.030 E. (2) of the original ordinance regarding collection of the use tax has been changed to reflect that only projects required to have a building permit would be required to pay a use tax. This change eliminates the reporting and tax burden on individuals with small home improvement projects that don't require permits and eliminates any consumer use tax issues from the ordinance. ¦ Sections 3.08.030 E. (2)(a), (b), and (c) of the original ordinance regarding payment of the tax at the time a building permit is issued have been changed to reflect that the full payment of the tax is made, rather than a deposit. This change was necessary to remain consistent with the concept that the use tax is levied at the time a building permit is issued. ¦ Sections 3.08.030 E. (4) and (5) have been eliminated as duplicative with existing sections of the existing sales tax code and unnecessary due to the changes above. ¦ Section 3.08.030 E. (3) has been changed to add language allowing the use tax funds to be used for infrastructure related to transportation and recreation. ¦ Section 3.08.035 has been added to grant a credit against the use tax fee collected by the Village at (Avon) for permitted projects occurring within the Village. Page 1 Town Manager Comments: Attachments: Ordinance No. 02-18 - Black Line Version 0 Page 2 ORDINANCE NO. 02-18 SERIES OF 2002 AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS. NOW, T- ER:EFORE-, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows: (a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX." (b) X3.08.020. Taxable items. A new subpart D. is added to state as follows: "D. Upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town." (c) 43.08.030. Sales tax levy. (i) The title of §3.08.030 is changed to state "Sales and use tax levy." (ii) Section 3.08.030C is repealed and reenacted to state as follow: "The retailer shall add the sales tax imposed hereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid and shall be recoverable at law in the same manner as other debts." (iii) A new subpart E. is added to state as follows: "E. (1) A use tax of four percent is imposed upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town. (2) Any Y°visvii who suuu build m d who shall r needed th , f erefore Y ro i un : id t id .. f th t h l l 1..'...,. ..11 ?.vvuvu ° -aste a t e va l ts y ,.?'„,? ,,' ments e or- ou s ? { t. .,? " ?' i l e e o & b th wn, s a h 1 d subcontr-a eter al t?Ytfg st a on with Y ?T i imaa --ef a . h h zrFJi?? r-- o i t e - h n an ¢ z shall en , before g the tenth da f s e s 1, d ow ng sac ' ' th f pTCrc ll a«cTZCir tl? t ,-4 h , of t-e? -- etion y o e. --- af!et with t ...e . ., ...eeee,? :7 Fi i .i .?vaa ?g Pi t t a vvvaaa ? h l' e s cn r-c g t h h ll , f ile arr ee r-ee y ,, v w ic e s a aced the r- e evietts otAh an d h ll th t th Fi p Difeetor t p he full n , rt of the use ta s a er x a„° th - eupon pay " f th o e din naflee , , mss w p ure-to r-esef:?ze suc en eo h t t t n or- e d i e g nt ak ry p s a emen s h ll b an n v? d d ? i l ti o m e f hi Eha3ter The {te" e of an a 7 s d t e eeme a t id v o a f on o t s i maters shall b y us e lien u n e ax ue-an th l trtitt pa t b or- eo fit d nstmet e b h po e rea -pr ep er en y e e y -s e With t he Coun ty Gler-k and Reeor- den (2)(a) Any person who shall build or improve any dwelling or other structure or improvement to realty within the town, including underground improvements, and who shall purchase the necessary construction materials needed therefore from any source inside or outside of the town, may, at sue.h. per-son's shall remit a deposit to the Finance Director prior to the issuance of any building permit for such improvement full payment of the use tax, to be calculated as provided herein , sueh deposit to iiUIAlV U.111.L indemnify na rvvil the tow for- the amount of use tax ai°. The full amount of the deposit use tax shall be due and savable base wen an est:...ut., An f th ....,., t., t, h p, n. -A. I., I . paid, be made, and sueh deposit shall be at the time that the applicable building permit is issued. The estimate of the cost of the construction materials shall be determined by the Town Building Official in the manner set forth below, and the estimate amount of the tax shall be subject to adjustment if the actual cost of the construction materials needed for the improvement is either less than or greater than sueh the estimate. If the tmipay°r elects the deposer^n°a"r° et et4 in this s vseetio (3), the the provisions e s'ubsetio (2) hereof shall be waived-. Upon payment of the use tax depesit as et f rth h, the Finance Director shall issue the taxpayer a receipt identifying the property that is the subject of the deposit tax and the building permit number. (b) For the purpose of calculating the amount of the deposit use tax as provided for herein, the value of the construction materials in the improvement shall be estimated to be equal to fifty percent of the total value of the improvement as determined by the Building Official for building permit purposes. The deposit use tax obligation shall be4n4he an amount of equal to four percent of such estimated value of the construction materials. 2 (c) If it is determined by the Finance Director through audit or other means that the actual cost of the construction materials for the improvement is greater than the estimate on which the tax was based therefore, and that additional tax is owing the amount of the use tax deposit is not suffieien4 to provide for full p n+ E) fthe use +a , then the Finance Director shall make a demand to the taxpayer for the additional use tax owed together with interest calculated pursuant to 3.08.353; provided, in no case may the Finance Director make a claim for amounts due over and above the amount of the deposit more than three years after a certificate of occupancy or final inspection approval has been issued by the town for the improvement. A taxpayer's failure to honor the Finance Director's claim for additional tax due, as set forth in this paragraph, shall constitute a violation of this chapter. (d) If it is dete i d b th Fi Di t Y th d ne y e nanee r-ec o s tr Ito- rovide-for fu t f h t th e eposit--s th d it h ll b p wen o ere- wE, en e epos s a e- that the amount of the de osit i i f th t , d th h h ll p s ii exeess o e tise ax o r-etum an exeess amount f th d it t th h v? He , en e s a . d th d i y o e epos o e per-son w ,it ir. thir-ty `lays ..f'.,,te deto,•mi atio e ma e e epos t (4) if a er ur-ehas es e-o ti e t t th t imn nrea here " p y f;-,.+,+ ft em p a end to o "l r- jec o euse ax i'l T f A t il l r VVVU 11V1 V 111a ll lt o t't" d l if h h k YU ' th p e V1 t.J V JJ VJJlll g t..t.,,,'s sales t"" own o von re a sa es i f f nt th eens LI.L A 11V V11U V , an 1U 11 e e Gl pays ?1 LL?' J e a me o pure ase o le e t 4 constfuetion 7 then he shall be entitled to a er-edit, to the extent a astieh salon tax p ad t o beappl ied to then .,t o f use tags owed-. (5) Constmetion ?-t, .,teri.,ls subj t tin e f ntt, 1 t th + l ?..? vVla?u V?1V11111 tax 'full im osed ee e a a..?V11LaiU JuvJ VVLVtL u the o e 111V L L11V L1 Vl lJ lA1V11 UJ - b th t t t V LV sa es s y p alit in the St V1 the St me e .,te of'if ate of olor- d r y ano er- s a u o t tt t n d l r-5--or t t a,-. t y 111 11 pLL11 L?' 111 the four- erEent rate a o, C rovided for her r o equa axe a in t o o grea er- th T p Avon's use E if t p e he at - ch - e , are exemp er o e own o d b h h . C ade tor- o e o e s f home- rul es-or- tts?npos ht i l th e y ue ot er- th t y d erenee het veen t e nttnzc he tax d d a y s ess an thi h t d th ettf per-eert e ,- t id b h 11 b.1 uf l-.a °'' ? ° ue un er- the T "? ? "c - to Tl1TI s e -ap e>? e f A ll b d h ax pa y t e d t itt d th p r r rrfv ? ''`mo ti T •n e il•, etr r v { T o r von, an s a e rem e e o e (3) All use tax funds collected by the Town in accordance with the provisions of this chapter shall be appropriated and spent solely for transportation and recreation capital projects and services and infrastructure related thereto." (d) § 3.08.320. Sales tax - Credit for sales or use taxes previously paid to another municipality. (i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit for sales or use taxes previously paid to another municipality." 3 (ii) Section 3.08.320 is repealed and reenacted to state as follow: "For transactions consummated on or after January 1, 1986, the town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of that provided for in Section 3.08.030. A credit shall be granted against the town's lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the town's sales or use tax imposed pursuant to Section 3.08.030." Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows: "3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there shall be granted to each person owing 1) the sales tax on sales consummated within The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition costs of construction materials brought within the boundaries of the Town for the purpose of being used to build, construct, reconstruct, alter, expand modify or improve any building, dwelling or other structure or improvement to real property within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any retail sales or use fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall shall be granted subsequent to termination of the collection of the retail sales fees and use fees terminate pursuant to the Annexation and Development Agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change." 4 Section 2 3. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 5, 2002. If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2003, whichever occurs last. Section -3 4. Ballot Title and Question. The ballot title and question submitted to the electors shall be as follows: SHALL TOWN OF AVON TAXES BE INCREASED $1.6 MILLION ($1,600,000) ANNUALLY IN 2003, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR TRANSPORTATION AND RECREATION CAPITAL PROJECTS AND SERVICES AND INFRASTRUCTURE RELATED THEREO, ALL IN ACCORDANCE WITH ORDINANCE NO. 01-08 02-18 ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? 5 If t e eet or-dinanee,,-then then an the e feetiye date speeified above, all The provisions of this or-dinanee are sever-able, and invalidity of any paft shall not affeet t INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 23rd day of July, 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk 6 INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this day of 52002. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF AVON ORDINANCE NO. 02-18 SERIES OF 2002 AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Chapter 3.08 of the Avon Municipal Code is amended as follows: (a) Title. The title of chapter 3.08 is amended to state "SALES AND USE TAX." (b) X3.08.020. Taxable items. A new subpart D. is added to state as follows: "D. Upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town." (c) X3.08.030. Sales tax levy. (i) The title of §3.08.030 is changed to state "Sales and use tax levy." (ii) Section 3.08.030C is repealed and reenacted to state as follow: "The retailer shall add the sales tax imposed hereto to the sale or charge of the item sold, showing such tax as a separate and distinct item, and, when added, such tax shall constitute a part of such price or charge, shall be a debt from the purchaser to the retailer until paid and shall be recoverable at law in the same manner as other debts." (iii) A new subpart E. is added to state as follows: "E. (1) A use tax of four percent is imposed upon the purchase price paid for or the acquisition costs of construction materials brought within the boundaries of the town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property in the town. (2)(a) Any person who shall build or improve any dwelling or other structure or improvement to realty within the town, including underground improvements, and who shall purchase the necessary construction materials needed therefor from any source inside or outside of the town, shall remit to the Finance Director prior to the issuance of any building permit for such improvement full payment of the use tax, to be calculated as provided herein. The full amount of the use tax shall be due and payable at the time that the applicable building permit is issued. The estimate of the cost of the construction materials shall be determined by the Town Building Official in the manner set forth below, and the amount of the tax shall be subject to adjustment if the actual cost of the construction materials needed for the improvement is either less than or greater than the estimate. Upon payment of the use tax, the Finance Director shall issue the taxpayer a receipt identifying the property that is the subject of the tax and the building permit number. (b) For the purpose of calculating the amount of the use tax as provided for herein, the value of the construction materials in the improvement shall be estimated to be equal to fifty percent of the total value of the improvement as determined by the Building Official for building permit purposes. The use tax obligation shall be an amount equal to four percent of such estimated value of the construction materials. (c) If it is determined by the Finance Director through audit or other means that the actual cost of the construction materials for the improvement is greater than the estimate on which the tax was based, and that additional tax is owing, then the Finance Director shall make a demand to the taxpayer for the additional use tax owed together with interest calculated pursuant to § 3.08.353; provided, in no case may the Finance Director make a claim for amounts due more than three years after a certificate of occupancy or final inspection approval has been issued by the town for the improvement. A taxpayer's failure to honor the Finance Director's claim for additional tax due, as set forth in this paragraph, shall constitute a violation of this chapter. (3) All use tax funds collected by the Town in accordance with the provisions of this chapter shall be appropriated and spent solely for transportation and recreation capital projects and services and infrastructure related thereto." (d) ? 3.08.320. Sales tax - Credit for sales or use taxes previously paid to another municipality. (i) The title of § 3.08.320 is changed to state "Sales and use tax - Credit for sales or use taxes previously paid to another municipality. " (ii) Section 3.08.320 is repealed and reenacted to state as follow: 2 "For transactions consummated on or after January 1, 1986, the town's sales tax shall not apply to the sale of tangible property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule municipality equal to or in excess of that provided for in Section 3.08.030. A credit shall be granted against the town's lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed the town's sales or use tax imposed pursuant to Section 3.08.030." Section 2. Section 3.08.035 of the Avon Municipal Code is amended as follows: "3.08.035 Tax Credit. Notwithstanding any other provisions of this chapter, there shall be granted to each person owing 1) the sales tax on sales consummated within The Village (at Avon) or 2) the use tax on the purchase price paid or the acquisition costs of construction materials brought within the boundaries of the Town for the purpose of being used to build, construct, reconstruct, alter, expand, modify or improve any building, dwelling or other structure or improvement to real property within The Village (at Avon) a temporary tax credit against collection of the tax equal to the amount of any retail sales or use fee paid by or on behalf of such person. The amount of the credit shall not exceed the amount of the tax. No such credit shall shall be granted subsequent to termination of the collection of the retail sales fees and use fees terminate pursuant to the Annexation and Development Agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change." Section 3. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 5, 2002. If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2003, whichever occurs last. Section 4. Ballot Title and Question. The ballot title and question submitted to the electors shall be as follows: SHALL TOWN OF AVON TAXES BE INCREASED $1.6 MILLION ($1,600,000) ANNUALLY IN 2003, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR TRANSPORTATION AND RECREATION CAPITAL PROJECTS AND SERVICES AND INFRASTRUCTURE RELATED THEREO, ALL IN ACCORDANCE WITH ORDINANCE NO. 02-18 ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this 9th day of July, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 13th day of August, 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk 4 INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this day of , 2002. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 5 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 13TH DAY OF AUGUST 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-18, SERIES OF 2002: AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS. 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 6th day of August, 2002. TOWN OF AVON, COLORADO BY: 1 ! c P tty cKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 6,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON, COLORADO RESOLUTION NO. 02-39 SERIES OF 2002 A RESOLUTION SUBMITTING A BALLOT QUESTION AT THE COORDINATED ELECTION OF NOVEMBER 5, 2002. WHEREAS, the Town Council has adopted on final reading Ordinance No. 02-18, Series of 2002, AN ORDINANCE ADDING A USE TAX ON CONSTRUCTION MATERIALS; and WHEREAS, the Town of Avon wishes to take formal action to submit the ballot question contained in said Ordinance at the coordinated election of November 5, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon hereby submits the following ballot question to the qualified electors of the Town at the coordinated election of November 5, 2002: SHALL TOWN OF AVON TAXES BE INCREASED $1.6 MILLION ($1,600,000) ANNUALLY IN 2003, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR TRANSPORTATION AND RECREATION CAPITAL PROJECTS AND SERVICES AND INFRASTRUCTURE RELATED THEREO, ALL IN ACCORDANCE WITH ORDINANCE NO. 02-18 ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ADOPTED at a regular meeting of the Town Council the 13th day of August, 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JULY 23, 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 Mayor Judy Yoder and Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, Buz Reynolds and Brian Sipes present. Absent was Michael Brown. Also present were Town Manager Bill Efting, Assistant Town Manager, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Jacque Halburnt noted that the Avon Community picnic and the opening of the 20-year-old time capsule would take place on August 8, 2002 at noon and 3 pm respectively. Mayor Judy Yoder presented the following employees with bonus awards for jobs well done, Dorothy Martinez, Chris Phillips, Michelle Schlund, Ken Smith, and Shawn Weisensel. She thanked them for their extra efforts on behalf of the Town of Avon. Ron Wolfe, resident of Avon, presented his comments about the proposed use tax questions. He asked that the Council clarify how the tax will work with respect to materials purchased outside of the Town and within the Village at Avon limits. Rick Sackbauer, Chairman of the Eagle River Water and Sanitation District Board, submitted a letter to Town Council addressing a number of issues the Town and the District have been working on cooperatively. He also presented an executed original of the Agreement between ERWSD and the Town which addresses the odor control situation to be considered at tonight's meeting. George Pavlik, builder in Avon, opposed the use tax and also asked for some clarification on the tax. He did not think the Town would collect a substantial amount of revenue from this tax. Kathleen Walsh, resident of Avon, presented her comments on several topics, i.e. dust control that needs enforcement, the timeframe for completion of the cul-de-sac, and the proposed use tax and the possibility of getting back some of the sales tax from the Village project. Chris Evans, resident & Chairman of Planning & Zoning Commission expressed his concern about the use tax. Requested some clarification on the ordinance. Presented his examples of how the tax will impact the building costs and process. He does not support the use tax. Dave and Mike Dantas, builders in Avon, are both against the use tax and see the Town targeting one type of business to raise revenues. Ordinances Community Development Director Ruth Borne presented on second reading Ordinance No. 02 - 17, Series of 2002. The applicant Michael Hazard submitted a PUD amendment for the purpose of extending the expiration deadline for another six months. She informed Council the staff had met with the applicant several times to discuss the relationship of the Lot 61, PUD to the adopted Town Center Plan. The applicant would like to explore the opportunities in relation to the Plan without lapsing the currently approved PUD, which expires august 3, 2002. Mayor Judy Yoder opened the public hearing, no comments were made, and the hearing was closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-17, Series 2002 - An Ordinance Amending the Lot 61 PUD for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision. Councilor Sipes seconded the motion and it passed unanimously by those present (Brown absent). Town Attorney John Dunn presented on second reading Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to odor Pollution. He noted that discussion had taken place between Town and ERWSD on an intergovernmental agreement regarding odor control within the Avon town limits vs. enforcement through the Town's code. If the agreement were signed then this Ordinance would repeal the section of the Code pertaining to odor control. If the agreement is approved, the District also agreed to dismiss the pending lawsuit with the Town. The agreement was included as a Consent Item for Council consideration later in the meeting. Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor P. Buckley moved to approve on second reading Ordinance 02-16, Series of 2002 - An Ordinance Repealing Chapter 8.31 of Title 31 of the Municipal Code of the Town of Avon Relating to Odor Pollution. Councilor McDevitt moved to second the motion and it passed unanimously by those members present (Brown absent). Council considered on second reading Ordinance 02-14, Series of 2002 pertaining to the real estate transfer tax. John Dunn noted that the Ordinance was written to add and clarify language within the primary residence exemption from real estate transfer tax (several specifics were noted per the memo in the packet). No changes were made from first reading. Mayor Judy Yoder opened the public hearing, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 02-14, Series 2002 - An Ordinance Amending Chapter 12 of Title 13 of Title 3 of the Municipal Code of the Town of Avon Relating to the Primary Residence Exemption From the Real Estate Transfer Tax. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Brown absent). Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials on second reading was presented to the Council by Town Attorney John Dunn. The use tax on construction materials would provide an additional revenue source to be used for transportation and recreation services. In order for the question to be placed on the November 5, 2002 ballot, two readings and a public hearing are required. At this time, staff requested that Council table the Ordinance until the next Council meeting (August 13"i) due to ongoing discussion the Town is having with the Village at Avon people about the implications of such a tax. Regular Council Meeting Page 2 of 4 July 23, 2002 Mayor Judy Yoder opened the public hearing, there were no comments made, and the hearing was closed. Councilor P. Buckley moved to immediately stop discussing this proposed ballot question and asked for a second on his motion. There was not second. Councilor D. Buckley moved to table Ordinance 02-18, Series of 2002 - An Ordinance Adding a Use Tax on Construction Materials to the next regularly scheduled Council meeting on August 13t1i. Council McDevitt seconded the motion to table the Ordinance. A roll call was taken and the motion passed with a four to one vote (D. Buckley, McDevitt, Reynolds, Sipes - yea; P. Buckley - nay; Brown absent). New Business Community Development Director Ruth Borne presented an appeal of a final design for the Farr Residence, Lot 40 Block 3, Wildridge Subdivision, 4540 Flat Point Circle. She noted that on June 4, 2002 the Planning & Zoning Commission approved the sketch design plan for single family resident on Lot 40, Block 3, Wildridge, as proposed by owner Michael Farr. The property is zoned for a duplex, however; only a single-family home is being proposed. Adjacent property owners Chris Cook, Dave Wilkison and John Eschenlohr attended the sketch plan hearing and voiced their concerns with the proposed massing and siting of the project. The sketch design plan was unanimously approved. On July 2, 2002, the final design plan was reviewed by the P&Z. Cook and Eschenlohr attended the hearing and objected to the project. Staff and the P&Z found the project was in substantial compliance with the Town of Avon Residential, Commercial and Industrial Design Review Guidelines and the final design plan was unanimously approved. Ruth noted several P&Z members were present at this meeting as well. Chris Cook and Dave Wilkison, adjacent property owners, were both present to make comments. Their concerns centered on the lot grade and how the property should be contoured to the natural slope of the lot. Their position is that P&Z members should have given this issue more attention and provided a chance for some dialogue about their concerns. Council noted that the current plans do comply with the current guidelines. The parties asked that the Council reconsider the decision made by P&Z. Chris Evans presented the Commission's basis for the P&Z Commission's approval. After reviewing the plans, the Commission found that the project was in substantial compliance with the design review guidelines. They did not find any reason to deny this project in its current state. They support an effort made by the applicant and the adjacent property owners to continue to resolve their differences. Councilor Sipes moved to deny the appeal of the decision made by Planning & Zoning for the final design for the Farr Residence, Lot 40, Block 3, 4540 Flat Point Circle, made by property owners, Cook, Wilkison, Eschenlohr. Councilor D. Buckley moved to second the motion and it passed unanimously by those members present (Brown absent). Mayor Report Again Mayor Yoder reminded the public about the Community picnic and the time capsule event on August 8, 2002. Regular Council Meeting Page 3 of 4 July 23, 2002 Other Business Mayor Yoder informed the public that during the Work Session the Town Council discussed at length the proposed transit fee increase. The Town Council has decided to reconsider implementing the increase at this time. Council D. Buckley moved to table the plan to charge for buses until after the November election. She is hopeful that a new funding source will be approved with the use tax. Councilor P. Buckley moved to second the motion. Councilor McDevitt added that this action is only in place as a waiting tactic and that a new funding source is still imperative in order to continue to fund transit services in the current capacity. Councilor D. Buckley asked for another public hearing forum to discuss these issues where ideas can be raised and discussed by the public. Mayor Yoder suggested such a meeting after the vote was taken on the proposed use tax question. A vote was taken and the motion passed unanimously by those members present (Brown absent). Councilor D. Buckley noted that the motion was just to table the increase and that the vote will come before the Council again in the future. Consent Agenda a. Approval of the July 9, 2002 Council Meeting Minutes b. Approval of Intergovernmental Agreement with Eagle River Water & Sanitation District (Odor Control within the Avon Town Limits) C. East Avon Access & Circulation Streetscape Improvements Change Order No. 6 d. Resolution No. 02-35, Series of 2002, A Resolution to Amend the 2002 Town of Avon Budget e. Resolution No. 02-36, Series 2002, A Resolution Authorizing the Town of Avon to participate in the Coordinated Election of November 5, 2002. Mayor Judy Yoder asked for a motion on the Consent Agenda. Councilor Reynolds moved to approve the Consent Agenda. Councilor D. Buckley seconded the motion. The motion was carried unanimously. (Brown absent). There being no further business to come before the Council, the meeting adjourned at 6:25 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting July 23, 2002 Page 4 of 4 Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager From: Stephen Hodges fll'-1?111 Date: July 18, 2002 Re: Eagle County Animal Control IGA Summary: This is the same IGA the town has had with Eagle County Animal Control for the last three years. It provides for assistance from E.C.A.C. and the housing of stray domestic animals. Discussion: The town does not have the facilities to house animals or operate an adoption program, Eagle County Animal Control operates a shelter and a successful adoption program. In instances where I am not available due to vacation or days off Eagle County Animal Control personnel can be called upon to perform animal control duties in the Town. Financial Implications: This service has been included in the budget for the last eight years. The 2002 budget for this item is $5,500. , the same amount will be included in the 2003 budget. Recommendation: I recommend approval of the I.G.A. Alternatives: Train more staff in all aspects of animal control and create an adoption program. Proposed Motion: "I move to approved the I.G.A between the Town of Avon and Eagle County Animal Control." Town Manager Comments: gV1 CCII ? INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 2002, by and between the Town of Avon (the "Town") and the County of Eagle, State of Colorado (the "County"). WHEREAS, the Town and County have entered into an Intergovernmental Agreement dated September 30, 1994, pursuant to which County agreed to provide certain animal control services to Town; and WHEREAS, the Town and County both want to change the scope of services to be provided by County; and WHEREAS, the County is agreeable to rendering Animal Control Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuantto C.R.S. 30- 11-101, as amended. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which County assistance is required because of the unavailability of Town employees to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, or any other shelter facility operated or designated the by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 2. TERRITORY COVERED. 1 The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 3. SCOPE OF SERVICES. The County shall provide: A) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Eagle County Animal Shelter. Animals attributable to the Town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B) Twenty four hours per day Emergency On Call service. The County shall enforce Title 6 of the Town of Avon Municipal Code when in the Town of Avon. In the event that an Eagle County Animal Control Officer is not immediately available to respond to an incident or emergency, the Town will provide personnel to secure the scene and administer control of the situation until the Eagle County Animal Control Officer arrives to resolve the incident. SECTION 4. LEVEL OF SERVICE. The County shall provide the Town with a quarterly report of Animal Control Activities generated as a result of this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of unclaimed days, and number of citations issued. SECTION 5. SUPERSESSION OF PRIOR IGA. Any prior agreements between the Town and County regarding animal sheltering or control services are superseded by this Agreement. 2 SECTION 6. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 7. COMPENSATION. Town will pay County for services rendered hereunder: A) Shelter Services: Town will pay the County $500.00 quarterly and reimburse the County the actual expenses the County is charged for veterinary services and euthanasia services. The Town will reimburse the County for unclaimed days as follows: Eight dollars and fifty cents per animal day past the yearly allotment of 235 animal days.The first $500.00 quarterly payment shall be pro-rated by day if the contract becomes effective after the beginning of a quarter. B) On call coverage Services: The Town will pay the County $10.00 per night and per weekend/holiday day/night shift for which County is scheduled to provide services and $50.00 per response for all hours that the County Officers are not on duty. The Town will pay the County $35.00 per call for each call-for -service for all hours that the County officers are on there regularly scheduled shifts. The County will not provide Patrol Service on any basis for the Town. All fees collected at the Eagle County Animal Shelter shall belong to and remain the property of the County, provided that Return-to-owner fees collected shall be credited against the Shelter Service expenses to be reimbursed by the Town. All court fines and costs will remain with the court of venue. The Town will pay the County the foregoing on or before the fifteenth day of the month following receipt of County's bill for services. The bill for services along with the quarterly report shall be presented quarterly. SECTION 8. PERSONNEL. The Eagle County Animal Control Officer shall have full cooperation from the Town of Avon, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Control Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. In the 3 event of any dispute between the parties herein as to the extent of the duties and services to be rendered hereunder or the minimum level or manner of performance of such services, the determination thereof made by the County shall be final and conclusive as between the parties hereto. All persons employed in the performance of such Animal Control Services for the Town pursuant to this agreement, shall be County employees, except for Town personnel used to "secure" the scene as described in Section 3, above, and except for employees of any veterinary hospital providing services to the County. SECTION 9. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or of any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employ- ees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. SECTION 10. TERM AND TERMINATION. This Agreement is deemed to be effective on January 1, 2003 by approval of the Eagle County Board of Commissioners and shall end on the 31 st day of December, 2003. Either party shall have the right to terminate this agreement with or without cause at any 4 time by giving the other party thirty days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. County's agreement with the Town of Avon is contingent upon funds being budgeted and appropriated for that purpose. Town's and County's obligations hereunder after the current fiscal year are contingent on funds being budgeted and appropriated for the purposes of performing the terms of this Agreement. SECTION 11. . GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon. and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon County of Eagle: Town of Avon P.O. Box 975 Avon, Colorado 81620 Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 5 D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and, may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners By: Michael Gallagher Chairman ATTEST: Town Clerk TOWN OF AVON By: Mayor 6 C O L O R A D O MEMORANDUM Office of the Town Clerk Town of Avon, PO Box 975, Avon, CO 81620 970-748-4035 voice 970-949-9139 fax pmckenny@avon.org To: Hon. Mayor and Council Members CC: Bill Efting, Town Manager John Dunn, Town Attorney From: Patty McKenny, Avon Town Clerk W4("? Date: August 6, 2002 Re: Intergovernmental Agreement between Town of Avon & Eagle County for November 5, 2002 Coordinated Election The November 5, 2002 general election will be coordinated by the Eagle County Clerk (Sara K. Fisher). The attached Intergovernmental Agreement is presented by Eagle County in regards to the administration and the conduct of the November 5, 2002 coordinated polling place election. This agreement must be submitted to the County at least 60 days before the election, as required by § 1-7-116(2). SARA J. FISHER EAGLE COUNTY CLERK & RECORDER August 1, 2002 Town of Avon Patty McKenny PO Box 975 Avon, CO 81620-0975 Dear Patty: P.O. Box 537 500 Broadway Eagle, Colorado 81631-0537 (970) 328-8710 www.eagle-county.com Recording: (970) 328-8723 Fax: (970) 328-8716 TDD: (970) 328-8797 Enclosed please find the Intergovernmental Agreement for Town of Avon. In accordance with CRS 1-7- 116(2), September 6, 2002, which is sixty days prior to the date of this November's election, is the last day this agreement can be signed by both parties enabling participation in said election. Authorization for the Chairman to sign this agreement on behalf of the Eagle County Board of Commissioners will be granted on August 28, 2002. All Political Subdivisions are asked to pay special attention to Appendix A. Please do not use tables or columns when formatting your ballot races, questions or TABOR. Do not hesitate to contact this office should you have any questions, comments or concerns regarding the enclosed agreement or the up-and-coming election. Otherwise, I will anticipate receiving this signed agreement prior to the September 6 deadline. Sincerely, 'Ja40- Sara J. Fisher Eagle County Clerk & Recorder P.S. The enclosed calendar is a basic outline of the requirements and duties as defined in the Intergovernmental Agreement. Do not rely on this information regarding aspects of the election for which the political subdivision is specifically responsible. EAGLE COUNTY. COLORADO Coordinated Election Intergovernmental Agreement This Agreement is made and entered into this day of 2002, by and between Eagle County and Town of Avon (hereinafter referred to as "Political Subdivision"), concerning the administration and the conduct of the November 5, 2002 Coordinated Polling Place Election. In consideration of the benefits and promises contained herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as follows: 1. Coordinated and Designated Election Officials Except as otherwise provided in this Section, the County Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. The Political Subdivision shall name a "Designated Election Official" who shall act as the primary liaison between the Political Subdivision and the County Clerk and who will have responsibility for the conduct of the election procedures to be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. 2. Jurisdictional Limitation This agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. 3. Costs The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision and shall submit to the Political Subdivision, a statement of charges (for costs incurred by the County and not billed directly to the Political Subdivision by an outside vendor) within thirty work days following the date of the Election. Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for by the County, postage, rental charges, software updates, related computer hardware and technical support. The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated basis based primarily on the number of ballot issues and/or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. 4. Call and Notice The Political Subdivision shall publish all legal notices relative to the Political Subdivision's election. The County Clerk will publish one notice required by 1-5-205 of the Uniform Election Code in the Eagle Valley Enterprise and the Valley Journal. 5. Petitions: Preparation and Verification The petition process for the Political Subdivision shall be entirely the responsibility of the Political Subdivision, and shall be done in compliance with applicable Colorado statutes, ordinances or charter provisions. This process includes, but is not limited to, approving the candidate or initiative petitions to be circulated within the Political Subdivision, receiving the petitions, and verifying the signatures on the petitions. 6. Ballot Certification The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 55 days before the Election (September 11, 2002)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees. 7. Preparation of Voter Lists All lists shall be provided to the Political Subdivision when specifically requested by the Political Subdivision in writing and in accordance with 1-5-304 of the Uniform Election Code. 8. Tabor Notice Each Political Subdivision shall determine the order of the ballot issues for their Political Subdivision in accordance with the requirements of Article X, Section 20 of the Colorado Constitution. Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election official shall transmit the summaries and any other required material to the Coordinated Election Official no later than 42 days before the Election (September 24, 2002)in final written form and on an IBM DOS formatted 3 1/2 inch Double Density or High Density floppy disk. Appendix A further specifies all format requirements. Disks not meeting these requirements will be subject to additional fees and may be rejected by the County Clerk in the event they can not be reformatted. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3)(b) in the most cost effective manner feasible to all Eagle County residents. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County prior to the deadline for mailing said notice. The County Clerk shall charge each Political Subdivision for costs relating to the Tabor Notice on a prorated basis based on the number of ballot issues and/or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. 9. Appointment and Training of Election Judges All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are needed, the Political Subdivision will be required to provide one individual to serve in that capacity. 10. Testing and Tabulation Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots. 11. Canvass of Votes The Canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than ten days after the Election and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 12. Indemnification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. 13. Cancellation In the event the Election is canceled by the Political Subdivision after the signing of this Agreement and on or before the day of the Election, the Political Subdivision shall be responsible for all expenses incurred on behalf of the Political Subdivision to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. 14. Time is of the Essence The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective the day of , 2002. Designated Election Official for Town of Avon Michael L. Gallagher, Chairman Attest - Sara J. Fisher County Clerk & Recorder Appendix A Coordinated Election Intergovernmental Agreement DISKS Disks must be formatted with IBM DOS 3.0 or higher. All disks submitted must be 3 1/2 inch Double Density or High Density. SOFTWARE FONTS WordPerfect 4.1, 4.2, 5.x, 6.x Word 2.0, 3.x, 5.x, 6.x MS-DOS Text (ASCII file) All fonts must be 10 pt fonts will be accepted: Only the following Arial Times Universe Courier MARGINS Set margins so that text appears in an area measuring 5" x 8 Sides @ 1.75, top and bottom @ 1.5). SPACING All text must have single line spacing. TEXT For TABOR Notice, all ballot issue text must be in CAPITAL LETTERS. Pro/Con statements themselves may appear in upper and lower case. TABLES/COLUMNS Do not use tables or columns in setting up files. These are difficult to reformat and often require type size adjustments. USE TABS to put information in rows and/or columns. PRINT OUT A hard copy must be submitted with the disk and the file name clearly noted on first page. LABELING The disk must be labeled as follows: (example) Political Subdivision Name Contact Name & Phone Number Word-processing Software and Version File Name(s) ELECTION CALENDAR FOR NOVEMBER 5, 2002 COORDINATED POLLING PLACE ELECTION July 29, 2002 Last day to notify County Clerk for coordinated election -1-7-116(5) September 6, 2002 Intergovernmental Agreement due in County Clerk's office - CRS 1-7-116 September 11, 2002 Certify ballot content to County Clerk CRS 1-5-203(1) September 24, 2002 Transmittal of Tabor Notice Summary to County Clerk - CRS 1-7-904 October 4, 2002 Ballots printed and available - CRS 1-5-403 Send absentee ballots within 72 hours CRS 1-8-111 October 4, 2002 Deadline for mailing Tabor Notice Article X, Section 20(3)(b) October 7, 2002 Last day to register to vote for the General Election - CRS 1-2-201 October 21, 2002 Begin early voting - CRS 1-8-202 October 26, 1998 Notice of Election to be published by County Clerk - CRS 1-5-205 October 29, 2002 Last day to request an absentee ballot CRS 1-8-104(3) to be mailed October 30 & 31, 2002 Election Judge Training November 1, 2002 Last day to request an absentee ballot in person CRS 1-8-104(3) Last day for early voting - CRS 1-8-208(3) November 5, 2002 Election Day - Polling location open 7:00 a.m..- 7:00 p.m. November 28, 2002 Complete Canvass of Ballots - CRS 1-10-102 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Directo Date: August 5, 2002 Re: Resolutions No. 02-37 & 02-38 summary: On February 25'h, the Town Council adopted new plan documents for the Public Employees' and Police Officer's pension plans. These plan documents were then submitted to the IRS for their approval. In their favorable determination letter to the Town dated June 13, 2002, the IRS approved the new plan documents. The plans have subsequently been amended to include certain minor changes suggested by the IRS. The resolutions referenced above adopt those amended plans. In addition, the consent agenda contains updated trust agreements for both plans. The only changes are to Article 1.1 revising the investment limitations to be in compliance with the Colorado Revised Statutes and the Article 1.3 adding references to QRDOs. The agreements also reflect the name change from United Bank Asset Management Services to Wells Fargo Bank West. Town Manager Comments: Page 1 RESOLUTION NO. 02-37 SERIES OF 2002 A RESOLUTION ADOPTING AN AMENDED PLAN DOCUMENT FOR THE TOWN OF AVON PUBLIC EMPLOYEES MONEY PURCHASE PENSION PLAN WHEREAS, the Town of Avon maintains a defined contribution retirement plan for certain eligible employees, called the Town of Avon Public Employees Money Purchase Pension Plan ("the Plan"); and WHEREAS, the Town of Avon wishes to amend the Plan to include the changes requested by the Internal Revenue Service in their determination letter dated June 13, 2002; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. That the Plan is amended in the form of the attached document. Section 2. That the Finance Director, as Chairperson of the Board of Retirement, is hereby authorized to execute the Plan. ADOPTED this 13th day of August, 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk RESOLUTION NO. 02-38 SERIES OF 2002 A RESOLUTION ADOPTING AN AMENDED PLAN DOCUMENT FOR THE TOWN OF AVON POLICE EMPLOYEES MONEY PURCHASE PENSION PLAN WHEREAS, the Town of Avon maintains a defined contribution retirement plan for certain eligible employees, called the Town of Avon Police Employees Money Purchase Pension Plan ("the Plan"); and WHEREAS, the Town of Avon wishes to amend the Plan to include the changes requested by the Internal Revenue Service pursuant to their determination letter dated June 13, 2002; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. That the Plan is amended in the form of the attached document. Section 2. That the Finance Director, as Chairperson of the Board of Retirement, is hereby authorized to execute the Plan. ADOPTED this 13th day of August, 2002. TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Patty McKenny, Town Clerk TOWN OF AVON PUBLIC EMPLOYEES MONEY PURCHASE PENSION PLAN Restated to Include Amendments Through December 31, 2001 (Including IRS amendments dated May 6, 2002) TOWN OF AVON POLICE OFFICERS MONEY PURCHASE PENSION PLAN Restated to Include Amendments Through December 31, 2001 (Including IRS amendments dated May 6, 2002) WELLS FARGO BANK WEST, N.A. TRUST AGREEMENT FOR TOWN OF AVON PUBLIC EMPLOYEES MONEY PURCHASE PESNION PLAN September 2000 Revision WELLS FARGO BANK WEST, N.A. TRUST AGREEMENT FOR TOWN OF AVON POLICE OFFICERS MONEY PURCHASE PENSION PLAN September 2000 Revision Memo To: Honorable Mayor and Town Council ,17 Thru: Bill Efting, Town Manager, ' z? L`'. From: Norm Wood, Town Engineetz"/," Anne Martens, Assistant Town Engineer Date: August 8, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 7 Summary: Attached Change Order Number 7 for the East Avon Access & Circulation Streetscape Improvements represents minor modifications required to address actual field conditions encountered in construction. Change Order Number 7 includes sidewalk revisions at Christy Sports, Sanitary Sewer relocation at Tract Q, revisions to the pedestrian access to Benchmark Plaza Building, revisions to landscaping at the Avon Annex and revisions to the storm sewer structure by the Avon Annex. Change Order Number 7 increases the contract amount by $14,902.50 and is reflected in the project summary below. The net effect of this Change Order is to increase the Contract Amount $14,092.50 from $ 2,421,888.60 to $2,435,981.10. Ap proved Project Budget Project Status Construction Contract $2,259,987 $2,259,987 Change Order No. 1 $ 16,234 Change Order No. 2 $ (1,754) Change Order No. 3 $ 1,423 Change Order No. 4 $ 26,120 Change Order No. 5 $ 107,215 Change Order No. 6 $ 12,663 Change Order No. 7 $ 14,092 Engineering Design $ 75,000 $ 75,000 Appraisals $ 35,000 $ 19,000 Legal $ 30,000 $ 30,000 Contract Administration $ 80,000 $ 80,000 Testing Services $ 30,000 $ 30,000 Administration $ 15,000 $ 15,000 Easements & R/W $ 349,430 $ 211,352 Contingencies @ 1.5% $ 42,732 $ 20,817 Total Proposed Budget $2,917,149 $2,917,149 I:AEngineeringACIP\East Avon\4.0 Constriction Documents\4.5 Change Orders\CO No 7 Menio.Doc Approval of Change Order Number 7 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $14,092.00 from $2,421,888.60 to $2,435,981.10. Recommendations: Approve Change Order Number 7 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $14,092.00 from $2,421,888.60 to $2,435,981.10. Town Manager Comments: 1 AEnaineering\CIP\East Avon\4.0 Construction Documents\4.5 Change Orders\CO No 7 Memo.Doc 2 bpi/by/'Lbb'? lb:lb y/by4JJJJy INTEK-MUUNTAIN ENG. PAGE 02 "'Au9• 9. 2002" 9:09AMr':"`ELr,M AT ED'WARDS ..IIV I CR'I"UL]IV (fyAiV CI?1,ar No•U3db rP j r, s CHANCE ORDER Order -No_: 7 Date: $-8-02 Agreement Late: April.15, 2002 NAME OF PROJECT: 2002 East Avon Street Improvements OWNS €: Town o Avon, Colorado CON,rIRACTOK: Blast Construction, _ n _ The following changes are hmby made to the CONTRACT DOCUNC5NTS: Justification. Christy Sport Sidewalk Revision: Remove Sl S of EJilS? Siudewau',. (4onstructGd ir1 tiriVlla jfiA?:?? 'Do vad sry Ali m) U aV.VV1 jC + 4 V_ UV Insiali 81 SF of Sidewaik (correct iocation j ? $0.00/SF Y $ 0.00 Add 154 SF to lt= 2.5 5ideW alk DeMolitian L $3.0015 + $ 462.00 Add 133 SF (214 SY-- 81 SF) to Item 4.7 Concrete Sidewalk & Base Course aG? $6.001SF +S 799,00 Install 64 SF of Concrete Pavers for Walks (revised location) @ $0.00/$F 7?- S 0.00 Delete 110 SF from Item 9.3 Sad w/ Soil P.rep f. 50.60/SF - S 66.00 Tntal +S 1,194.00 Concrete Collar: iViitLV3141GLGl.Ullai WX "3dU*AkCUFJV Iicai v3iy Yiitiicct .tea LrJV.VV T U Lai ')' 1:1 UU Tract Q Sanitary Sewez Pkelocation: Install 177 L,Tr of 6" PVC @a $48.00/LF + $ 8,496.00 Install 4 cl=outs in paved areas @ $75,001Each + $ 300.00 Install 390 Sly of 3" MP paving Hatch (d 53.751SF +S 1.462.50 Survevinv .. +S 650.00 i VLV of Traffic Cnntrn{ (aa $I500,00)Dau y $ 1_SQq,04 Tn??l + c?1,7 AnQ Kn Steps and I.ttntiscape Area g Benchmark. Piaza (Boat Buiading); instal,! 2 Steps g .,5300.00/Step + S 600.00 Irrigation to P otentillas and Turf Area -+-$ 675.04 Furnish and Plant 3 Potentdla + ? 250.00 Total +5 1,525,00 Received Time Aug. 8. 4;39PM 0til0912002 10:10 9709499339 INTER-MOUNTAIN ENG. PAGE 03 il`1 i LI'G-i•>ZJ(Jl`f t sa,?iY CI'1U . /7? ;Uo• Q Q uCA?+ J JE nip 00_ h n-P 2 AT ED? ?? A11 Ln, U u? 1u9u Trees on North Side of Annex: Deduct 1 Each from Rem 9.19 Transplanted spruce. @ S750.00/Each -S 750.00 Deduct 2 Each from Item 9.20 Transplanted Ornamental Tree @ S750.00/Each -S 1,500.00 Arid 3 Each to Item 2.17 Remove Rxisfug Trees @ $155.OOARa-ch 465.00 Total 'S 1,79-5.00 gt,'ta?taxse X35: Deduct I Bach fr cm Item 6.10 7' Dia Nta hole , $60^0.wl,'za; - $ S,ooo,oo Acid 1, 5 ft Square Cam Ln-placa Bw< ?- ? 6,600,00 Tvial + $ 0,00,00 TOTAL. f $ 1,4,092.54 Acceptance of this change order by the CONTRACTOR constitute fult and complete set6ement for all time and money for all direct and indirect cwtb% and impucty flowing not of the chanwes dex-c0bed above. Change to CONTRACT PRICE. + $ 14,092.50 Originat CONTRACT PPJCE: $ 2,259,987.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER 6: S 2,421,888.60 The CONTRACT PRICE due to this CHANGE ORDER will be (mcreased) by S 14,092.50 The new CONTRACTPRTCE including this CH.ANCirE ORDER vAll. be $ 2,435;9$1.10 Change to CONTRACT TDE,,-. The CONTRACT TIME wW be iuczeased by 0 calendar days. The date #'oz completion of all woric will be October 22, 2002 (Date). APPROVALS REQUIRED: Annrnved by Fneinppr• --rr--''- -? . 4z':?.?iECU V,Y f1V?lYG?i?VI ;a.F?s.e ited and Appmveu' by Owner Federal Agency Approval (wliere applicable): CO-7 Rooei'ved Tine W, 8. 4:39pm Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer 1 ?1 Anne Martens, Assistant Town Engineer dA Date: August 8, 2002 Re: Eagle River Recreation Path II - Change Order 1 Summary: Attached Change Order 1 for the Eagle River Recreation Path 11 Project represents minor changes required to address a modification of the pedestrian railing. Change Order Number 1 is for the addition of removable straps on the pedestrian railing to facilitate maintenance of the railing. The net effect of this Change Order is to increase the Contract Amount by $ 2,396.00 from $ 462,443.30 to $ 464,839.30 and is reflected in the project summary below. These changes are typical for this type of construction and are provided for by the contingency item in the project budget. Approved Proiect Budget Proiect Status Construction Contract Change Order No. 1 Surveying / Mapping Preliminary Design Final Design Contract Administration Testing Services Easement - Legal/Title/Appraisals Administration Landscaping ERWSD Parcels Contingency Total Project Budget $462,443 $462,443 $ 2,396 $ 11,100 $ 11,100 $ 19,950 $ 19,950 $ 48,530 $ 48,530 $ 10,800 $ 10,800 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 15,000 $ 15,000 $112,177 $109,781 $695,000 $695,000 Approval of Change Order 1 to the Site Resources Management, Inc. contract for construction of the Eagle River Recreation Path 11 is recommended, increasing the Contract amount $ 2,396.00 from $ 462,443.30 to $ 464,839.30. 1AEngineering\CIP\Ea21e River Ree II\4.0 Construction Docs\4.5 Change Orders\CO Memo 1.Doc Recommendations: Approve Change Order 1 to the Site Resources Management, Inc. contract for construction of the Eagle River Recreation Path II, increasing the Contract amount $ 2,396.00 from $ 462,443.00 to $ 464,839.30. Town Manager Comments: , i 1 AEngineering-UPAEagle River Rec II\4.0 Construction Docs\4.5 Change Orders\CO Memo I.Doc 2 CHANGE ORDER Order No.: 1 Date: August 2, 2002 Agreement Date: June 24, 2002 NAME OF PROJECT: Eagle River Recreation Path II OWNER: Town of Avon CONTRACTOR: Site Resource Management The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Removable straps were added to the pedestricrtn railings. Change to CONTRACT PRICE: $ 2,396.00 Original CONTRACT PRICE: $ 462,443.30 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 462,443.30 The CONTRACT PRICE due to this CHANGE ORDER will be Qncreased)(deerQaw ) by $ 2,396.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 464,839.30 - Change to CONTRACT TIME: No change to contract time The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be per original contract. 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 v From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer 41A- Date: August 8, 2002 Re: Metcalf Gulch Lower Drainage Improvements Change Order Number 6 Summary: Attached Change Order 6 for the Metcalf Gulch Lower Drainage Improvements represents minor changes of quantities of work completed with the project. The modifications in Change Order Number 5 include the deletion of disposal of excess material, deletion of fine grading, roadbase and asphalt at the temporary access to the construction site, and deletion of a layer of stabilization fabric because a larger grade of fabric was used. The majority of the change order is due to CDOT permitting excess soil to remain on site, therefore not requiring the material to be hauled off site. The cost of the Change Order is to decrease the contract amount by $30,948.78. The net effect of this Change Order is to decrease the Contract Amount from $ 557,243.26 to $ 526,294.48. App roved Project Budget Project Costs Construction Contract $552,000 $ 552,000 Change Order No. 1 $ 1,852 Change Order No. 2 $ 1,875 Change Order No. 3 $ 3,200 Change Order No. 4 $ 3,227 Change Order No. 5 ($ 4,837) Change Order No. 6 ($ 30,948) 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 $ 78,631 Total Construction Budget $700,000 $ 700,000 I:\Gngineering\CIP\Stormwater Metcalf-1\4.0 Construction Docs\4.5 Change Orders\CO No 6 Memo.Doc Approval of Change Order 6 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements is recommended, decreasing the Contract amount $ 30,948.78 from $ 557,243.26 to $ 527,294.48. Recommendations: Approve Change Order 6 to the Site Resources Management, Inc. contract for construction of the Metcalf Gulch Lower Drainage Improvements, decreasing the Contract amount $ 30,948.78 from $ 557,243.26 to $ 527,294.48. Town Manager Comments: I:\Engineering\CIP\Stormwater Metcalf-1\4.0 ConstrUction Docs\4.6 Change Orders\CO No 6 Menlo.Doc 2 CHANGE ORDER Order No. 6 Date: 07-23-02 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: Decrease the amount of the original contract price as follows: Delete 231 SY from Item 4.6 (2) layers 140N @ 60" I/O (One layer of 18 ON was used) @ $2.10 SY - $ 485.10 Delete 4800 SF from Item 5.5a Fine Grade Westlake Road @ $0.01/SF - $ 48.00 Delete 176 Tons from Item 5.5b 8" Class 6 @ $0.01/Ton - $ 1.76 Delete 192 Tons from Item 5.5c Asphaltic Concrete @ $0.01/Ton - $ 1.92 Delete 3388 CY from Item 12.1 Disposal of Excess Material @ $10.00 CY - $ 33,880.00 Restore 3468 CY of Item 12.2 Reduce Item 3.3 (Item 3.3 Inplace Channel Embankment) @ $1.00/CY +$ 3,468.00 TOTAL - $ 30,948.78 Change to CONTRACT PRICE Original CONTRACT PRICE $ - 30,948.78 $ 551,926.82 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 557,243.26 The CONTRACT PRICE due to this CHANGE ORDER will be decreased by $_30,948.78 The new CONTRACT PRICE including this CHANGE ORDER will be $_526,294.48 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). CO-6 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable)- CO-6 Memo To: Honorable Mayor and Town Council rf Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer`/ Arnie Martens, Assistant Town Engineer Date: August 8, 2002 Re: 2002 Street Repair and hnprovements Change Order Number One - Adjustment for Final Quantities Summary: B & B, Excavation, hie. has completed all work included in the Contract for the 2002 Street Repair and Improvements. Change Order Number One adjusts the Contract Amount to conform to the actual quantities of work completed with the project. The net effect of this Change Order is to decrease the Total Contract amount by $ 4,601.75 from $152,383.10 to $147,781.35. Discussion: Work in the 2002 Street Repair and hnprovements Contract with corresponding Contract Amounts and changes per Change Order Number One, are as summarized as follows: CO Number One - This change order is for actual quantities for the 2002 Street Repair and Improvements. Actual quantities included a decrease in asphalt, and an increase in asphalt for a leveling coarse, manhole adjustments, and milled area. The net impact of the changes is to Decrease the Contract Amount by $4,601.75 from $152,383.10 to $147,781.35. Attached is a detail of quantities changed. Recommendations: Approve Change Order Number One, to the B & B Excavating, Inc. Contract for construction of the 2002 Street Repair and Improvements, decreasing the Contract Amount by $4,601.75 from $152,383.10 to $147,781.35. Town Manager Comments: C:\Documents\Street Improvements 98\CO #1.Doc CHANGE ORDER Order No.: 1 Date: 8/8/2002 Agreement Date: 7/9/2002 NAME OF PROJECT: 2002 Street Repair and Improvements OWNER: Town of Avon, Colorado CONTRACTOR: B & B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Adjustments of Quantities Reduce Hot Bituminous Pavement, Grading SX, 2 inch overlay, complete in place, including tack coat, compaction and temporary pavement marking control points. Per Ton 193.2 Tons @ $35.74 ($6,904.97) Add Hot Bituminous Leveling Coarse, Grading SX, complete in place, including tack coat and compaction Per Ton 28 Tons @ $44.62 $1,249.36 Add Mill Existing Asphalt. Per Square Yard 216 Sq Yd @ $3.06 Manhole Adjustments, Adjust existing manhole tops to resurfaced pavement grade via grade ring. Per Each 1 Each @ $42.90 660.96 $42.90 Manhole Adjustments, Adjust existing manhole tops to resurfaced pavement grade. Per Each 2 Each @ $175.00 $350.00 TOTAL Change to CONTRACT PRICE Original CONTRACT PRICE: Current CONTRACT PRICE adjusted by previous CHANGE ORDER ($4,601.75) $152,383.10 The CONTRACT PRICE due to this CHANGE ORDER will be decreased by $4,601.75 ($4,601.75) 152.383.10 CO - 1 The new CONTRACT PRICE including this CHANGE ORDER will be $147,781.35 Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased) by 0 calendar days. The date for completion of all work will be August 10, 2002 (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-2