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TC Council Packet 08-26-2008IILSET TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, AUGUST 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN ATTORNEY: JOHN DUNN TOWN STAFF TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 2. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 3. WHITEWATER PARK "BIG AIR" CONTEST AWARD PRESENTATION (Danita Chirichillo, Special Events & Joe Blair, Untraditional Marketing) Awards given for "Avon's Big Air Competition", an online video competition built to gain exposure and get people excited about Avon's White Water Park 4. COMMUNITY INPUT 5. CONSENT AGENDA a. Resolution No. 08-33, Series of 2008, Resolution Appointing Eric James Heil as the Town Attorney and Approving the Agreement for Legal Services with Widner, Michow & Cox, LLP b. Intergovernmental Agreement with Eagle County Clerk & Recorder for November 4, 2008 Coordinated Election (Patty McKenny, Director Administrative Services) Agreement that outlines election responsibilities c. Change Order 002 for 2007 Streetscape Lighting Conversion project (Shane Pegram, Engineer II) Change Order to the 2007 contract with Tri-Phase Electric to include the 2008 lighting project into the 2007 contract d. Change Order 005 for 2007 Street Improvements (Shane Pegram, Engineer II) Change Order to adjust final quantities on West Beaver Creek Blvd. and Sun Rd e. Award contract to Wiss, Janey, Estner Associates, Inc. (WJE) (Shane Pegram, Engineer II) Services for investigation of the Avon Recreation Center's deteriorating exterior masonry fa�ade 6. NEW BUSINESS a. Contract & Proposal for Avon Municipal Code Update (Eric Heidemann, Assistant Town Manager Community Development and Elizabeth Garvin, Clarion and Associates) Review proposed contract for professional services for a major update to the Town of Avon Municipal Code b. Intergovernmental Agreement for Law Enforcement Services within Eagle County (Brian Kozak, Police Chief) Review of an IGA which would allow police officers to have full authority within the unincorporated areas of Eagle County and locations that border the Town of Avon Avon Council Meeting.08.08.26 Page 4 of 5 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, AUGUST 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD AVON rata IA A 1! 0 7. ORDINANCES a. Ordinance No. 08-09, Series of 2008, First Reading, Ordinance amending Chapter 15.12, Electrical Code, Title 15, Building and Construction, Avon Municipal Code (AMC), in order to adopt by reference the 2008 Edition of the National Electrical Code; and setting forth details in regard thereto (Matt Gennett, Planning Manager) 8. RESOLUTIONS 9. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 10. UNFINISHED / OLD BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: September 9, 2008: URA Meeting, Review of Community Organizations Request for Funding, Joint Meeting with Planning & Zoning Commission and Town Council related to community revitalization workshop September 23, 2008: Joint meeting with Eagle County Commissioners and Town Council related to Sustainable Communities Initiative 2010 October 7 & 8, 2008: Budget Retreat 16. ADJOURNMENT Avon Council Meeting.08.08.26 Page 5 of 5 MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Danita Chirichillo — Special Events Supervisor Meryl Jacobs — Director of Recreation and Cultural Services\k-°.1 August 18, 2008 Avon's Big Air Competition Summary: The Recreation Staff hired Untraditional Marketing to oversee all elements of "Avon's Big Air Shootout" which started May 15 and ended on August 15. Avon's Big Air Shootout was an on-line video competition built to gain exposure and get people excited about Avon's White Water Park. A cash $5,000 prize was offered to help encourage participation. Discussion: The video competition was originally scheduled to end on July 15 however, due to the unusually high run off which resulted in challenging conditions, the competition was extended through August 15. This extension allowed for the water levels to drop resulting in five additional video submissions. Considering the unusually high run off that was seen in the Eagle River, Avon's Big Air Shootout was successful in gaining exposure for the park. Untraditional Marketing will be present at the August 26 Town Council Meeting to present awards and answer any questions. Financial Implications: $11,000 was budgeted in 2008 to support the Big Air Competition. $5,000 in prize money and $6,000 in management fees. Town Manager Comments: MEMO TO: HONORABLE MAYOR AND TOWN COUNCIL Through: Larry Brooks, Town Manager FROM: PATTY MCKENNY, DIRECTOR ADMINISTRATIVE SERVICES DATE: AUGUST 21, 2008 RE: RESOLUTION NO. 08-33, APPOINTING TOWN ATTORNEY SUMMARY: Attached is Resolution No. 08-33 Resolution Appointing Eric James Heil as the Town Attorney and Approving the Agreement for Legal Services with Widner, Michow & Cox, LLP as well as the Agreement for Legal Services. After soliciting proposals for legal services and conducting interviews in July, the Town Council agreed to enter into an agreement with Widner, Michow & Cox, LLP. This resolution provides for appointment of a new town attorney effective October 1, 2008. TOWN OF AVON RESOLUTION NO. 08 - APPOINTING ERIC JAMES HEIL AS THE TOWN ATTORNEY AND APPROVING THE AGREEMENT FOR LEGAL SERVICES WITH WIDNER, MICHOW & COX, LLP. WHEREAS, the Home Rule Charter of the Town of Avon states in Chapter X, Section 10.1, that the Council shall appoint a Town Attorney to serve at the pleasure of Council, who shall be admitted to practice in Colorado and shall have been in active practice at least five years prior to appointment; and WHEREAS, the Town of Avon solicited proposals for legal services; and WHEREAS, Eric James Heil of the law firm Widner, Michow & Cox, LLP., submitted a proposal for legal services and Mr. Heil meets the qualifications for appointment as the Town Attorney of the Town of Avon; and WHEREAS, the Town Council of the Town of Avon desires to appoint Eric James Heil to serve as the Town Attorney and desires to retain the law firm of Widner, Michow & Cox, LLP; and WHEREAS, the Town Council desires to promote an efficient transition in the office of the Town Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON: 1. The Town Council hereby appoints Mr. Eric James Heil as the Town of Attorney of the Town of Avon effective October 1, 2008. 2. The Town Council hereby approves the Agreement for Legal Services with the law firm of Widner, Michow & Cox, LLP. attached hereto as Exhibit A and authorizes the Mayor and Town Clerk to execute the Agreement for Legal Services. ACCEPTED, APPROVED AND ADOPTED this 26th day of August, 2008. AVON TOWN COUNCIL [seal] By: Ronald C. Wolfe, Mayor Attest: Patty McKenny, Town Clerk Exhibit A: Widner, Michow & Cox, LLP., Agreement for Legal Services AGREEMENT FOR LEGAL SERVICES 1. Parties. This is a contract for legal services between the law firm of Widner Michow & Cox LLP, a limited liability partnership, (the "Law Firm") and the Town of Avon, Colorado (the "Client" or "Town"). 2. Scope of Legal Services. Unless otherwise agreed by the Client, the Law Firm shall be devoted to representation of Colorado local governments and shall devote its resources toward the provision of services that are of most benefit to the day-to-day and special needs of Colorado local governments. The Law Firm shall provide legal services to the Town of Avon. Mr. Eric Heil shall serve as the Town Attorney for the Town of Avon and shall serve as the principal attorney for the Law Firm to represent and advise the Town of Avon. Mr. Eric Heil shall also serve as the attorney for the Avon Urban Renewal Authority. 3. Compensation. The Client shall pay the Law Firm compensation for services rendered. For legal services performed by Eric Heil, compensation will be based upon an hourly rate of $175.00 per hour through 2008. For legal services provided by Robert Widner, Linda Michow, Maureen Herr Juran, or Tim Cox, compensation will be based upon an hourly rate of $190.00 per hour through 2008. For legal services provided by Mary Conboy, compensation will be based upon an hourly rate of $150.00 per hour through 2008. The Firm customarily increases rates annually to correspond to increases in the local consumer price index. The Client will be notified in writing of rate increases prior to implementation. A. Costs. The Client shall compensate the Law Firm for out-of-pocket fees and costs incurred on the Client's behalf, including but not limited to filing fees, service of process, expert witness fees, court reporter fees, transcript fees, messenger fees, computer research, recording fees, title company fees; a description of such fees is set forth in Attachment A. Such fees will be billed to the Client at the Law Firm's cost without mark- up. The Client shall compensate the Law Firm for mileage expenses for personal use of private vehicles used by the Law Firm's attorneys incurred in the direct and exclusive performance of services for the Town. Mileage shall be charged at the Law Firm's standard mileage rate. B. Travel Time. Travel time to the Town of Avon shall be billed at one-half the total actual time for round trip travel for the first three trips of each month. Additional travel to Avon during any one -month period shall be billed at the total actual time for round trip travel. Travel time for trips in the Denver Metro area related to representation of Avon shall be billed at one-half the total actual time for such trips. C. Estimated Charges. The Law Firm may give the Client an estimate of the anticipated total cost of the matter. The actual charges may vary from the estimate due to unforeseen complexities or difficulties. The estimate is not firm and is not binding on either the Client or the Law Firm. D. Billing; Payment; Late Payment Charge. The Law Firm shall provide to the Client a detailed invoice for all legal services on a monthly basis. Such billings shall separate work and fees associated with specific projects for which the Client accounts separately. The Client shall pay all proper billings from the Law Firm within thirty (30) days of receipt of invoice. Any amounts not paid within thirty (30) days of the date of the bill shall be subject to a late payment charge of 1-1/2% per month (18% per year). If the Client fails to pay any charges within 30 days of the date of the bill the Law Firm may elect to stop all work for the Client. The Client's obligation to make prompt payment of all charges does not depend upon achievement of any specific result. 4. Client. It is understood that the Client, for purposes of this representation, is the Town of Avon, Colorado and not any of its individual officers, directors, employees, or agents unless expressly stated in this Agreement. Although the Law Firm will take direction from the Town Council or the Town Manager of the Town, the Law Firm and Client recognize that the Town Council of the Town is the authorizing entity for purposes of compensation increases or other amendments to this Agreement. The Client grants to the Law Firm the power to execute approved documents connected with the representation of the Client, including pleadings, applications, protests, contracts, commercial papers, settlement agreements and releases, dismissals, orders and all other documents and to represent the Client in matters associated with providing legal services to the Client. 5. Term and Termination. This Agreement shall be effective upon approval by the Client and Law Firm and shall terminate upon written notice by either party. Termination by either party may occur at any time without cause or reason. If the Client discharges the Law Firm, the Client shall pay all fees and costs incurred to the date of termination, and promptly following such payment, the Law Firm shall deliver all files and documents of the Client to the Client. 6. Arbitration. Although the parties do not expect that any dispute between them will arise, in the unlikely event of any dispute under this Agreement, including a dispute regarding the amount of legal fees or costs owed to the Law Firm or the quality of the Law Firm's services, including any claim of malpractice, such dispute shall be subject to binding arbitration. The Client and Law Firm acknowledge that they are waiving their right to seek remedies in court, including the right to a jury trial. (This clause does not prevent the Client and the Law Firm from trying to resolve any dispute through voluntary mediation, but there is no requirement to do so.) -2- Any dispute concerning fees or costs shall be submitted to the Legal Fee Arbitration Committee of the Denver Bar Association and the decision of the Committee shall be final and binding on both parties. Any dispute concerning the quality of the Law Firm's services, including malpractice claims, shall be submitted to a single arbitrator and the decision of the arbitrator shall be final and binding on both parties. A final judgment can be entered on the arbitration award by a court of competent jurisdiction. The arbitrator shall be selected from the Judicial Arbiter Group, Denver, Colorado unless the parties agree otherwise. If the parties do not agree on the selection of a single arbitrator within ten days after a demand for arbitration is made, then the arbitrator shall be selected by the Judicial Arbiter Group from among its available professionals. All arbitrations shall be held in Denver, Colorado unless the parties mutually agree on some other location. All arbitrations shall proceed under the Commercial Arbitration Rules of the American Arbitration Association, except as modified in this Agreement, unless otherwise agreed by the parties. The arbitrator shall have the discretion to order that the costs of arbitration, fees (including expert witness and reasonable attorney fees), and other costs shall be borne by the losing party. Any filing fees or other administrative costs of arbitration shall be divided equally between the Client and the Law Firm. Arbitration of all disputes, and the outcome of the arbitration, shall remain confidential between the parties. 7. Document Retention. Files maintained by the Law Firm as the result of performance of services for the Client pursuant to this Agreement shall be the property of the Client, and upon termination of this Agreement, shall be delivered to the Client. The Firm may, from time to time, relinquish the files on closed and completed matters to the Client for the Client's disposition, storage, or destruction of the file. 8. Privacy Policy. As set forth in Attachment B, the Law Firm has adopted a privacy policy applicable to its representation of the Client. Signature. THE LAW FIRM AND THE CLIENT HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO IT. WIDNER MICHOW & COX LLP TOWN OF AVON, COLORADO By: By: Linda C. Michow Title: Date: Date: ATTEST: By: Town Clerk -3- ATTACHMENT A SCHEDULE OF COSTS Long Distance Telephone Charges: These charges include the actual per minute charge billed to us by our long distance carrier and an additional amount to cover call accounting system and miscellaneous costs. Faxes: There is no charge for faxes received or for faxes sent within the local calling area. For faxes sent outside of the local calling area, the client is charged for the long distance telephone connection. Copying: Document copying charges are $.20 per page for copying done both within the Firm and outside the Firm. Color Printer: Documents printed in-house using the Firm's color printer will be charged at $.75 per page. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. Computer Research: The charge to the client includes the usage amount billed to the Firm for on-line computer services plus an additional amount to cover equipment, telephone, basic subscription costs, taxes, and other overhead costs. Mileage: Mileage is charged at a rate of 44.5¢ per mile driven by the Firm's personnel on client business. This rate is adjusted from time to time to conform with the guidelines published by the IRS. Other Costs: Other third party costs will be billed to clients at the same rate the Firm is billed for the third party services. ATTACHMENT B PRIVACY POLICY NOTICE Attorneys, like other professionals, who advise on certain personal matters, are now required by a new federal law to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, please understand that your privacy is important to us and we have always protected your right to privacy. Maintaining your trust and confidence is a high priority to this law firm. The purpose of this notice is to comply with the new law by explaining our longstanding privacy policy with respect to your personal information. NONPUBLIC PERSONAL INFORMATION WE COLLECT: In the course of providing our clients with financial advisory activities, including estate planning, tax planning and tax preparation services (including income tax, estate tax, and gift tax advice), collecting overdue accounts receivable, and providing real estate settlement services, we collect personal and financial information about our clients that is not available to the public and which is provided to us by our clients or obtained by us with their authorization or consent. PRIVACY POLICY: As a current or former client of Widner Michow & Cox LLP, rest assured that all nonpublic personal information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as is permitted or required by law and applicable ethics rules. CONFIDENTIALITY AND SECURITY: We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. We restrict access to nonpublic, personal information about you to those people in the firm who need to know that information to provide services to you (and their support personnel). In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards as well as federal regulations. Please call the attorney you work with if you have any questions. Your privacy, our professional ethics, and the ability to provide you with quality service are very important to us. MEMO To: Mayor and Council Members Thru: Larry Brooks, Town Manager From: Patty McKenny, Director Administrative Services vev Date: August 18, 2008 Re: Intergovernmental Agreement between Town of Avon & Eagle County for November 4, 2008 Coordinated Election Summary: The November 4, 2008 general election will be administered as a coordinated election by the Eagle County Clerk (Teak Simonton). The attached Intergovernmental Agreement is presented by Eagle County in regards to the administration and conduct of the November 4, 2008 coordinated election. This agreement must be submitted to the County at least 60 days before the election, as required by § 1-7-116(2), August 26, 2008. In light of the cancellation of Avon's first August meeting, the Eagle County Clerk was made aware of the timeframe in which Council would consider this agreement. Teak Simonton indicated she would accept the IGA upon approval from Avon's Town Council on August 26, 2008. Background: The Town of Avon has participated in this type of coordinated election for its municipal election in the past. Discussion: The Agreement addresses the role of the Election Officials, how costs are incurred, the Preparation & Verification of Petitions, Ballot Certification, Preparation of Voter Lists, and various other election topics. John Dunn has reviewed the agreement as well. Financial Implications: There are financial implications in administrating the election that have been budgeted in the 2008 budget ($5,000). Town Manager Comments: 1 Eagle County Intergovernmental Agreement November 4, 2008 Coordinated Election This Agreement is made and entered into this DU, day of , 2008, between Eagle County and (The Town of Avon) (hereinafter referred to as 'Political Subdivision'), concerning the administration and the conduct of the November 4, 2008 General Election. 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. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. County Clerk Responsibilities The County Clerk shall perform the following services and activities for the Political Subdivision's Election: 1. Determine the 'least cost' method for mailing the Ballot Issue Notice (TABOR Notice) packet, and determine the portion of such cost to be applied to the Political Subdivision. 2. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political subdivisions to produce the TABOR Notice packet. 3. Include in the TABOR Notices mailed to each household where one or more eligible electors reside, voter notification information which will include household address, precinct number, the specific election being noticed and other applicable information. 4. Address the packet to 'All Registered Voters' at each address of one or more active registered electors within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR Notice to persons other than active electors of the Political Subdivision if such sending arises from the County Clerk's efforts to mail the TABOR Notice packet at 'least cost'. 7/2312008 G: Elections12008 Election \IGA\IGA 2008.doc Page 1 of 7 5. Be responsible for placing the TABOR Notices received from the various political subdivisions participating in the election in the proper order in the TABOR Notice packet. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 6. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election. 7. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the County Clerk hereunder no later than 60 working days following the Election. Exercise all reasonable diligence, care and control in providing these services to the Political Subdivision. 8. Give assistance and information to the Designated Election Official of the Political Subdivision on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 9. Adhere to all applicable provisions of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. Political Subdivision Responsibilities The Political Subdivision shall perform the following services and activities for the Political Subdivision's Election: 1. Identify a 'Designated Election Official' to act as liaison between the Political Subdivision and the County Clerk. 2. Determine the ballot issues to be voted upon at the Election. 3. Include, within its Ballot Issue Notice (TABOR Notice), ballot titles in this order of preference: • Citizen Petitions: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt • Referred Measures: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt 4. Determine the ballot title and text. 5. Summarize written comments concerning ballot issues following receipt of such comments from the eligible electors of the Political Subdivision and the public. Such TABOR Notice shall include: • The ballot title, text, and local election office address and telephone number. • Fiscal information to be included in the TABOR Notice. • Written comments concerning ballot issues in accordance with C.R.S. 1-7-901(2) 6. Provide the Political Subdivision's completed TABOR Notice to Teak J. Simonton, County Clerk in the format described in Appendix A. 7. The Political Subdivision shall provide mailing labels for eligible property owners to the County Clerk on or before September 25, 2007 for the mailing of TABOR Notices. (Appendix B) 8. This submission may not be changed by the Political Subdivision following submission to the County Clerk without written approval from the County Clerk (such approval may be withheld for any or no Page 2 of 7 7/23/2008 G:AEIectionsl2UUtf tiectionAGA\IGA 2008.doc reason), and shall be provided to the County Clerk no later than the 42"d day preceding the Election. (Appendix B) 9. Exercise all reasonable diligence, care and control in providing these services to the County Clerk. 10. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 11. Adhere to all applicable provision of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. 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 sixty (60) work days following the date of the Election (Appendix B). 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 the County, postage, rental charges, technical support, and TABOR Notice printing and mailing. 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, active voters, 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 minimum charge for coordinating the election with the County Clerk shall be $250.00 The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. Call and Notice 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 no later than 20 days prior to the Election (Appendix B). Petitions: Preparation and Verification The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions, approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the petitions. 7:2312008 G:\Elections\\2008 ElectionlIGA11GA 2008.doc Page 3 of 7 The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition signatures. Ballot Certification The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days before the Election in final written form using the format requirements specified in Appendix A. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has responsibility to proofread and edit the text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot text the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or race on the printed ballots. 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. TABOR Notice 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 in final written form in accordance with the specifications required in Appendix A. Submissions not meeting these requirements will be rejected by the County Clerk. 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 with targeted mailing to active registered voters in zip codes 81657 and 81658. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County by September 25, 2007 (Appendix B). 7/23/2008 G:AElections\200ti EIection\IGAIIGA 2008.doc Page 4 of 7 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. Property Owner Lists (Applies Only to Political Subdivisions Whose Eligible Electors include Property Owners) The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 C.R.S from the Assessor. The cost of the list is provided by statute and shall be paid directly to the Assessor by the Political Subdivision. The Political Subdivision's staff shall be solely responsible for any work required on the Assessor's list and may contact the County Clerk if access to voter registration records is required. Street Locator List Appendix C to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the responsibility of the Political Subdivision to review the list and correct any errors. A Statement of Certification, Appendix D, must be signed by the Designated Election Official for the Political Subdivision and returned to the County Clerk along with any changes to the Street Locator List, accompanied by the signed Intergovernmental Agreement 70 days prior to the Election, August 28, 2007 at 4:00 p.m. (Appendix B) 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 may be required to provide one individual to serve in that capacity. 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. 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 seventeen (17) days after the Election (November 21, 2008) 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. 7/23/200/1' G: Elections zuuo ec+vnuvN,ivx zuuo.uoc Page 5 of 7 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. Cancellation In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision shall not cancel the election after the 25th day prior to the Election (Appendix B). The Political Subdivision shall be responsible for all expenses incurred on their behalf 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. All costs incurred or contracted for by the County Clerk to support the Political Subdivision's portion of the TABOR Notice shall be reimbursed by the Political Subdivision. Upon receipt of the invoice the Political Subdivision shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of such notice. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. Notices Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: • three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; • immediately upon hand delivery to Teak J. Simonton, County Clerk,; or 7/23/2008 G:\Elections\2008 Election\IGAUGA 2008.doc Page 6 of 7 • immediately upon receipt of confirmation that a fax was received; To County Clerk: Teak J. Simonton Eagle County Clerk and Recorder 500 Broadway P.O. Box 537 Eagle, CO 81631 To Jurisdiction: Time is of the Essence Pan -,l ekew6 Fb8gri5 a(O & Co € 1b -,o Per C.R.S. 1-7-116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder seventy (70) days prior to the Election, Tuesday August 26, 2008. 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 a� � day of 41^-3t4;"-- 2008. c a 3 . tnc-K e_n Desi9 d Election Official For The Town of Avon l'At oe. % 761., c av _ r Dtifl& cLc to . Attest: Chairman Teak J. Simonton Date Eagle County Board of Commissioners Clerk and Recorder 7/23/2008 G:\Elections\2008 Election\IGA\IGA 2008.doc Page 7 of 7 Appendix A Requirements for Formatting Submissions November 4, 2008 General Election Intergovernmental Agreement Media Text will be accepted via email Compact disk or via email attachment Software Word version 2000 or above Text Times New Roman Fonts 10 Margins 1" top and bottom 1 sides % Spacing Single 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. Printout A hard copy must be submitted with the electronic version with the file name clearly noted on the first page. Labeling Name of political subdivision and date of election -, s,20. .... ._.: .....:.:£?n..:a..1, :.: _.:.,..:.( n, ..,rt\Gri =??pC:?E;.IX:i 2.0=M AcceJt"' <. .. .3 ea".I.. e.... .;.. Appendix B Calendar NOVEMBER 4, 2008 General Election While this Calendar may not include all significant dates, some key dates are identified for your reference July 25, 2008 August 26, 2008 September 5, 2008 September 23, 2008 September 23, 2008 October 3, 2008 October 6, 2008 November 4, 2008 November 21, 2008 Notify County Clerk if action has been take to participate in the coordinated election C.R.S. 1-7-116(5) Intergovernmental Agreement due in County Clerk's office C.R.S. 1-7-116(2) Last day for Political Subdivision to submit certified ballot content to the County Clerk. 1-5-203 Deliver full text of ballot issue notices to County Clerk C.R.S. 1-7-904 Deliver mailing labels and postage for eligible out of county voters to County Clerk Deadline for mailing Tabor Notice Article X, Section 20 (3) (b) Last day to register to vote for the General Election — CRS 1-2-201 Election Day — All ballots must be received by 7:00 p.m. Complete Canvass of Ballots C.R.S. 1-10-102 Appendix C Eagle County Intergovernmental Agreement November 4, 2008 General Election This Appendix is the Street Locator List for the specific participating District G:'dcie tions'\2 CY 3 Elef.iIlOr`aIGA\ICA Appendix C 200 S;roet Locat X.dao 1-1 GO 0 0 N M N 0 Address Library Report C 7 0 U HCF Description a N Unit Type Unit St. Type Post Dir House Number Type Pre Dir Street 00000 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N NNNN NNNN N N N N N N N N N to u!).,o �tO VD to ',o ',o ti) �',o ',o �o �',o k0 'O 'o 'otf) ',o CO ▪ CO CO 00 00 • 03 • 03 CO 03 CO CO CO 03 CO CO CO 00 03 • CO • 03 ▪ o 03 CO CO CO z z z z z z z z z z z z z z z z z z z z z z z z z O O O O O O O O O O O O O O O O O O O O O O O O O > > > > > > > > > > > > > > > > > > > > > > > > > a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 2605-2690 N 0 M N O M N .-1 M o,I � v ICA On Ian o 0 CO 0 0 7 N V 0 0 0 0 0 0 0 0 0 0 0 0 .-4 U) 0 00 O3 •-1 V •-1 M 0 .-1 .••1 r1 .-1 .••1 .-1 .••1 .-1 1/40 CO CO .•i N M l0 p .ti `I'.- 0 .ti O N ,4 1..4 .••1 .-i CO .••1 O O 7 N4 0 0 .•1 .� .-1 In In tO tO O 0 •-1 .-1 N 0 M l 00 .ti 7 .-4 .-1 0 0 0 0 0 0 0 0 .-1 t0 0 coW l 0 OCL • ce ce CL CL ce o3 z O BEARTRAP BENCHMARK BENCHMARK BENCHMARK BENCHMARK BENCHMARK BLUE FLAX BLUE FLAX 0 cc BUCK CREEK O 0 0 0 0 0 0 0 0 0 0 0 0 > > > > > > > > > > > > > m m m CO CO CO m m m CO m CO CO a Y Y Y Y Y Y Y Y Y Y Y Y Y Y U UUUU UUUUUUUUU cLcerYcLcLcLcLcLcLcLcLrYcLcL > > > > > > > > > > > > > > m m m m m CO m m m m CO m m m 3 3 3 3 3 3 3 3 w 3 3 3 3 vi o; vi vi u-; Iri If Ir; u Iri I<i v; 0; o; 0; a; o; o; a; ui ui Iri I) I ) .••1 N N N .-4 N .-1 N N .••� .••� .••� N N .•4 N N N N .•i .-4 .-1 N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O N 01N O N O N O N 431N O N O N 01N 01N O N O N O N 01N O N (T1N O N O N O (-4 O N O N O N ON .-4 . 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Statewide Colorado Registration and Election CO 0 0 N M N 0 Address Library Report a) rn w 0 HCF Description N • U Unit Type Unit St. Type Post Dir House Number Type Pre Dir Street Ti a` O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NN NNNN NNNNNNNN NNNN NNNN NN 10 10 (o (0 10 10 (o (o (0 10 (o (o to .o (0 10 (o (o (o (0 10 10 (o CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO z z z z z z z z z z z z z z z Z z z z z z z z z O O O O O O O O O O O O O O O O O O O O O O O O > > > > > > > > > > > > > > > > > > > > > > > > < < < < < < < < < < < < < < < < < < < < < < < < 10 O O 0 to. -1 .-1 .-1 co m CO a. 0 0 0 10 01 10 4.0.-1 N 0 N CO O. 01 01 cr cr 0 N W l!1 (O 1� O O 01 01 01 01 01 01 N N .-1 O a N O O to .-i .1 N O m W 01 O O (O A .ti 10 10 .-1 m 0 0 CO 01 01 01 Tr 0 N 7 10 10 N CO CO O1 O1 01 O. O. O1 N N 01 O 0 0 0 0 O 0 0 0 0 O✓ > > > > > > > > > > > a m a m m m m m m m m m m Y Y Y Y Y Y Y Y Y Y Y Y Y a' a' O! O! O_ a' a' a' Oe a' a' a' a' W U U U U U UUUUUUU U a C' C' C' a' O_ O! Oe a' a' O! O_ O_ a' Q > ▪ > > > > > > > > > > > > U 3 3 3 3 3 3 3 3 3 CHAPEL ALLEY CHIMING BELLS 5501-5591 COYOTE RIDGE 2403-2492 DRAW SPUR 3000-5381 EAGLEBEND 5300-5391 w a 4500-4590 FLAT POINT 2323-2394 X O GOLDEN ROD GROUND PLUM (ri (ri ui ui vi in (ri ui ui Oi ui (ri Oi (ri ui (ri Oi O. ui Oi Oi Oi (ri vi 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 01 N 01 N O1 N CNN 01 N CNN GIN CNN 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 N 01 (NJ O .'.� LO •`..� lO ...� l0 01 l0 •.0.1 LO •,..1 •-I • i `..� i '..� l0 ...� ix)i 0..1 to .-1 to .-1 l0 .-1 (JD to .-1 ,..1 l0 .••1 i l!) 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O O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NNNNNNNN NNNN NNNN NNNN NNNNN 0 0 00 00 00 0 00 00 0 00 00 00 00 00 00 00 00 00 O 0 00 00 t0 0 0 O CO CO CO CO O CO CO O CO CO CO CO CO O CO O CO CO CO CO CO CO CO CO Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O O O O O O O O O O O O O O O O O O O O O O O O O > • > > > > > > > > > > > > > > > > > > > > > > > > < < < < < < < < < < < < < < < < w O < < < < < < < 1001-1001 0 0 Ch ri 0 1910-1910 1990-1990 2000-2000 Z Z Z Z Z 37243-37243 37247-37247 37305-37305 38609-38609 • 0 00 t0 00 I • I I I I • I I I I 2900-2967 4313-4391 2820-2825 4142-4191 2100-2195 5100-5209 o .-1 lA N .-1 OO N .••1 lA N .••1 N 01 - OO LA 1 7 NN F J 00 c Z ce ce JUNE CREEK JUNE POINT a. a. In 0 w LITTLE POINT LONG SPUR Z J CD o z MOUNTAIN SAGE MOUNTAIN SAGE 4611-4691 NORTH POINT N 0 .-1 0 .••1 N N i O 0 0 0 ce ce ce re C O V ZEMEM < < < < = I I I (7 (7 (7 (7 c Z z z z FFFF O O O O O +� Z Z Z z O ILO 0 0 U Iri Iri Iri vi vi Oi Oi Oi vi Iri Oi Oi Oi Oi Oi Oi Iri Oi Iri vi Oi Iri Iri Iri vi N N N N N N N N N .••1 .-I N .••I .••1 .-1 N N N N .-I .••1 N .••1 .-I N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O1 N GIN N N N Cf .-1 Cr) .-1 O1 N N 01 N N N (Nj CNN ON N N O) N Oh N N N MN MN MN l0 .••1 l0 •� l0 •� l0 '"1 l0' l0 •"I t0 .- .••1 .-1 .••1 •.••1 . r•i . r•1 . .•I . r-1 . r-1 .-I . N . r•i .•y ,y . ,y . 'y ,y 0 Q) �O UO N U0 •-1 UO 0 VO 0 U0 0 VO O t0 O VO O UO O VO O VO O V) O UO O LO 0 UO O VO O1 �0 i.+ 0 CO 0 0 m0 N 0 OO 0 OO 0 In 0 CO 0 In 0 N 0 lf) 0 00 0 In O OO O CO O In O In O In O OO O In O OO 0 In O In N CO f0 CO0 O 0 O CO0 O CO O 0 OU 0 O O O o O CO O CO O o O o O o O CO O o O o O CO O CO O o O o O o O o 0 CO 0 o N o () O NU NU N))) NO NU NV NV) NV) NV NV) NV NO NV NV NO NV) NV NO NV) NO NO N0 NU N In N (A N In N (n N In N (n N (n N In N (A N In N (A N (A N (A N In N In N (A N (n N In N In N (n N In N (n N (n N In N In N CO 0 0 N M N N 0 Address Library Report ea rn w C U HCF Description O O O O O O O O O O O O O O O O O O O O O O NNNNNNNNNNNNNNNNNNNNNN 0. to to to to to to to to tO t0 to tO to to to t0 tO to tO to to t0 N 0 co 0 00 0 00 0 0 00 0 0 0 00 00 00 0 0 0 00 00 0 00 z z z z z z z z z z z z z z z z z z z Z z z O O O O O O O O O O O O O O O O O O O O O O U Unit Type Unit H < < < < < < < < < < < < < < < < < < < < < < St. Type Post Dir House Number Pre Dir Street O O N M LA N O O 7 L In 2100-2555 CL CL CL NOTTINGHAM NOTTINGHAM 2810-2890 ONEAL SPUR a, to N a, o Ot .4 t0 .-I t0 O A lA IT t0 t0 O 00 M 7 00 .-1 N PAINTBRUSH PAINTBRUSH 2110-2490 2800-2807 1270-1270 2000-3190 4010-4495 4700-5796 w 5016-5016 5050-5050 1002-1709 a -J0 0 oc 0 0 0 0 0 0 0 0 CO -J Ce 0 O< C! ce ce ce O< K C! W O 0! H � 0 n: a. a. ROSE CROWN SADDLE RIDGE SHEPHERD SHOOTING STAR STONEBRIDGE SWIFT GULCH SWIFT GULCH O 0 0 0 0 0 O 0 0 0 0 0 0 0 4). lA )ri Oi a1 it; )ri )ri )ri it; a1 a1 In )ri )ri )ri vi ai ai a1 a1 Oi )ri 4 O O o O o O O O O O O O O O O o O O O O O O N Fr, N O1 N Ot N at N Ot N O1 N O1 N O1 N Ot N O1 N at N at N O1 N O1 N O1 N at N Ot N (Try CNN ON N ON N a1 N .ti O .ti t0 .ti t0 .••0 t0 .ti 1/4O t0 O O 7 t0 O t0 O 1/4O 1/4O O t0 v -I 1/4O LA t0 O o O t0 O t0 .ti t0 O t0 t0 t0 O t0 O W7 O LAO LA O lA O In O LAO IA O to O lA O N O 'no lA O 'no In o In M to M lA O IA O in O 'no 'no lA O IA O i O o00 0o O 00O 00O 00O 00O 00O 00O 00O 00O 00O 00O 00O 00.0, co.E 00 00O 00 O 00O 00O 00O 00 . V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N V) N (/) Statewide Colorado Registration and Election Appendix D Eagle County Intergovernmental Agreement November 4, 2008 General Election Statement of Certification — Street Locator List I, L. , as Designated Election Official for (T f Avon), do y certify that the Street Locator List provided to the District has been reviewed, corrections made, and to the best of my knowledge I believe it is a true and complete list of the addresses located within the District. rr?cNI(.e_cov, Desi natd Election Official for Town of Avon gI(S foe Date G:\Elections\2008 Election ':iGAAi A Appendix L) 2006 Atlidavii. of StreeTs by Spec r..)i si..doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer(' fY Shane Pegram, Engineer II Date: August 15, 2008 Re: 2007 Steetscape Lighting Conversion Change Order 002 Summary: The Streetscape Lighting Conversion project was initiated in 2006 to replace existing fixtures, arms and poles that are in poor condition due to exposure to the elements. The new fixtures comply with the Town of Avon down cast lighting ordinance. The 2008 Avon Streetscape Lighting Conversion project consists of replacing light fixture heads, arms and poles along West Beaver Creek Boulevard, East Beaver Creek Boulevard, East Benchmark Rd, Beaver Creek Place and Avon Road. Change Order 002 (Exhibit A) adds the 2008 project to the 2007 Contract with Tri-Phase Electric. Staff recommends approval of Change Order 002. Previous Council Action: November 11, 2007 Construction contract for the 2007 Streetscape Lighting Conversion Project (Nottingham Rd, Sun Rd, Chapel Place, and Avon Rd) awarded to Tri-Phase Electric. March 25, 2008 Approved Change Order 001, installation of 36 light poles, to the 2007 Street Improvement Project. Discussion: The 2007 Avon Streetscape Lighting Conversion contract includes replacement of 56 light fixtures, 37 fixture arms, and 36 light poles. The 36 light poles were added with Change Order 001 to allow installation of the new fixtures and fixture arms, and to provide one standard light pole. Tri-Phase Electric has hands on experience with the existing TOA fixtures because of their involvement with the 2007 project and the ongoing lighting maintenance they perform for Public Works. Therefore, Engineering staff requested Tri-Phase Electric to inspect the lights scheduled to be replaced for 2008 and provide a proposal for installation of new fixtures, fixture arms and poles for the 2008 Lighting Conversion Project. The proposal, dated August 11, 2008 (Exhibit B), includes replacement of 61 light fixtures, 43 fixture arms, and 31 light poles for $206,135. The unit prices quoted are in line with 2007 prices with the exception of the increase in the price of materials. Financial Implications: Currently there is an excess funding of $30,995 in the 2007 budget for the Avon Streetscape Lighting Conversion. This excess funding for 2007 is available for use with the 2008 budget of $200,000. Staff recommends approval of Change Order 002, in the amount of $206,135 for replacing 61 light fixtures, 43 fixture arms, and 31 light poles. • Recommendation: Approve Change Order 002 in the amount of $206,135 for replacing 61 light fixtures, 43 fixture arms, and 31 light poles. Town Manager Comments: Attachments: Exhibit A — Change Order 002 Exhibt B — Tri-Phase Proposal, dated August 11, 2008 • Page 2 EXHIBIT A CHANGE ORDER Order No.: 002 Date: August 15, 2008 Agreement Date: _September 17, 2007 NAME OF PROJECT: 2007 Lighting Conversion OWNER: Town of Avon, Colorado CONTRACTOR: Tri-Phase Electric Company The following changes are hereby made to the CONTRACT DOCUMENTS: • Installation of 61 light fixtures • Installation of 43 fixture arms • Installation of 31 light poles • Extend Contract to Dec 31, 2008 Justification: $104,188.00 $ 41,280.00 $ 60,667.00 The 2007 Avon Streetscape Lighting Conversion contract includes replacement of 56 light fixtures, 37 fixture arms, and 36 light poles. The 36 light poles were added with Change Order 001 to allow installation of the new fixtures and fixture arms, and to provide one standard light pole. Engineering staff requested Tri-Phase Electric to provide a quote for installation of the fixtures, fixture arms and poles for the 2008 Lighting Conversion Project. Change to CONTRACT PRICE: $206,135.00 Original CONTRACT PRICE: $112,240.40 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $186,501.80 The CONTRACT PRICE due to this CHANGE ORDER will be increased by $206,135.00 The new CONTRACT PRICE including this CHANGE ORDER will be $392,236.80 Change to CONTRACT TIME: Extend Contract to December 31, 2008 CO -2 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 EXHIBIT B Tri Phase Electric Company 0325 Hardscrabble Road Gypsum, CO 81637 Phone (970) 524-7135 NAME / ADDRESS Town of Avon PO Box 975 Avon, CO 81620 Attn: Shane Pegram PROPOSAL DATE PROPOSAL NO. 08/11/2008 2409 PROJECT 2008 Lighting DESCRIPTION QTY COST TOTAL Scope of Work: 1. Provide and install (61) AAL lighting fixtures 2. Provide and install (43) AAL banner arms 3. Provide and install (31) AAL poles ***Fixture and arms have increase in price for 2008 - poles remained the same as 2007 61 43 31 1,708.00 960.00 1,957.00 104,188.00 41,280.00 60,667.00 If you have any questions or if we can be of further assistance, please call. Thank You. TOTAL $206,135.00 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineerrj(j4 Shane Pegram, Engineer II Date: August 15, 2008 Re: Change Order 005 - 2007 Street Improvements Summary: B&B Excavating is nearing completion of the 2008 Annual Street Improvements. Change Order 005 (Exhibit A) is proposed to account for final adjustments to bid quantities and additional work that Town of Avon engineering staff directed the contractor to complete on Sun Road and West Beaver Creek Boulevard. The additional work is for items that were not included in the construction plans. Previous Council Action: November 14, 2006 Design contract for the 2007 Annual Street Improvements Project (Wildridge Road West, Wildridge Road East, Saddleridge loop, and West Beaver Creek) awarded to Intermountain Enginering (IME). March 27, 2007 Construction contract for the 2007 Annual Street Improvements Project awarded to B&B Excavating. Wildridge East removed from contract due to budget constraints. May 8, 2007 Wildridge Road West removed from contract to allow further investigation into including a pedestrian lane along its full length. Staff directed to replace work with alternate overlay projects. May 22, 2007 Approved Change Order 001 — Removal of Wildridge Road West, addition of overlays for Long Spur and Fox Lane, and Beartrap Road travel lane narrowing and pedestrian lane addition. November 11, 2007 Approved Change Order 002 — Adjustment of 2007 final quantities. January 8, 2008 IME's contract for redesign of Wildridge Road West approved. April 22, 2008 Approved Change Order 003 - 2008 Annual Street Improvements, including Wildridge Road East, Wildridge Road West, Longsun Lane and Sun Road. West Beaver Creek Blvd overlay was removed from the change order. May 13, 2008 Approved Change Order 004 — West Beaver Creek Boulevard sidewalk, curb and gutter, and striping improvements. Discussion: The 2008 Annual Street Improvements Project is comprised of the Wildridge Road East and West (Wildridge Loop) asphalt overlay/lane narrowing and pedestrian lane addition, Longsun Lane asphalt overlay, and Sun Road asphalt overlay and West Beaver Creek Boulevard sidewalk, curb and gutter, and striping improvements. Change Order 005, items 1 thru 11, reconciles the as -built quantities with bid quantities. Delivery/Batch tickets and field measured as -built conditions were used to calculate final adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering staff. Change Order 005, items 12 thru 21, lists additional work that was not included in the original contract. This work included over excavating and replacing unsuitable soils beneath sidewalks and curbs, landscaping and irrigation, removal and replacement of concrete pavers, concrete fillets at parking lot entrances, sidewalk removal and replacement for repair of a TOA irrigation leak, and repair of the East Benchmark Rd cross walk near Pier One. Financial Implications: Project Budget is summarized as: Construction Project Administration Geotechnical Investigation Contingencies Total Project Budget Current $ 1,326,900.00 $ 8,000.00 $ 6,200.00 $ 135,000.00 $ 1,476,100.00 Proposed $1,402,124.00 $ 8,000.00 $ 6,700.00 $ 59,276.00 $ 1,476,100.00 Recommendation: Approve Change Order 005 to the contract with B&B Excavating in the amount of $75,223.70. Proposed Motion: I move to approve Change Order 005 to the original contract with B&B Excavating in the amount of $75,223.70. Town Manager Commen NOTES: Exhibit A — Ch Order 005 • Page 2 EXHIBIT A CHANGE ORDER Order No.: 005 Date: August 15, 2008 Agreement Date: April4, 2007 NAME OF PROJECT: 2007 Street Improvements OWNER: Town of Avon, Colorado CONTRACTOR: Oldcastle SW Group, Inc. dba B&B Excavating The following changes are hereby made to the CONTRACT DOCUMENTS: Item Item Description Bid Change Unit Unit CO Bid Quantity Adjustment Sun Road. Quantity Order Price Amount 005 1. 2.10 Saw Cut Existing Asphalt 100 187 LF 3.02 564.74 2. 3.1 Asphalt Concrete Overlay 274 (38.72) TON 77.69 (3,008.16) 3. 3.3 Spot Repair Asphalt 27 (5.07) TON 181.12 (918.28) 4. 3.6 R&R Existing Curb and Gutter 130 37 LF 55.82 2065.34 5. 3.7 R&R Existing Sidewalk 665 215.7 SF 19.12 4,124.18 6. 3.9 R&R Concrete Cross Walk 1 (1) LS 4890.24 (4890.24) 7. 4.3 Grout Repair Existing Catch Basins 2 (2) EA 3,934.38 (7,868.76) West Beaver Creek Boulevard 8. 3.6 R&R Existing C&G 100 182 LF 51.32 9,340.24 9. 3.7 R&R Existing Sidewalk 765 85 SF 18.90 1,606.50 10. 3.8 R& R Existing ADA Ramp 9 1 EA 3794.00 3,794.00 11. 3.90 R&R Existing Concrete Pan 50 (50) LF 71.46 (3573.00) Additional Work Sun Road 12. ADA Ramp Muck ex & Subgrade Prep 1 LS 22,821.39 22,821.39 13. R&R Pavers 1 LS 1,678.00 1,678.00 14. Remove Asphalt for patches 1 LS 3,977.72 3,977.72 15. Landscaping/Irrigation 1 LS 2,230.00 2,230.00 16. Concrete Fillets 1 LS 6,099.28 6,099.28 West Beaver Creek Boulevard 17. ADA Ramp Muck ex & Subgrade Prep 1 LS 21,103.89 21,103.89 18. Landscaping/Irrigation 1 LS 1,762.41 1,762.41 19. Remove Sidewalk for irrigation repair 1 LS 3,354.70 3,354.70 20. Concrete Fillets 1 LS 6,785.10 6,785.10 East Benchmark 21. Repair Paver Crosswalk (Pier One) 1 LS 4,174.65 4,174.65 Total $75,223.70 CO -1 Justification: Change Order 005, items 1 thru 11, reconciles the as -built quantities with bid quantities. Delivery/Batch tickets and field measured as -built conditions were used to calculate final adjustments to original bid quantities. As -Built quantities were verified by Town of Avon engineering staff. Change Order 005, items 12 thru 21, lists additional work that was not included in the original contract. This work included over excavating and replacing unsuitable soils beneath sidewalks and curbs, landscaping and irrigation, removal and replacement of concrete pavers, concrete fillets at parking lot entrances, sidewalk removal and replacement for repair of a TOA irrigation leak, and repair of the East Benchmark Rd cross walk near Pier One. Change to CONTRACT PRICE: $75,223.70 Original CONTRACT PRICE: $599,688.94 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $1,930,317.40 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $75,223.70 The new CONTRACT PRICE including this CHANGE ORDER will be $2,005,541.10 Change to CONTRACT TIME: Completion date will be extended to August 31 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer? (I' Shane Pegram, Engineer II Date: August 19, 2008 Re: Wiss, Janey, Elstner Associates, Inc. Proposal for Recreation Center Investigation Summary: Town staff requested that Wiss, Janey, Elstner Associates, Inc. (WJE) provide a proposal (Exhibit A) for investigation of the Avon Recreation Center's deteriorating exterior masonry facade. WJE's investigation proposal, dated August 18, 2008, includes a field investigation of the existing masonry facade, the existing roof, and humidity levels in the pool area. WJE will then provide a written report summarizing their findings and a recommendation for proceeding with repairs. Staff recommends approval of WJE's proposal for the sum of $6,000. Background: The existing masonry facade on the Town of Avon Recreation Center has begun to deteriorate. A walkthrough of the structure was conducted by WJE and Engineering staff during the month of July to determine a plan for investigation of what has caused the deterioration. The walkthrough revealed efflorescence, spalling and erosion of the CMU in several locations. Discoloration and corrosion of the existing metal soffit in several locations was also noted. The worst locations are adjacent to the pool area. Discussion: The efflorescence, spalling and erosion of the CMU indicate that excess moisture is migrating through the CMU. It is unclear if the moisture's origin is condensation from an improperly ventilated roof system or direct migration of vapor from the pool through the CMU block. WJE has the required expertise and professionals on their staff to properly investigate existing conditions, evaluate their findings, and make a recommendation on how to proceed with repairs. The proposed work includes field investigation of the existing masonry facade, the existing roof, and humidity levels in the pool area. Staff recommends approval of WJE's proposal for the sum of $6,000. Financial Implications: The investigation will be paid for through the Facility Maintenance R&M account. The Facility Maintenance R&M 2008 budget is $89,335. Recommendation: Approve the proposal, dated August 18, 2008, from Wiss, Janey, Elstner Associates, Inc. in the amount of $6,000 for investigation of the Avon Recreation Center's deteriorating exterior masonry facade. Proposed Motion: I move to approve the Wiss, Janey, Elstner Associates, Inc. proposal, dated August 18, 2008, for investigation of the Avon Recreation Center's deteriorating exterior masonry facade for a fee not to exceed $6,000 without prior written approval. Town Manager Comments:, NOTES: Exhibit A — WJE pro sal, dated August 18, 2008 • Page 2 EXHIBIT A WJE ENGINEERS ARCHITECTS MATERIALS Sc, ENTISTS Via E-mail and US Mail August 08, 2008 REVISED 8/18/08 Mr. Shane Pegram Engineer Town of Avon PO Box 975 Avon, Colorado 81620 Re: Town of Avon Recreation Center WJE No. 2008.3414 Dear Mr. Pegerm: Wiss, Janney, Elstner Associates, Inc. 10881 West Asbury Avenue, Suite 110 Lakewood, Colorado 80227 720.962.8688 tell 720.962.8488 fax www.wje.com Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to submit this proposal for in investigation of the exterior masonry facade of the Town of Avon Recreation Center. Based on our discussions and a brief review of the drawings provided to us, we understand that the exterior Concrete Masonry Unit (CMU) walls of the Recreation Center are deteriorating. The deterioration includes efflorescence, spalling, and erosion of the faces of the CMU. We further understand that the roof is not believed to be the cause of the deterioration and The Town of Avon would like to identify the cause of the CMU wall deterioration in order to develop a scope of repairs. SCOPE OF SERVICES We recommend a phased approach in evaluating and addressing these problems. In the first phase, a field investigation would be performed to develop a basic understanding of the current conditions. Potentially three elements may be contributing to the observed deterioration; the roof, the CMU material itself, and vapor drive through the building envelope resulting from the pool and high interior humidity conditions. Phase I We envision and propose the following initial scope of services: • Review the original construction documents as well as any available engineering studies performed in response to the building envelope issues. • Make a one day site visit and conduct a limited visual examination of the existing distress and associated construction details within the building and the surrounding site. Our examination will focus on assessing the existing conditions atthe roofing, venting and associated flashing, and the exterior CMU walls. As discussed, we anticipate that the Town of Avon will provide a lift and lift operator for access to upper portions of the exterior walls. • Perform a one day review of existing mechanical systems and interior humidity levels with the assistance of a consulting mechanical engineer, Mark Scott, PE. Headquarters & Laboratories —Northbrook, Illinois Atlanta I Austin I Boston I Chicago I Cleveland I Dallas I Denver I Detroit I Honolulu I Houston Los Angeles I Minneapolis I New Haven I New York I Princeton I San Francisco I Seattle I Washington, DC WJE ENGINEERS ARCHITECTS MATERIALS SCIENTISTS Mr. Shane Pegerm Town of Avon August 08, 2008 Page 2 • We will analyze the information from our field examination and issue a brief report summarizing our fmdings and general recommendations. Please note that in order to investigate the building problems we may need to access the interstitial space above the suspended ceilings, and will need access to the pool area and mechanical room to facilitate these limited inspections. This work would be coordinated with you, to keep disruption of the Recreation Center activities to a minimum. Costs associated with the temporary removal and repair of any finishes have not been included in our estimated budget. At this time we anticipate that costs to remove and replace finishes will be minor. However, if more significant exploratory efforts and follow-up repairs should be required, we will notify you prior to the removal of any finishes and will work with a contractor designated by you to make any required exploratory openings. Phase II Following the Phase I effort we would meet with you to review the issues that have been identified and to discuss the most prudent course of action acceptable to The Town of Avon. Depending upon the fmdings of our Phase I efforts, the following Phase II services may be recommended: • Recommendations for monitoring and further investigative efforts prompted by the initial phase of work. For example, material studies of the CMU, exploratory openings in the building envelope and testing of mechanical systems may be needed. • Remedial actions including the development of repair documents to address existing problems and long-term concerns as deemed necessary. We will be pleased to provide a more detailed proposal and budget for Phase II upon completion and review of our initial field investigation. FEES, TERMS AND CONDITIONS We will bill our services on a time and expense basis for the proposed scope under Phase I not to exceed $6,000. It should also be understood that our proposal is based upon available information, readily observed conditions, and certain assumptions. This proposal does not include any costs associated with unforeseen conditions that may be discovered during our evaluation. Additionally, because the scope of repair has not yet been defined, this proposal does not include fees for designing repairs, generating drawings and specifications, or for the observation of any repair work. These efforts will be treated as additional services and will be performed on an hourly basis, according to the rate schedule listed below or in accordance with a separate proposal, if requested, upon completion of our Phase I investigation. WJE ENGINEERS ARCHITECTS MATERIALS SCIENTISTS Schedule of Hourly Time Charges Professional Staff Professional Support Staff Principal 225.00 Senior Specialist $105.00 Associate Principal 185.00 Specialist 95.00 Senior Associate 160.00 Senior Technician $85.00 Associate III 145.00 Technician II 70.00 Associate II 120.00 Technician I 55.00 Associate I 100.00 Mr. Shane Pegerm Town of Avon August 08, 2008 Page 3 Our Standard Terms and Conditions, dated October 8, 2007 are part of this proposal and are enclosed for your review. Special Conditions Our proposal does not include any activities related to mold identification, mold remediation, or consultation concerning potential effects of molds on occupant health or property damage. You should be aware that molds have been reported to have adversely affected the health of some persons, and to have caused property damage; and that WJE has no expertise in these areas. Given the reported problems, molds may be growing in areas that will be affected by our work and the proposed repairs. There are professional consultants, such as certain Certified Industrial Hygienists, who have expertise concerning mold -related health and property effects. PROJECT TEAM AND QUALIFICATIONS The project team will include Lawrence Graham, PE and Mark Scott, PE. Mr. Graham is a licensed structural engineer in Colorado and will serve as project manager. He has significant experience investigating and developing repairs for masonry buildings. Professional qualifications for Mr. Graham are attached. Mark Scott, with Building Systems, Inc., will be retained as our mechanical engineering sub -consultant to assists us with the evaluation of thermal and vapor drive issues associated with the Recreation Center's building envelope. Mr. Scott has 30 years of experience in the design of HVAC systems. He is a LEED accredited professional and is very familiar with current energy code and ASHRAE performance requirements. We are certainly available to discuss this proposal in greater detail. If you concur with the terms of this proposal, please sign in the space provided below and return one copy as our authorization to proceed. Thank you for the opportunity to be of service. Please call if you have any questions. Sincerely, WISS, JANNEY, ELSTNER ASSOCIATES, INC. Lawrence Graham, PE Senior Associate WJE ENGINEERS ARCHITECTS MATERIALS SCIENTISTS Authorization to Proceed Mr. Shane Pegerm Town of Avon August 08, 2008 Page 4 WJE No. 2008.3414.P FOR: (company) (signature) (printed signature) (title) (date) WJE STANDARD TERMS AND CONDITIONS These Standard Terms and Conditions shall continue in full force and effect during, and after the completion or termination of, Wiss, Janney, Elstner Associates, Inc. or WJE Engineers & Architects, P.C. (WJE) employment. These Standard Terms and Conditions shall control any conflicting term or condition unless WJE agrees otherwise in writing. PERFORMANCE WJE and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied, are made with respect to WJE's performance, unless agreed to in writing. WJE is not a guarantor of the project to which its services are directed, and its responsibility is limited to work performed for the client. WJE is not responsible for acts or omissions of the client, nor for third parties not under its direct control. WJE shall not be liable for any reason for any special, indirect or consequential damages including loss of use and loss of profit. WJE will take reasonable precautions to minimize any damage to the client's property during conduct of any WJE field work and testing. The client understands that in the normal course of this type of work some damage may occur, liability for which damage is not part of this agreement. WJE may rely upon information supplied by the client engaging WJE, or the contractors or consultants involved, or information available from generally accepted reputable sources, without independent verification. WJE services are being performed solely for client's benefit and no contractor, subcontractor, supplier, fabricator, manufacturer, tenant, occupant, consultant, or other third party shall have any claim against WJE as a result of its services. WJE shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and safety programs in connection with the project, since these are solely the responsibility of others. WJE shall not be responsible for the contractors schedules or failure to carry out the project in accordance with contract documents. WJE shall not have control over or charge of acts or omissions of the contractor, subcontractor, or their agents or employees, or of any other non-WJE persons performing portions of the project. USE OF REPORTS, DRAWINGS AND ELECTRONIC MEDIA WJE retains ownership of letters, reports, drawings, specifications, photographs, test data. notes and other work product it has created. These documents or parts thereof may not be reproduced in advertisements, brochures, or sales material, nor used by the client for any purpose other than the purpose for which they were prepared, nor by third parties, without the written permission of WJE. Conclusions by WJE based on test results are limited to the specific conditions for which the tests were performed. In the event that WJE work product is stored or transmitted by some form of electronic media, the client agrees that WJE shall not be held liable for the completeness. transmission, accuracy or longevity of these materials, nor for misuse thereof. PROPOSALS Proposals expire 120 days after submission to a client unless a different expiration limit is included in the proposal. WJE may withdraw or modify a proposal at any time prior to acceptance by the client. All fees and Page 1 of 2 8 October 2007 expenses quoted in proposals or stated in invoices are exclusive (net) of local or county excise and other business or business license taxes. The client represents it is aware of all such taxes and shall reimburse WJE upon presentation by WJE of the cost of such taxes by an invoice within one year of completion of services. CLIENT DUTIES In order for WJE to perform the services requested, the client shall, at no expense to WJE, (1) provide all necessary information regarding client's requirements as necessary for orderly progress of the work. (2) designate in writing a person to act as client's representative for services to be rendered under this Agreement, which person shall have authority to transmit instructions, receive instructions and information, interpret and define client's policies and requests for WJE's services, and (3) provide access to and make all provisions for WJE to enler. without cost limitation or burden to WJE, publicly or privately owned property as required to perform the work, including the use of scaffolds or similar mechanical contrivances. SAFETY Field work of WJE will be performed only under conditions deemed safe by WJE personnel. Charges may be made for safety or security measures required by hazardous job conditions. WJE is not responsible for the safety of other persons or property. HAZARDOUS MATERIALS If WJE encounters, or reasonably suspects that it has encountered, hazardous materials in the project, WJE shall cease activity on the project and promptly notify the client. The client shall initiate action, where appropriate. to identify and investigate the nature and extent of hazardous materials in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule. or regulation now existing or hereinafter enacted or amended. Unless otherwise specially provided in writing, the services to be provided by WJE do not include identification of hazardous materials, and WJE has no duty to identify or attempt to identify the same within the area of the project. It is further understood and agreed that services WJE will undertake for the client may be uninsurable obligations involving the presence or potential presence of hazardous materials. Therefore, the client agrees. except (1) such liability as may arise out of WJE's sole negligence in the performance of services under this agreement or (2) to the extent of insurance coverage available for the claim, to hold harmless, indemnify and defend WJE and its employees, subcontractors and agents from and against any and all claims, lawsuits, damages, liability and costs, including but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of hazardous materials. This indemnification applies only to existing conditions and not to conditions caused or WEE STANDARD TERMS AND CONDITIONS created by WJE. "Hazardous materials' includes, but is not limited to, any substance, waste, pollutant (including mold and mildew) or contaminant, in whatever form, now or hereafter included with such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. SUSPENSION OF SERVICES If the client fails to make payment when due for WJE's services and expenses, WJE may, upon seven days' written notice to the client, suspend performance of services under this Agreement. Unless payment in full is received by WJE within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, WJE shall have no liability to the client for delay or damage caused the client because of such suspension of services. FIXED PRICE CONTRACTS Where WJE and the client have agreed to a fixed price contract, the following WJE Standard Terms and Conditions are specifically excluded: Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and Subcontracted Services. Progress payments will be made monthly as a percent of completion unless otherwise arranged with the client. Other WJE Standard Terms and Conditions stated herein remain in effect. TIME CHARGES Time charges are accrued on an hourly basis, unless other arrangements are established. Minimum time charges for personnel at a job site are 8 hours per day, unless time can be utilized on another job. Hourly rates are not increased for overtime. Billing rates may be increased annually. EXPENSES Public transportation, subsistence and out-of-pocket expenses incurred during travel, communications, reproduction and shipping charges will be billed at cost plus 5% (invoiced as an expense service fee.) Use of company or personal vehicles is billed at $0.60 per mile. Expended materials for field and laboratory investigations, rental equipment, and fees advanced on client's behalf will be billed at cost plus 10% (invoiced as an expense service fee.) Clients may be charged for the cost of providing copies of receipts or detailed "back-up" information concerning expenses. EQUIPMENT USAGE WJE equipment used in field or laboratory work is billed at approximately 1% of the replacement cost per day, subject to adjustment for minimum or extended usage. AFFILIATED CONSULTANTS WJE retains certain affiliated consultants as independent contractors. These affiliated consultants are billed at rates equivalent to WJE employees of similar education and professional experience. STORAGE Material samples not consumed in WJE's work will be discarded 30 days after completion of the project unless the client requests other disposition. Charges will be Page 2 of 2 8 October 2007 made for extended storage of materials, records, or equipment. WJE will exercise reasonable care in safeguarding materials, records, or equipment, but disclaims any liability for loss or damage. SUBCONTRACTED SERVICES Services are billed at cost plus 10% if the subcontracted firm has at least $500,000 of Professional/General Liability Insurance, otherwise cost is marked up 20%. SUBPOENAS AND COURT ORDERS The client is responsible, after notification, for payment of time charges, attorney fees and other expenses resulting from a required response to subpoenas or court orders issued at the request of any party concerning any part of WJE's work. Charges are based on billing rates in effect at the time of WJE's response. DISPUTE RESOLUTION Any dispute that should arise between the client and WJE shall first try to be resolved through mediation. The mediator shall be mutually agreed upon and chosen from a list provided by the American Arbitration Association or other source of experienced professional mediators. INSURANCE WJE is protected for general, automobile, workers' compensation and employers' liability coverage by policies written by national insurance carriers rated by the A.M. Best Company. The primary limits are $1,000,000 with a $5,000,000 aggregate on general liability. Excess coverage applies to exposures over $1,000,000. Endorsements are not allowed. Coverage is subject to annual renewal. Increased coverage will be sought if requested. Charges for additional coverage will be billed to the client. BILLING TERMS The firm or individual engaging WJE is responsible for payment of charges unless WJE is notified in writing, prior to the time that the charges are incurred, that the engagement is on behalf of another party. Accumulated charges will be billed in approximately monthly intervals. State and local sales and use tax will be included in the billing if applicable. Payment in full (in US dollars) is due upon receipt of the invoice.. Invoices fi u amid 30 days from the invoice ate are cons dared past k�ue and subject to an interest charge at the rate of 1 1/2% per month (or at a lower maximum legal rate) plus related attorneys' fees and collection expenses. The client is responsible for payment of all charges. Agents of the client who engage WJE are also responsible for payment of all charges unless WJE agrees otherwise in wriling prior to the time that the charges are incurred. Copyright 2007 Wiss, Janney, Elstner Associates, Inc. MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 8, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 6:10 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, and as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST John Dunn asked if there was any ex parte contact regarding the Wildridge plats and there was no response. COMMUNITY INPUT Drew Dodd from the Business Association wanted to thank the town staff for a great 4th of July show at Harry A. Nottingham Park. Nancy Pruckno, resident at 1011 West Wildwood Road, spoke regarding the deed restricted units in Wildwood and the water damage on their siding. She invited the town council to review the damage; Councilors Dantas and Carroll had already toured the unit. Larry Brooks noted that staff would tour the unit as well. He also spoke about concerns with the deed restrictions. 1. NEW BUSINESS Mayor Wolfe opened the public hearing and no comments were made. a. Public Hearing for Amplified Sound Permit Applicant: Bec Tri / RLY Project, David Wieder Event Name: Short Sprint Fun Triathlon Event Date: August 2, 2008 at 8 am Event Location: Harry A. Nottingham Park Councilor Underwood moved to approve the amplified sound permit for Bec Tri/RLY Project. Mayor Pro Tern Sipes seconded the motion and it passed unanimously Mayor Wolfe closed the public hearing. Mayor Wolfe opened the public hearing and no comments were made. b. Public Hearing for Amplified Sound Permit Applicant: Beaver Creek Resort Company, Mike Kloser Event Name: Beaver Creek Xterra Event Date: August 9, 2008 Event Location: Harry A. Nottingham Park Mayor Pro Tem Sipes moved to approve the amplified sound permit for Beaver Creek Resort Company. Councilor Ferraro seconded the motion and it passed unanimously. Mayor Wolfe closed the public hearing. ORDINANCES Mayor Wolfe mentioned that there would be a joint discussion regarding the Ordinance and the Resolution for the Impact Fees. John Dunn went over the changes to the agreement and it was accepted by the fire department. Mayor Wolfe opened the Public Hearing on Ordinance No. 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 of the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development Activities Generating the need for Additional Fire Protection or Emergency Medical Services. Scott Wright, Assistant Town Manager Finance, explained this legislation related to the adoption of impact fees for development activities within the Town of Avon. He noted that this item at the request of ERFPD was tabled at the May 13th meeting. John Sosso from Otton Johnson spoke on behalf of Traer Creek regarding a letter that was sent to John Dunn on June 9th and would like to highlight some points in the letter. Dan Reynolds Garfield and Heicht representing Jim Pavlich asked if Brian Sipes needed to recuse himself for a conflict of interest. It was stated that it was disclosed in a letter forwarded to the Secretary of State office and by this notice Mayor Pro Tem Sipes would be able to vote on this matter. Mayor Wolfe closed the public hearing. Councilor Ferraro moved to approve Ordinance No 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 of the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development Activities Generating the need for Additional Fire Protection or Emergency Medical Services as Councilor Underwood seconded the motion and it passed with a five to one vote (Dantas nay). RESOLUTIONS Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection District, concerning the collection, payment and use of emergency service impact fees Councilor Underwood moved to approve Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection District, concerning the collection, payment and use of emergency service impact fees , Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 of the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development Activities Generating the need for Additional Fire Protection or Emergency Medical Services as moved to approve mayor Pro Tem Sipes seconded the motion and it passed with a five to one vote (Dantas nay). Shane Pegram, Engineer II, presented Resolution No. 08-24, Series of 2008, A Resolution Approving The Amended Final Plat, A Resubdivision Of Lots 12 and 13, Block 3, (4123 and 4121 Little Point) Wildridge, Town of Avon, Eagle County, Colorado. He noted that the amended final plat resubdivides the existing Lot 12 & 13 Wildridge by realigning their shared boundary, and creates an access easement across lot 13 for the benefit of lot 12. Councilor Sipes moved to approve Resolution No 08-24, Series of 2008, A Resolution Approving The Amended Final Plat, A Resubdivision Of Lots 12 and 13, Block 3, (4123 and 4121 Little Point) Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously. Shane Pegram, Engineer II, presented Resolution No. 08-25, Series of 2008, A Resolution Approving The Final Plat, A Resubdivision of Lots 17a and 17b, Block 4,(5670 Wildridge Road East) Wildridge, Town of Avon, Eagle County, Colorado. He noted that the final plat resubdivides Lot 17a and 17b, block 4 Wildridge by removing their shared boundary and creates a single lot, Lot 17. Councilor Sipes moved to approve Resolution No 08-25, Series of 2008, A Resolution Approving The Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, (5670 Regular Council Meeting Page 2 of 4 08-07-08 Wildridge Road East) Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously. Shane Pegram, Engineer II, presented Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6). He noted that this condominium map resubdivides the existing lot 1, Chateau St. Claire Subdivision — PUD into 49 distinct condominium units, general common elements, and limited common elements. Councilor Ferraro noted concerns regarding some of the inconsistencies on the condominium map. Eric Heidemann noted that there is time to have the map redone and reviewed by council at a second reading. Mayor Pro Tem Sipes moved to table Resolution No 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6) Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed unanimously. Matt Pielsticker, Planner II, presented Resolution No. 08-27, Series of 2008, Resolution Formally Designating The Nottingham Powerplant As A Historic And Cultural Landmark, Pursuant To The Provisions Of Chapter 17.50 Of The Avon Municipal Code, Town Of Avon, County Of Eagle, State Of Colorado, And Setting Forth Details In Regard Thereto. Committee member Kim Nottingham gave a review of why the Historical Advisory Committee would like to have the Nottingham power plant as part of the Towns official Town inventory. Councilor Underwood moved to approve the Resolution No. 08-27; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. OTHER BUSINESS John Dunn was available to answer questions regarding the voting rules as the Town Charter depicts. TOWN MANAGER Larry Brooks announced that Governor Ritter has appointed Brian to the State Board for POST Certification for law enforcement. The Town Manager also noted that the staff did a great job on 4th of July with the fireworks and the event. MAYOR REPORT Councilor Underwood mentioned the nomination petitions are available on August 5th for the 3 seat that are coming available on the Town Council. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Carroll moved to approve the consent agenda below; Councilor Phillips seconded the motion and it passed unanimously by those member present. a. Resolution No. 08-23, Series of 2008, Resolution Authorizing the Town of Avon to Participate in the Coordinated Election of November 4, 2008 (Patty McKenny, Director Administrative Services) Regular Council Meeting Page 3 of 4 08-07-08 There being no further business to come before the Council, the meeting was adjourned at 8:25 PM. RESPECTFULLY SUBMITTED: Catherine Haynes, Deputy Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 08-07-08 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 22, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Dave Dantas was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe added to "Other Business" the "Appointment of a 2"d alternate to the UERWA". John Dunn asked if there was any ex parte contact on the agenda items. Councilors Ferraro & Carroll noted they would recuse themselves from the discussion and vote on the Riverfront Resort & Spa Final Plat Resolution (item 8.e). COMMUNITY INPUT Fraidy Aber, Executive Director, Vail Symposium, presented an update to the 2008 Healthy Home Tour & Fair . Walter Dandy, Avon resident, commented on the noise ordinance for the Town. He noted the following: > Noise as an important consideration in terms of quality of life for the residents and for commercial businesses and the need for a balance for all > Requested that a review of the amplified sound ordinance would be in order It was noted that Community Development staff would be taking a closer look into this request. INTRODUCTION OF NEW POLICE EMPLOYEES & AWARDS PRESENTATION Brian Kozak, Police Chief, introduced new police employees and made several award presentations to the following people: NEW BUSINESS Justin Hildreth, Town Engineer presented the Main Street Preliminary Design Streetscape Improvements - Presentation of Preliminary Design Options. The Britina Design Group presented the preliminary design of the new Main Street. It was noted that the project consists of a new road from Avon Road to the east portal of Harry A. Nottingham Park in the current location of the pedestrian mall. The project includes utility, drainage, and roadway work on the area immediately east of the library and will consist of a shared vehicular / pedestrian roadway that prioritizes public gathering spaces, plazas, and unimpeded pedestrian movements. The streetscape will follow the design guidelines and concepts set forth in the Town Center West Investment Plan. Britina Design Group presented the conceptual design options for the streetscape. The goal was to provide an update on the status of the project and to receive council direction on the two design options. In addition to feedback, staff requested direction on three specific parameters of the streetscape design before final documents can bee completed as follows: • Clear direction on the installation of snowmelt: Council consensus was support for providing snow melt options in light of the heat recovery project that has been proposed • Changes to the road cross section as a result of the removal of snowmelt from the majority of main street • Cars on Main Street; P&Z Commission asked that council reconsider vehicular traffic on main street: Council supported keeping it as a vehicle & pedestrian way Britina consultants explained the process & conceptual design of the project as a result of the community meetings. The programs were described and the design and themes of both options a) and b) were presented. Overall there was support for a mix of the two designs. RESOLUTIONS Shane Pegram, Engineer II presented Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6). He noted that this condominium map resubdivides the existing Lot 1, Chateau St. Claire Subdivision — PUD into 49 distinct condominium units, general common elements, and limited common elements. He noted that council comments made at that last meeting have been addressed with CSC Land, LLC and the map is in conformance with Title 16 of the Code. Councilor Ferraro moved to approve Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6). Councilor Carroll seconded the motion and it passed unanimously by those present (Dantas absent). Justin Hildreth, Town Engineer presented Resolution No. 08-28, Series 2008, Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements. He noted that this action was for acceptance of improvements consisting of streets, roads, walkways, drainage facilities & utilities required to access & serve the subdivision. The project has been completed since November 2007, but the request was made to delay this action until further along in the construction. It was noted that the road would be open to the public; however, the crossing would not be opened until the completion of Lake Street. It was noted that signage would be used to indicate the road was not fully opened. Mayor Pro Tem Sipes moved to approve Resolution No. 08-28, Series 2008, Resolution Approving and Accepting the Confluence Metropolitan District Improvements. Councilor Phillips seconded the motion and it passed unanimously by those present (Dantas absent). Scott Wright, Assistant Town Manager Finance presented Resolution No. 08-29, Series of 2008, A Resolution to Amend the 2008 Town of Avon Budget. The Budget amendment addressed changes to both the General Fund and the Transit Enterprise Fund. He noted the various budget revisions included in the resolution related to adjustments to general fund revenues (specifically related to building permit fees, Village at Avon municipal services, sales, utility and franchise taxes, and court fines). The 08 budget expenditures were also revised by department directors in light of year-to-date actual numbers. Wright explained the net changes to the town's budget. Councilor Carroll moved to approve Resolution No. 08-29, Series of 2008, A Resolution to Amend the 2008 Town of Avon Budget; Councilor Ferraro seconded the motion and it passed unanimously by those present (Dantas absent). Scott Wright, Assistant Town Manager Finance presented Resolution No. 08-30, Series of 2008, A Resolution to Amend the 2008 Town of Avon Capital Projects Fund Budget. The Budget revisions were related to changes in various projects and estimated revenues (specifically related to real estate transfer taxes, forest service land acquisition, carryover of unexpended project funds from 2007 and a delay or reduction of previously approved projects). There was also an adjustment made due to the development analysis and review of projects. Councilor Regular Council Meeting Page 2 of 4 08-07-22 Carroll moved to approve Resolution No. 08-30, Series of 2008, A Resolution to Amend the 2008 Town of Avon Capital Projects Fund Budget.; Councilor Ferraro seconded the motion and it passed unanimously by those present (Dantas absent). Councilor Carroll & Ferraro left the podium at this time due to a conflict of interest on this matter. Justin Hildreth, Town Engineer presented Resolution No. 08-31, Series of 2008, Resolution Approving the Final Plat and Condominium Map, Riverfront Resort & Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado. He noted that the applicant Riverfront Village Hotel, LLC, 126 Riverfront Lane, submitted a final plat & condominium map to resubdivide Lot 2 into 227 distinct hotel units, commercial units, and residential condo units, plus common elements. Andy Gunion, East West Partners, commented on what would be considered possible office space for East West Resorts; it was noted the documents provide for the future rights of this space. He noted the map does not convert the units to residential, but through the declaration with the association they can convert the units, information contained in the PUD documents.. Some discussion ensued on the detail showing the encroachments into the view corridor, (plat notes 8 & 9). Councilor Phillips moved to approve Resolution No. 08-31, Series of 2008, Resolution Approving the Final Plat and Condominium Map, Riverfront Resort & Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Councilor Underwood seconded the motion and it passed unanimously by those present (Carroll & Ferraro recused from vote; Dantas absent). Patty McKenny, Director Administrative Services, presented Resolution No. 08-32, Series of 2008, Resolution canceling August 12, 2008 Regular Council Meeting. She noted that the meeting would be canceled due to 2008 Primary Election Day being held at Avon Town Hall Council Room. Councilor Underwood moved to approve Resolution No. 08-32; Councilor Carroll seconded the motion and it passed unanimously by those present (Dantas absent). OTHER BUSINESS Mayor Wolfe asked Council to consider the appointment of a 2nd alternate to UERWA as Town Engineer Justin Hildreth; he noted that neither Sipes nor Underwood would be able to attend the next meeting and that it was in order to appoint a staff member to attend on the Town's behalf. Councilor Underwood moved to appoint Justin Hildreth as 2nd alternate to UERWA; Mayor Pro Tem Sipes seconded and the motion passed unanimously by those present (Dantas absent). TOWN MANAGER Larry Brooks, Town Manager, commented on the following items: 1. Notice has been received that the Town's water rights related to the whitewater park have been completed and adjudicated. 2. A meeting would be arranged in the near future to negotiate the water tank agreement between the Town, the Village at Avon and the water authority. MAYOR REPORT Mayor Wolfe noted that the USFS negotiations would be moving forward in a few weeks. Regular Council Meeting Page 3 of 4 08-07-22 CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. It was suggested to include the Wildwood area in the trails master plan. It was noted that the transportation master plan will address trails to Wildridge. Mayor Pro Tern Sipes moved to approve the consent agenda that included only the minutes. Councilor Phillips seconded the motion and it passed unanimously by those members present (Dantas & Ferraro absent; Underwood recused). Mayor Pro Tern Sipes moved to approve the other two items (b & c); Councilor Underwood seconded and the motion passed unanimously by those members present (Dantas & Ferraro absent). a. Minutes from June 24, 2008 & July 8, 2008 b. Contract Award to Anasazi Trails, Inc. for Town of Avon Trails Master Plan (Jenny Strehler, Director of Public Works & Transportation) Proposal for a trails plan that addresses trails & open space within town limits c. Inter -Mountain Engineers & Terrasan Landscape Architects proposal to update the April 2000 E. Beaver Creek Blvd. Streetscape Improvement Plans (Justin Hildreth, Town Engineer) Proposal to prepare design modifications to the 2001 East Beaver Creek Blvd Streetscape Improvement Drawings There being no further business to come before the Council, the meeting was adjourned at 8:25 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 08-07-22 Memo To: Thru: From: Date: Re: VON Honorable Mayor and Town Council Larry Brooks, Town Manager Eric Heidemann, Assis t Town Manager Community Development August 26th, 2008 Contract and Proposal for the Avon Municipal Code Update Dated July, 2008 COLORADO Summary: Clarion and Associates, has submitted the attached proposal (Exhibit A) in response to the Community Development's Request for Proposals (RFP) to amend Avon Municipal Code (AMC), with specific emphasis on Title 2, Administration and Personnel; Title 16, Subdivisions; and, Title 17, Zoning. The current language in the existing titles is outdated since the AMC was originally adopted in the late 1970s and has not been substantially amended since its inception when the Town of Avon was incorporated as a municipality in 1978. Some of the areas of concern with the current language in the present iteration of the AMC are related to the cumbersome structure of the titles and the inherent fragmentation of the subdivision process from the zoning regulations since they are separate titles instead of falling into one comprehensive and cohesive Land Use Regulations title. Although references were added attempting to link the subject sections of the code, it remains difficult to navigate through all the pertinent language and the current sequence is counterintuitive to the layperson trying to understand the overall development review process and its multilayered requirements. The initial scope of work will be to diagnose our existing Subdivision and Zoning regulations in order to understand the substantive and procedural limitations of the Town of Avon's current set land use regulations. Based on the findings identified in the diagnostic analysis, prepare a redraft to our land use regulations with a more organized and Unified Land Use Code. In general, our goal is to: (1) Update and refine existing regulations to handle the more sophisticated and complex development environment Avon is now experiencing; 1 (2) Eliminate antiquated language and inconsistencies in both the Subdivisions and Zoning titles of the AMC; and, (3) Streamline the processes enumerated in these titles to make these regulations more practical and easy to grasp for different users. Two proposals were received and were rated by both Community Development and Engineering using an objective, numerical ranking matrix. Staff concluded that Clarion and Associate's proposal best matched the Town's expectations of relevant experience, and budgetary constraints. The proposed fee for these services is not to exceed $180,000.00, plus reimbursable expenses. Following a formal review of the proposal by Council, Staff is recommending approval of the contract on the Unified Land Use Code prepared by Clarion and Associates. Financial Implications: The proposed fee is within the current CIP project 2008/2009 budget of $250,000 for the Unified Land Use Code. Recommendation: Approve the Clarion and Associates Proposal dated July, 2008, in an amount not to exceed $180,000.00 plus reimbursable expenses. Alternatives: Table action on the subject Proposal. Proposed Motion: "I move to approve the Clarion and Associates Proposal dated July, 2008 in the amount of $180,000.00 plus reimbursable expenses." Town Manager Comn nts: Attachm Exhibit A: Unified Land Use Code proposal prepared by Clarion and Associates and associated Contract 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, effective as of the day of , 2008, by and between the Town of Avon, Colorado (hereinafter referred to as the Client), and Clarion Associates of Colorado, LLC, a Colorado Limited Liability Company doing business at 621 17`h Street #2250, Denver, Colorado 80293 (hereinafter referred to as the Contractor). WHEREAS, the Client is undertaking certain activities necessary for the planning execution of a project; and WHEREAS, the Client desires to engage the Contractor to render certain professional advice and assistance in connection with such undertakings of the Client: NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Contractor agrees to provide services to prepare a Unified Development Ordinance for the Client. The services to be performed are described in Exhibit A attached hereto and incorporated herein. The Client agrees to provide supporting services to the Contractor as described in Exhibit A. 2. Time of Performance. The services of the Contractor are to commence on September 1, 2008, and shall be undertaken and completed in such sequence as to insure their expeditious completion. A detailed project schedule is incorporated as Exhibit B. 3. Method of Payment & Total Project Amount. The Client shall compensate Contractor for its services in accordance with the Project Budget set out in Exhibit A. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of $180,000.00 for all services rendered. By mutual agreement, the Client and Consultant may reallocate the budget among project tasks if the total budget amount remains unchanged. 4. General Terms and Conditions. A. Termination of Agreement: The Client shall have the right to terminate this Agreement, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof, which notice shall be given at least 30 days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall become the Client's property. Contractor shall be entitled to receive compensation in accordance with the Agreement for any satisfactory work completed pursuant to the terms of this Agreement prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the Client for damages sustained by the Client by virtue of any breach of the Agreement of the Contractor. Page 1 of 12 B. Changes. The Client may, from time to time, request changes in the scope of services of the contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the Client and the Contractor, shall be in writing and upon execution shall become part of the Agreement. C. Assignability. Any assignment or attempted assignment of this Agreement by Contractor without the prior written consent of the Client shall be void; provided, however, that claims for money due or to become due Contractor from the Client under this Agreement may be assigned to a bank, or other financial institution, without such approval. Notice of any such assignment or transfer shall be furnished to the Client. D. Audit. The Client or any of its duly authorized representatives shall have access to any books, documents, papers, and records of Contractor which are pertinent to Contractor's performance under this Agreement, for the purposes of making an audit, examination, or excerpts. The Contractor shall maintain records for 3 years after contract ends. E. Ownership of Documents. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Agreement shall be the property of the Client. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. F. Assignment of Copyrights. Contractor assigns to Client the copyrights to all work prepared, developed, or created pursuant to this agreement, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. G. Governing Law. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. Contractor shall also comply with all applicable state and federal laws and regulations and resolutions of the Client, and shall commit no trespass on any public or private property in the performance of any of the work embraced by this Agreement. H. Subcontractors. Contractor shall have the right to utilize the firms listed as subcontractors in Exhibit A to complete the approved scope of work. Other subcontractors may be utilized if approved by the Client. I. Notices. Any notice concerning the terms and conditions of this Agreement from Contractor to the Client shall be in writing and delivered, either Page 2 of 12 personally or by mail (postage prepaid), by telegram or facsimile transmission and shall be addressed as follows: Eric Heidemann Assistant Town Manager, Community Development 400 Benchmark Road Avon, Colorado 81620 Facsimile number: (970) 949-5749 Notices to Contractor from Client shall be in writing and delivered, either personally or by mail (postage prepaid), by telegram or facsimile transmission and shall be addressed to: Christopher J. Duerksen, Managing Director Clarion Associates 621 17`h Street, Suite 2250 Denver, CO 80293 Facsimile number: (303) 860-1809 Notices shall be deemed effective upon delivery in the event of personal delivery, and after three (3) days when mailed, postage prepaid; if transmitted by facsimile or telegram, upon verified receipt of the electronic transmission. Either party may change its address in reference to notices by written notification to the other party. 5. Indemnification. Contractor shall indemnify and hold Client harmless from and against and all claims, suits, or action made or asserted for any damage to person or property occasioned by the negligent errors or omissions by Contractor in connection with performance of Contractor's obligation under this Agreement. 6. Independent Contractor. Contractor is an independent contractor. Notwithstanding any provision appearing in this Agreement, all personnel assigned by Contractor to perform work under the terms of the Agreement shall be and remain at all times, employees of the Contractor for all purposes. The Contractor, its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees of Client. 7. Extent of Agreement. This Agreement represents the entire and integrated agreement between the Client and the Contractor and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written Agreement signed by both the Client and the Contractor. 8. Mediation and Arbitration. Any disputes arising out of this Agreement shall be subject to arbitration. As a pre -condition to the filing of any such arbitration, all claims, disputes, and other matters in question between the parties to this Agreement Page 3 of 12 arising out of or relating to this Agreement concerning a breach thereof, shall first be submitted to non -binding mediation prior to initiation of any arbitration unless the parties mutually agree otherwise. The cost of said mediation shall be split equally between the parties. This Agreement to mediate shall be specifically enforceable under the prevailing laws of the State of Colorado. The parties agree that any disputes concerning the terms and conditions of this Agreement that cannot be resolved after consultation and discussion between the parties or by mediation shall be submitted and finally settled by arbitration. Any arbitration shall be conducted by an arbitrator selected by and mutually agreeable to both parties. Mediation or arbitration conducted under this Agreement shall occur in Eagle County, Colorado. 9. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this agreement shall remain valid and binding upon the parties hereto. CLARION ASSOCIATES LLC BY: Christopher J. Duerksen Title: Managing Director Date: ATTEST: (if a corporation) Title: BY: _ Title: Date: Page 4 of 12 Exhibit A Scope of Services and Fee Scope of Services A. Phase 1: Project Initiation and Analysis • Initial Review of Zoning Ordinance, Plans, and Other Background Documents • Initial Project Meetings • Public Participation Strategy • Interviews with Staff and Others/Staff Survey 1. Initial Review of Zoning Ordinance, Plans, and Other Background Documents As a first step, Clarion will review in greater detail the following Town documents: • Town Center West Investment Plan • Town Center East Center Plan • 2006 Comprehensive Plan • 1990 Transportation Plan • 1996 Transportation Plan Update • Village (at Avon) PUD • East Beaver Creek Blvd. Phase 1 Improvements • US 6 Corridor Feasibility Study • CDOT Traffic Growth Projections Team members will analyze and compare the plan policies with the current ordinance language, map, and regulatory structure to identify key issues and opportunities in the ordinance update project. This will form the basis for the initial meetings described below. 2. Initial Project Meetings Clarion will meet with the project manager, staff, and other officials to discuss overall project goals and to finalize the project work plan and schedule. We will hold get -acquainted meetings with the elected and appointed officials as recommended by town staff. Team members will also tour the town with the planning staff to see first-hand how key substantive issues are playing out in practice. 3. Public Participation Strategy Also at the beginning of Phase 1, we will finalize and discuss a detailed public participation process with staff that takes full advantage of the various forums available to the town (e.g., the town's website, local gatherings and activities, town board and committee meetings) that we have found helpful Page 5 of 12 in other code projects. As a starting point, this work program proposes public involvement through regular meetings with a town -appointed Zoning Advisory Committee (ZAC); regular reports to elected officials; and public meetings at important milestones during the process. In the majority of our zoning ordinance projects, we work with an advisory committee to assist the project by providing input and feedback. This is our preferred public participation approach for zoning ordinance projects. Typically, the local jurisdiction would like the consultant to work with a variety of interest groups, including the Planning Commission, City Council, and development and neighborhood interest groups. The appointment of an advisory committee made up of representatives from these various groups is a good way to ensure a diversity of input while minimizing project costs. The advisory committee, which should contain approximately 10 —12 members, can serve as an initial sounding board, providing input throughout the project. Another option would be to simply have the Planning Commission serve as the committee for the project. Additional outreach, through public meetings, workshops, and presentations, would supplement any work with the advisory committee to the extent allowed by the project budget. 4. Interviews with Staff and Others / Staff Survey Following the document review and initial meetings, we will oversee an intensive initial discussion of land development issues with town staff, the ZAC, and elected and appointed officials. With staffs guidance, Clarion also will interview key players in the development process (e.g., developers, neighborhood group representatives) in small groups or one-on-one to get their views on the same topics. These discussions and review will give us a clear understanding of how the existing codes work (and don't work) in practice, and key issues and practical problems that need to be addressed by the new ordinance. We will also develop a survey for circulation to key staff in other departments (like Public Works) to assist in producing a methodical analysis and record of strengths and weaknesses of the existing ordinance. We also recommend forming an interdepartmental staff working group for regular consultations on the project. PHASE 1 SUMMARY Consultant Responsibilities/Deliverables • Preliminary review of ordinance, plans, and related documents • Final scope of work, including detailed work plan and schedule • Draft survey to circulate to town departments Page 6 of 12 • Facilitate initial ZAC meeting • Interviews with key staff, elected and appointed officials, members of development community, and others familiar with the codes as identified by the town Town Staff Responsibilities • Send copies (hardcopy and electronic) of current land development regulations/plans to Clarion • Provide plans and other relevant background materials to Clarion • Prepare database of names and addresses for public participation • Participate in interviews as appropriate • Organize interviews, tour, and ZAC meetings • Circulate survey to town departments Schedule Complete by October 15, 2008 (assuming September 1, 2008, project start date) B. Phase 2: Diagnosis and Annotated Outline • Diagnosis and Annotated Outline — Staff Draft • Diagnosis and Annotated Outline - Public Draft 1. Diagnosis and Annotated Outline - Staff Draft Based on information gathered during Phase 1, Clarion would prepare a detailed analysis of the current Avon codes in order to refine the key issues and themes to be addressed through the update. This analysis will focus on the strengths and weaknesses of the current codes, including: o Ways in which the current regulations are ineffective or frustrating to use; o Areas of consistency and inconsistency between existing town policies, the Avon Comprehensive Plan, and regulations; o Ways to make the revised document more user-friendly; o Ways to streamline the review process; and o Necessary changes related to new statutory and/or case law. With regard to both procedural and substantive issues, the Diagnosis will present options and alternative techniques for addressing these issues gleaned from our work in other jurisdictions and additional best practices research. Combined with the Diagnosis, Clarion will draft an Annotated Outline of recommended revisions. The purpose of the Annotated Outline is to allow staff, the ZAC, elected and appointed officials, and the public an opportunity to review the overall structure of the proposed revisions before the actual drafting begins. The Annotated Outline will set out the proposed structure of the ordinance amendments in detail, providing commentary explaining the purpose and scope of each new or amended provision. 2. Diagnosis/Annotated Outline — Public Draft Page 7 of 12 After Clarion revises the staff draft, based on consolidated written comments from staff, we will prepare a draft for public release. We will then convene meetings with the ZAC, and other bodies as may be appropriate, to discuss the Diagnosis/Annotated Outline and receive comments. The purpose of the meetings will be to overview and discuss the Diagnosis/Annotated Outline and receive input on the procedural, structural, and substantive issues that should be addressed in the revision effort. These meetings will be designed to gain consensus on the general scope of the issues to be addressed in the drafting of the new ordinance. This is a key step toward ensuring that the remainder of the process proceeds smoothly and effectively. PHASE 2 SUMMARY Consultant Responsibilities/Deliverables • Staff draft of Diagnosis/Annotated Outline • Public review draft of Diagnosis/Annotated Outline • Facilitate one meeting with the ZAC; additional meetings during trip Town Staff Responsibilities • Review staff draft of Diagnosis and Annotated Outline and provide consolidated written comments • Organize meetings of the ZAC and other entities/public (including notices) Schedule Completed by January 31, 2009 (assuming a September 1, 2008, project start date) C. Phase 3: Draft New Unified Development Code • Staff Drafts • Discussion Drafts • Design Testing (Optional) • Public Draft 1. Staff Drafts Based on the Diagnosis/Annotated Outline, Clarion will develop a new draft unified development code that is user-friendly and includes the agreed -upon substantive and procedural changes. The new ordinance will emphasize the use of graphics, tables, and charts to explain zoning and land use concepts. Areas that will benefit from illustrations will be noted, though actual illustrations won't be produced until language is refined in a later draft. The draft will include commentary where necessary to explain changes from current practice and the rationale behind new provisions. The preliminary draft will be intended for discussion and testing primarily among staff, the ZAC, and Clarion. Page 8 of 12 Because the new code will likely include a substantial amount of new information, we recommend dividing the drafting process into three manageable installments: 1) procedures/administration; 2) zone districts and uses; and 3) development standards. The exact composition and schedule for the drafting can be determined in consultation with staff following the completion of the Diagnosis/Annotated Outline. Clarion will prepare a "staff draft" of each draft installment, which will be sent first to the planning staff and Town Attorney for review and comment. Each draft installment will be accompanied by a cover memorandum that summarizes major new features in the drafts, significant changes from current provisions, and explanations of the new material. Staff will consolidate and reconcile its comments on each installment and present them in written form to Clarion (this can be either an electronically or hand- written redlined copy, or in memo form, or both). 2. Discussion Drafts Based on staff comments, Clarion will produce a revised draft for distribution to the ZAC and other key stakeholders. The discussion draft will be a refinement of the preliminary drafts, but may include new alternative approaches if the original selected approaches are determined to be unsuccessful through testing and evaluation. We will hold meetings with the ZAC on each of the three sections of the discussion draft. 3. Design Testing (Optional) The new code is expected to contain new content that could substantially impact development and re -development in Avon, and will introduce tools not currently in use in most areas of the town. As part of Phase 3, Clarion recommends testing the standards to demonstrate how various proposed development standards would actually be implemented in various neighborhoods, corridors, commercial areas, and other parts of the town. This would be done through the testing of proposed development standards on model site plans — ideally, plans of actual projects being proposed by local developers, or through projects recently approved by the town. The testing of model site plans would enable town staff and the community to better understand the practical implementation issues associated with proposed standards. We support the inclusion of as much testing as possible; however, based on past experience, we know that testing can be both expensive and time- consuming. Therefore, we have suggested this as an optional step that is not included in the proposed budget. We would be happy to discuss the details of this approach, including a range of costs, during the project interview process. Page 9 of 12 4. Public Draft Based on comments received from staff, the ZAC, and other stakeholders, we will revise the discussion drafts to create a final, consolidated draft of the new zoning ordinance (in Microsoft Word format) to be carried forward into the adoption process. This draft would include final versions of all illustrations. We would also prepare a final cover memorandum in a format that allows for comparisons between the current and proposed ordinance, summarizing all major changes. PHASE 3 SUMMARY Consultant Responsibilities/Deliverables • Prepare preliminary drafts of the new unified ordinance (in three installments) • Organize and facilitate testing of new standards (optional) • Prepare discussion drafts of the new unified ordinance (in three installments) • Prepare final draft of the new unified ordinance (one consolidated document) Town Staff Responsibilities • Organize meetings of ZAC, review bodies, and public (including notices) • Review ordinance drafts and provide consolidated written comments Schedule Completed by December 31, 2009 (assuming a September 1, 2008 project start date) D. Phase 4: Code Adoption Clarion will provide support, in the form of materials or presentation assistance, during the adoption process. Clarion members would be available for attendance at public workshops and/or hearings on the new code before the various review boards and Town Council. The proposed budget includes a set figure for such attendance, and Clarion would be available to attend additional meetings on a time and expenses basis. I PHASE 4 SUMMARY Consultant Responsibilities/Deliverables • Participation in public hearings and workshops Schedule To be determined by Town and Consultant Page 10 of 12 Project Fee Phase Description Fee 1 Project Initiation and Analysis $25,000 2 Diagnosis and Annotated Outline $36,500 3 Draft New Land Development Code $103,500 4 Code Adoption $15,000 Project Total $180,000 Page 11 of 12 Exhibit B Schedule Town of Avon _ Unified Land Use Code 1 2 3 4 A 5 8 7 0 0 10 11 12 13 14 15 15 or A 11 10 Proposed Schedule SeptIOct. tipv. Dec. Jan. Pee._Mar._Apr. Dice June Jul Auk. Sept Oct. Nov.. Dec. Jan. Psb. Consultant work tlm i • StoffiiA view • meetit 0 Town CouncBWPubllc lmroivamen Phase 1: Project Initiation and Analysis 1. Initial Review of Documents T I T T I [ [ �1 A. Staff provides documents Identified In scope j f ! "{ Dilating Types: B. Staff provides PUD documents and approvals C. Staff organizes late September Project meetings with groups Identified in Table 1, below A. Malting with Project Term (2 hauraj PSZ D. Clarion reviews Town documents and presentation to CornrWit S. Prop with Staff and 2-3 hours with ZAC E. Clarion prepares survey for Town departments C. Presentation to Town Council i 2. Initial Project Meeting with Staff I Meeting B D, Half De), with Project Team l _ - - - - - -- - -- - . Clarion meeting to review and discuss documents and pr 3. Review Public Participation Strategy with Staff ♦ 4. interviews with ZAC, ElectedlAppointed Officials, CI Al scheduled following meetings by Staff Task 2 end 3 t Development Professionals, Neighborhood Organizations. - Other groups as Identified by Town Phase 2: Diagonals and Annotated Outline 1. Diagnosis/Outline Staff Draft A. Clarion prepares DlagnosislOutline for staff review B. Project Team Meeting to review draft DlagnosislOutiine ilfeeti g A i4 C. Clarion revises draft DlagnosislOutline per Project Team comments i'iy >_ s 2. Dlagonsls/Outline Public Draft A. Clarion and Project Team present Diagnosis/Outline to Town oftlelats Meet ngs B and Cr B. Staff provides notice of meetings _ ,. [ I L Phase 3: Draft New Land Development Code 1. Staff Drafts Module 1 A. Module 1: Procedures/Administration - Clarion drafts standards B. Project Team Meeting to review draft Module 1 _ Nesting A 2. Discussion Drafts Module t A. Clarion revises Module 1 per Project Team comments B. Meeting with ZACITown Council to review Module 1 _ Meetlnga B end C :0 3. Staff Drafts Module 2 A. Module 2: Zone Districts and Uses - Clarion drafts standards I y' `'"` B. Project Team Meeting to review draft Module 2 r Meeting A ?4 4. Discussion Drafts Module 2 rt;= A. Clarion revises Module 2 per Project Team comments B. Meeting with ZAC/Town Council to review Module 2 _ _ Meet B end* 5. Staff Drafts Module 3 A. Module 3: Development Standards - Clarion drafts standards B. Project Team Meeting to review draft Module 3 Meeting A i,ti.i 8. Discussion Drafts Module 3 A. Clarion revises Module 3 per Project Team comments B. Meeting with ZAC/Town Council to review Module 3 -4- Meet B and C 0 7. Design Testing (Optional) J A. Project Team and Clarion identify test projects beveling O J B. Clarion reviews test projects and reports back to ZACITown Council Mardi B and C T1?. 8. Public Draft A. Clarion Prepares Public Review Draft of Complete Regulations Phase 4: Code Adoption Adoption Support j 1 1 1 1 1 Weenie 00 00 Page 12 of 12 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian N. Kozak, Chief of Police Date: August 26, 2008 Re: IGA for Law Enforcement Services within Eagle County Summary: The intergovernmental agreement will allow Avon police officers to have full authority within the unincorporated areas of Eagle County and locations that border the Town of Avon. Background: Colorado Revised Statue 16-3-110 permits a municipal police officer to act when a felony or misdemeanor is committed in his or her presence regardless of the jurisdiction. However, the statute does not specify the authority of the officer to act in regards to traffic violations, which may then lead to felony or misdemeanor crimes. Therefore, officers are hesitant to take law enforcement action in the unincorporated areas surrounding the Town of Avon. The agreement allows for Avon officers to have full authority in the unincorporated areas surrounding the Town of Avon. Discussion: The intermixing of municipal and county jurisdictions may cause potential confusion as to the actual jurisdiction of each entity's peace officer and citizens. The IGA permits our officers to take action when a violation is observed, regardless of the actual jurisdiction. Financial Implications: The IGA does not have any immediate fiscal implications. However, if an officer takes enforcement action in the county it may be later required that the officer testify in the county court. The town would then have to pay for the officer's salary to do so. Though, the action is in the interest of public safety, which is a benefit to our community. Recommendation: Staff recommends adoption of the IGA. Recommended Motion: I move to adopt the IGA between the Town of Avon and the Eagle County for the provision of law enforcement services within unincorporated Eagle County. Town Manager Comments: INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND EAGLE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY THIS AGREEMENT is made and entered into this day of ItL4J -tjS! , 2008, by and between the Town of Avon Police Department and the Town of Avon (hereinafter jointly referred to as the "Town") and the Eagle County Sheriffs Office and the County of Eagle (hereinafter jointly referred to as the "County"). Collectively these entities are also referred to as the "Parties." RECITALS WHEREAS, the Parties enter into this Agreement under the general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; WHEREAS, the Town is empowered to provide law enforcement functions within its incorporated boundaries; and WHEREAS, the Town's peace officers as defined by C.R.S. § 16-3-110 (1)(a) ("Municipal Officers") are authorized by the Town and the terms of C.R.S. § 16-3-110 to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether that Municipal Officer is within the Town's boundaries or whether that Municipal Officer is on duty; and WHEREAS, it is the Sheriffs duty to preserve the peace within Eagle County, including the unincorporated areas of Eagle County, some of which unincorporated areas are adjacent to Town boundaries; and WHEREAS, the intermixing of municipal and county jurisdictions may cause potential confusion as to the actual jurisdiction of each entity's peace officers; and WHEREAS, the County and Town desire that the Municipal Officers perform law enforcement functions and enforce the state's statutes within those portions of unincorporated Eagle County as necessary in the interest of public safety; and WHEREAS, the County and Town also desire that the Municipal Officers act when a Municipal Officer observes a felony, misdemeanor, crime, or other statutory offense being committed while that Municipal Officer is engaged in official police duties; and WHEREAS, County and Town enter into this Agreement under the specific authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11-410 (2). NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. The Town, through its Police Department, will be authorized to provide general law enforcement services in that portion of unincorporated Eagle County to the extent and the manner hereinafter set forth. For purposes of this agreement, general law enforcement services shall consist of responding to, investigating, and enforcing violations of the Colorado Criminal Code or other Colorado statute that the Eagle County Sheriff's Office is authorized to enforce in a manner consistent with the level of performance of peace officers throughout the State of Colorado. General law enforcement services may also consist of patrolling the area adjacent to the town to the extent determined necessary by Town in its discretion. 2. The Town, through its Police Department, will be authorized to act and otherwise provide general law enforcement services in any situation in which a felony, misdemeanor, crime or other statutory offense has been or is being committed in such Municipal Officer's presence when such Municipal Officer is in unincorporated Eagle County due to official police duties. 3. The Town shall notify the Sheriff of all felony and other serious criminal incidents originating in the unincorporated areas of Eagle County and the Sheriff shall be given the option to retain primary jurisdiction in those incidents. Nothing in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of the County or the Town. 4. As for Municipal Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with the Town. 5. The Town shall provide to the County a service activities provided under this Agreement. criminal complaints, property loss, crime analysis alteration of services, if any. 6. All citations written by a Municipal Officer for violations of any Colorado State Statute or law in unincorporated Eagle County shall command the alleged violator to appear before the Eagle County Court. Town personnel shall be available to appear before the Eagle County Court as needed to prosecute each violation. quarterly report detailing law enforcement Said report shall detail number and type of data and recommendations as to beneficial 7. The Town shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the service to be rendered herein. 8. The Town shall have full cooperation from the County, its officers, agents and employees so as to facilitate the performance of this Agreement. Each Party shall give prompt and due consideration to all requests from the other Party regarding delivery of general law enforcement services and shall work cooperatively to achieve the service called for herein. Such request may be transmitted in person, by phone, radio, electronic medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement. 9. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement 2 shall be considered and shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement. No employee of the Town shall be deemed an employee of the County, even if the Municipal Officer acts on the County's behalf under this Agreement. 10. The County shall not be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any Town personnel performing services hereunder. Additionally, the County shall not be liable for compensation or indemnity to any Town personnel for injury or sickness arising out of his/her performance under this Agreement. 11. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each other, their respective agents, officers, and employees of and from any and all loss, costs, damages, injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party, whatsoever, arising out of or related to the respective Parties performance or nonperformance under this Agreement. Neither Party shall be deemed to assume any liability for intentional or negligent acts of the other Party. By agreeing to this provision, the parties do not waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., The provisions of C.R.S. § 29-5-108 shall not apply to activities conducted pursuant to this Agreement. 12. Each Party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 13. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the date of its execution though December 31, 2008. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives notice to the other at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement or to re -negotiate the terms, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1St to December 31st of each respective year. 14. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by either Party. 15. Any written notices required or permitted to be given hereunder shall be delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice 3 to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Sheriff Joe Hoy P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone) (970) 328-1448 (fax) With a copy to: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (970) 328-8685 (telephone) (970) 328-8699 (fax) Town: Chief Brian Kozak P.O. Box 975 Avon, Colorado 81620 (970) 748-4040 (telephone) (970) 845-7098 (fax) With a copy to: Town Attorney's Office P.O. Box 975 Avon, Colorado 81620 (970) 748-6400 (telephone) (970) 748-8881 (fax) 16. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 17. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 18. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 19. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 4 20. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 21. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY COMMISSIONERS ATTEST: BY: Clerk to the B' ar ATTEST: BY: By: By: Clerk to the Town Council eter F. Runyon, Chairman LE COUNTY SHERIFF'S OFFICE BY AND THROUGH ITS SHERIFF Hoy, TOWN OF AVON, STATE OF COLORADO BY AND THROUGH ITS MAYOR Ronald C. Wolf, Mayor INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND EAGLE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY THIS AGREEMENT is made and entered into this S day of ALU4CUSI , 2008, by and between the Town of Avon Police Department and the Town of Avon (hereinafter jointly referred to as the "Town") and the Eagle County Sheriffs Office and the County of Eagle (hereinafter jointly referred to as the "County"). Collectively these entities are also referred to as the "Parties." RECITALS WHEREAS, the Parties enter into this Agreement under the general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; WHEREAS, the Town is empowered to provide law enforcement functions within its incorporated boundaries; and WHEREAS, the Town's peace officers as defined by C.R.S. § 16-3-110 (1)(a) ("Municipal Officers") are authorized by the Town and the terms of C.R.S. § 16-3-110 to act when a felony or misdemeanor is committed in a Municipal Officer's presence regardless of whether that Municipal Officer is within the Town's boundaries or whether that Municipal Officer is on duty; and WHEREAS, it is the Sheriffs duty to preserve the peace within Eagle County, including the unincorporated areas of Eagle County, some of which unincorporated areas are adjacent to Town boundaries; and WHEREAS, the intermixing of municipal and county jurisdictions may cause potential confusion as to the actual jurisdiction of each entity's peace officers; and WHEREAS, the County and Town desire that the Municipal Officers perform law enforcement functions and enforce the state's statutes within those portions of unincorporated Eagle County as necessary in the interest of public safety; and WHEREAS, the County and Town also desire that the Municipal Officers act when a Municipal Officer observes a felony, misdemeanor, crime, or other statutory offense being committed while that Municipal Officer is engaged in official police duties; and WHEREAS, County and Town enter into this Agreement under the specific authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11-410 (2). NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1 1. The Town, through its Police Department, will be authorized to provide general law enforcement services in that portion of unincorporated Eagle County to the extent and the manner hereinafter set forth. For purposes of this agreement, general law enforcement services shall consist of responding to, investigating, and enforcing violations of the Colorado Criminal Code or other Colorado statute that the Eagle County Sheriff's Office is authorized to enforce in a manner consistent with the level of performance of peace officers throughout the State of Colorado. General law enforcement services may also consist of patrolling the area adjacent to the town to the extent determined necessary by Town in its discretion. 2. The Town, through its Police Department, will be authorized to act and otherwise provide general law enforcement services in any situation in which a felony, misdemeanor, crime or other statutory offense has been or is being committed in such Municipal Officer's presence when such Municipal Officer is in unincorporated Eagle County due to official police duties. 3. The Town shall notify the Sheriff of all felony and other serious criminal incidents originating in the unincorporated areas of Eagle County and the Sheriff shall be given the option to retain primary jurisdiction in those incidents. Nothing in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of the County or the Town. 4. As for Municipal Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with the Town. 5. The Town shall provide to the County a quarterly report detailing law enforcement service activities provided under this Agreement. Said report shall detail number and type of criminal complaints, property loss, crime analysis data and recommendations as to beneficial alteration of services, if any. 6. All citations written by a Municipal Officer for violations of any Colorado State Statute or law in unincorporated Eagle County shall command the alleged violator to appear before the Eagle County Court. Town personnel shall be available to appear before the Eagle County Court as needed to prosecute each violation. 7. The Town shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the service to be rendered herein. 8. The Town shall have full cooperation from the County, its officers, agents and employees so as to facilitate the performance of this Agreement. Each Party shall give prompt and due consideration to all requests from the other Party regarding delivery of general law enforcement services and shall work cooperatively to achieve the service called for herein. Such request may be transmitted in person, by phone, radio, electronic medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement. 9. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement 2 shall be considered and shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement. No employee of the Town shall be deemed an employee of the County, even if the Municipal Officer acts on the County's behalf under this Agreement. 10. The County shall not be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any Town personnel performing services hereunder. Additionally, the County shall not be liable for compensation or indemnity to any Town personnel for injury or sickness arising out of his/her performance under this Agreement. 11. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each other, their respective agents, officers, and employees of and from any and all loss, costs, damages, injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party, whatsoever, arising out of or related to the respective Parties performance or nonperformance under this Agreement. Neither Party shall be deemed to assume any liability for intentional or negligent acts of the other Party. By agreeing to this provision, the parties do not waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., The provisions of C.R.S. § 29-5-108 shall not apply to activities conducted pursuant to this Agreement. 12. Each Party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 13. Unless sooner terminated as provided hereunder, this Agreement shall be effective from the date of its execution though December 31, 2008. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives notice to the other at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement or to re -negotiate the terms, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1St to December 31St of each respective year. 14. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by either Party. 15. Any written notices required or permitted to be given hereunder shall be delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice 3 to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Sheriff Joe Hoy P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone) (970) 328-1448 (fax) With a copy to: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (970) 328-8685 (telephone) (970) 328-8699 (fax) Town: Chief Brian Kozak P.O. Box 975 Avon, Colorado 81620 (970) 748-4040 (telephone) (970) 845-7098 (fax) With a copy to: Town Attorney's Office P.O. Box 975 Avon, Colorado 81620 (970) 748-6400 (telephone) (970) 748-8881 (fax) 16. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 17. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 18. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 19. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 4 20. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 21. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. ATTEST: BY: C erk to the 14 4 : DK.au i N EAGLE COUNTY SHERIFF'S OFFICE BY AND THROUGH ITS SHERIFF COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY COMMISSIO ► ERS F. Runyon, Chairman By: By: ATTEST: BY: Clerk to the Town Council TOWN OF AVON, STATE OF COLORADO BY AND THROUGH ITS MAYOR Ronald C. Wolf, Mayor 5 Memo C 0 V N LOR ADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager Community Development Date: August 26, 2008 Re: First Reading of Ordinance No. 08-09, an Amendment to the Avon Municipal Code, Title 15, Chapter 15.12 Electrical Code Summary: Attached to this memo is an ordinance for consideration upon first reading. The purpose of Ordinance No. 08-09 (Exhibit A) is to amend Title 15, Chapter 5.12, of the Avon Municipal Code (AMC) in order to adopt by reference The 2008 Edition of the National Electrical Code. Staff is currently operating under the 2002 edition of the National Electrical Code. This ordinance was- referred to the Town Attorney for review and any comments have been incorporated into the ordinance. Recommendation: Staff recommends the Town Council approves on First Reading Ordinance No. 08- 09 as written and attached to this memorandum. Proposed Motion: "I move to approve and adopt Ordinance No. 08-09 on First Reading." Town Manager Comments: Attachments: A. Ordinance No. 08-09 TOWN OF AVON, COLORADO ORDINANCE NO. 08-09 SERIES OF 2008 FIRST READING OF ORDINANCE NO. 08-09, SERIES OF 2008, AN ORDINACE AMENDING CHAPTER 15.12, ELECTRICAL CODE, TITLE 15, BUILDING AND CONSTRUCTION, AVON MUNICIPAL CODE (AMC), IN ORDER TO ADOPT BY REFERENCE THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The 2008 Edition of the National Electrical Code has been published; and WHEREAS, the Town of Avon has purpose and cause to adopt by reference the 2008 Edition of the National Electrical Code via this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT: Chapter 15.12 of the Avon Municipal Code is hereby amended to read as follows (deletions shown in strikethrough, additions shown in bold): CHAPTER 15.12 Electrical Code 15.12.010 Adoption. Section 6.9 of the Town Charter, provides that standard codes may be adopted by reference, with amendments. The Town of Avon hereby adopts the 2002 2008 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 2002 2008 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. (Ord. 04-14 §3) 15.12.020 Administration — fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203-1941 (Telephone 303-894-2300). (Ord. 04-14 §3) 15.12.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2002 2008 Edition of the National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." (Ord. 04-14 §3) 15.12.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 07-03 §15; Ord. 04-14 §3) 15.12.080 Validity. If any section, subsection, sentence, clause or phrase of the 2002 2008 Edition of the National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. (Ord. 04-14 §3) 15.12.090 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. (Ord. 04-14 §3) INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of August, 2008, and a public hearing on second reading of this ordinance shall be held at the regular meeting of the Town Council on the 9th day of September, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 9th day of September, 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney IILU:r .nl.'' \I I.Id TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, AUGUST 26, 2008 MEETING BEGINS AT 2:15 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS )iVON O L O R A 0 0 TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 2:15 PM 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 2:15 PM - 2:30 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES a. U.S.F.S. Land Exchange Update (Ron Wolfe, Mayor) b. Lake Street Update (Jeff Schneider, Project Engineer) Memo only c. Town of Avon 2008 Annual Street Improvement Updates (Shane Pegram, Engineer II) Memo only d. Avon Recreation Center Projects Update (Shane Pegram, Engineer II) Memo only 2:30 PM — 3:30 PM 3. PRESENTATION FOR HARRY A. NOTTINGHAM PARKS MASTER PLAN (Matt Gennett, Planning Manager and Pedro Campos, Vail Architecture Group) Presentation of the Draft Harry A. Nottingham Park Master Plan which outlines future improvements and timelines for improvements to Nottingham Park 3:30 PM — 4:30 PM 4:30PM - 4:45 PM 4:45 PM - 5:00 PM 5:00 PM - 5:15PM 5:15 PM 4. REVIEW OF CAPITAL IMPROVEMENT PROJECTS LONG RANGE PLAN (Scott Wright, Assistant Town Manager Finance) 5. NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) UPDATE (Gary Severson, Executive Director, Shanna Koening, CO Director for Water Quality & Quantity Committee) Review of the NWCCOG organization and its regional efforts 6. 2009 POND HOCKEY TOURNAMENT UPDATE (Meryl Jacobs, Recreation Director) The Pond Hockey tournament event update 7. AMPLIFIED SOUND UPDATE (Matt Pielsticker, Planner II) Review of the current amplified sound guidelines as well as a discussion on potential amendments to the procedural requirements 8. ADJOURNMENT Avon Council Meeting.08.08.26 Page 2 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer/of/4- Jeffrey Schneider, P.E., Project Engineer Date: August 21, 2008 Re: Lake Street Public Improvements Schedule Update (Memo Only) Summary: This memorandum is to provide a brief update on the construction schedule for the Lake Street Public Improvements. Lake Street consists of a new roadway from the existing intersection of West Beaver Creek Boulevard and West Benchmark Road, proceeds to the southwest along Buck Creek, curves west of the Recreation Center and proceeds due south to the western at -grade Railroad Crossing at Riverfront Lane. The northern half of the project is substantially complete and is scheduled to be open to vehicular traffic on Monday, August 25th. Immediately following the opening of Phase I will be the commencement of Phase II, from roughly the former volleyball court location to the Union Pacific Railroad Right of Way. Phase II will be initiated by relocating perimeter fencing and installation of erosion and sediment control measures. Some landscaping activities may be simultaneously occurring within Phase I, and appropriate traffic control measures will be implemented to manage pedestrian and vehicular traffic. The east parking lot of the Municipal Building will be closed during the entirety of Phase II, with the tie-in to the western at -grade railroad crossing constructed last to maintain access to the police station and the west Municipal Building lot. Construction of the transit shelter is underway, with delivery of the above -ground portion anticipated approximately September 9. Light pole installation is scheduled for August 22nd and 25th. Demolition of Phase II will be underway approximately August 27th, with utility work, including water main installation and storm drainage inlets and piping, to closely follow. A three week look -ahead schedule is attached as Exhibit A to this memorandum. The entirety of the project remains in accordance with the original schedule, with substantial completion of all work on October 10, 2008 and final completion and acceptance on October 24, 2008. Town Manager Comments: Attachments: Exhibit A Three-week Look -ahead Schedule EXHIBIT A 8 z a. x Lake Street Improvements - Avon, CO CI ICIIIIIIIIIIIIIIIIIIIIIIIIMIMIIIIIIIIIMIIIIIIMMIIIIIMIMII CIIIMIIIIIIIIIIIIIIIIIIIIIMIIIIIIIMIIIIIIIIIMMIIIMMIIIM CIIIIMIIIIIIIIIIIMIIIIIIIIIIIIIMIEMIIIMIMIMIIIIIIMI CCIIIIIIIIIIIIIIIIIIIIMMIMMIIIMMIIIIIIIIIIII 0:uuiiiIIIIIIIIuiiiiiIIIIIIIIIIIIMMIMIIIIII©II CCIIMIMIIIIIIIIIMIMIIIMMIIIMMIIIIIIIMMIIIMMI 0© I©©.............. .................... © I: ..................................,. ©©................... ............... MIIMIMMIIIIIIIIIMMINIMMINNIMMIIIIMINEN I©.................... ........ ...... CO I©©.................................. ©©.................................. C: .................................. ®©.................................. ©:.................................. C© .................................. B© MI s ®:.................................. eeiiiisiii�iii��iiiiiiiiiiiiiiiiiiii CIIIMIIIIIIIIIIIIMMIIMIIMMINEMMINIMBIEM CCEMIIMIIIIIIMMIIIIIIMMIIIMIMEMBIIIIIN Leo ._. iril!!!!!!!!!!!!!!!!!!!!!!1a$ 'e '3 3 3= 3$ 3 3 t a f � V O (A m m IC m O. 6 6 d d � 6 6 d O. EOai� O � O 06 d d d E !� n i� s O O � N Qs� �� c p p s y� ag �� ,� _"�n zt� Q � ` C o y C °� � 3 02p, � °' y e@ � S -E �� >d � y �JC � � F" � C� - 1 F —il U a �� � ($RHOF96EE^ IIIIIIIIIIIIIIIIIIHhIIiT Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer 474 µ Shane Pegram, Engineer II Date: August 20, 2008 Re: Staff Update - Town of Avon 2008 Annual Street Improvements Summary: This memo provides an update to Town Council on the construction progress for the 2008 Street Improvements, as well as the Wildridge Loop Pedestrian Improvements project. The 2008 Street Improvements consists of improvements to Sun Road, West Beaver Creek Boulevard, and Longsun Lane. Previous Council Action: April 22, 2008 Approved Change Order 003 - 2008 Annual Street Improvements, including Wildridge Road East, Wildridge Road West, Longsun Lane and Sun Road. West Beaver Creek Blvd overlay was removed from the change order. May 13, 2008 Approved Change Order 004 - 2008 Annual Street Improvements, including pavement striping, parallel parking lanes, and required sidewalk work. Discussion: The 2008 Street Improvement project consists of work on Sun Road, West Beaver Creek Boulevard and Longsun Lane. Work on Sun Road, comprised of sidewalk ramp and curb and gutter replacement and an asphalt overlay, began on May 5, 2008. Several weather delays and unexpected soil conditions beneath curb and gutter and sidewalk areas increased the Sun Road improvement duration. Work was completed on May 23rd. Sidewalk and curb and gutter work began on West Beaver Creek Boulevard on May 27, 2008 and was completed on June 23rd. Repairs were made to the cross walk near Pier One on East Benchmark Road on June 5th. Change Order 005 on tonight's consent agenda adjusts final quantities for Sun Road and West Beaver Creek Blvd. The Wildridge Loop Pedestrian Improvements project consists of Wildridge Road East and West lane narrowing, pedestrian lane addition, and an asphalt overlay. B & B began mobilizing to Wildridge on June 18, 2008. Widening of the road surface and crack repair was completed on August 11th. Asphalt overlay began on Wildridge Road East and West on August 18th. The Longsun Lane overlay was completed on August 20th. Wildridge Road East and West overlays will be completed on August 22nd. Striping and rumble strip work should take place the week of August 25th Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer! Cif ({- Shane Pegram, Engineer II Date: August 20, 2008 Re: Avon Recreation Center Projects Update Summary: This memo provides an update to Town Council on the Avon Recreation Center's upcoming projects. The Recreation Center will be closed during the month of October to complete multiple projects. Discussion: The Avon Recreation Center Remodel will begin on October 1, 2008. Staging and preparation work will begin in late September 2008. The Recreation Center will be closed during the month of October to complete the remodel project and the following list of additional Recreation Center projects: • The southwest patio ceiling and CMU column are in need of repair due to moisture damage. Fritzlen Pierce Architects are completing design documents for the repairs. Patio repairs will be change ordered into the Mark Young contract. • Recreation Center pool surfaces require improvements. Recreation Center staff will be managing a contract for resurfacing the pools. • Three of the existing HVAC units are scheduled for replacement by Trane. Replacement will be coordinated by Engineering and Recreation Center staff. • Wiss, Janey, Elstner, Inc. will be conducting an investigation to determine why the existing exterior CMU fa�ade is failing. The investigation will take place in the coming weeks following approval of their contract during tonight's consent agenda. Staff will evaluate their recommendation and proceed with repairs if they can be accounted for with the 2008 budget. The remodel project will be substantially completed on October 31, 2008 to allow reopening the Recreation Center on November 1, 2008. Town Manager Comments. HEART of the VALLEY Memo AVON COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Managers ff ee Date: August 26, 2008 Council Meeting Re: Presentation for Harry A. Nottingham Park Master Plan Summary: Pedro Campos, on behalf of VAg, Inc. and the rest of the design team, will present a PowerPoint presentation detailing the draft of the Harry A. Nottingham Park Master Plan. Attached to this Staff Memorandum for your reference are documents titled Recommendations for Improvements by Zone, Key to the Zone Map, and a Conceptual Master Plan map detailing each priority Zone identified in the park. The intent of this meeting is to provide the design team with clear direction on the recommended improvements and timeline for the completion of those improvements. Background: A public process was embarked upon in the Spring of 2008 to determine what modifications, if any, were needed to Harry A. Nottingham Park to ensure the parks continued use. The public process began with a stakeholder group meeting to discuss potential changes and subsequently included Public Meetings. A survey was undertaken to acquire input from the citizens of the Town and to ascertain the most used areas in the park, the highest needs for improvements, and items missing from the park. The Design Team, lead by Pedro Campos, Sherry Dorward, and members of the Town Staff, reviewed the comments made during the public review process and have produced materials to be assembled into a Draft Master Plan. The Draft Master Plan materials were presented to the Planning and Zoning Commission at their July 1st, July 15th, and August 19th, 2008 meetings. The Commission provided the Design Team with feedback on potential phasing, the need for specific improvements, and the timeframe for the proposed improvements. Staff Recommendation: Staff recommends that the Town Council provide feedback for the design team to incorporate into the Draft Master Plan document and to be brought back to the Planning and Zoning Commission and subsequently formally adopted by the Town Council in upcoming meetings. Town Manager Comments: Ahments: Recommendations for Improvements by Zone Key to the Zone Map Recommended Phasing Schedule Conceptual Master Plan HARRY A. NOTTINGHAM PARK MASTER PLAN Recommendations for Improvements by Zone August 26, 2008 - Town of Avon Council Meeting Organized around the lake, Harry A. Nottingham Park is a collection of distinct areas, or zones. Each of these supports slightly different recreational activities and, to some extent, appeals to different user groups. For planning purposes, the zones are useful as a framework to evaluate existing conditions and needed improvements in the park. Zone A - The Common Green The large lawn that distinguishes Zone A is the communal heart of the park. The part of the park that is closest to the commercial core of Avon, Zone A is the venue not only for community sports events but also for large special events, festivals and performances that attract both local residents and visitors to the town. The master plan goals in this zone are: 1) To enhance the visual and physical connection between Avon's revitalizing commercial core and the lake by extending the new Main Street into the park in some fashion; 2) To enhance the lake edge as an attraction; 3) To improve the visibility of the entries into the park from Lake Street; and 4) To maintain the lawn as a functional playing field as well as a multi -purpose event venue. Recommended improvements include: • Extension of Main Street to the lake as an improved pathway that provides at its edge some informal seating and places to set up festival booths • New entry signage and gateway monuments at points of entry from Lake Street • Fishing is Fun pier • A new shallow wading area at the lakeshore, possibly with a water feature visible from the Lake Street promenade • New pedestrian lighting • New pump house facade, possibly integrated with the future addition of a multi- purpose lakeside pavilion and larger rental concession spaces (see Zone E) Zone B - Lake Edge and Path All of the lake edges and the asphalt paths that rim the dam have been grouped together as Zone B. In addition, the recreation path leading into the southwest corner of the park is a section of Zone B. It was generally agreed in community feedback that the lake edges are not inviting, aesthetically pleasing, or particularly conducive to passive activities like fishing. The south and west lake edges are armored with riprap; the north and east sides are overgrown and weedy. There are few comfortable places to sit at the water's edge. The fence along the south side is unsightly, lighting is insufficient, and the overall character of the lake edge is less natural than people would like to see. Recommendations for Park Improvements (Draft 8/19/08) VAg/SDLA Page 1 The master plan goals in this zone are: 1) To add interest and complexity to the lake edges and, where possible, to make them seem more natural in appearance 2) To provide more seating opportunities around the lakeshore 3) To reduce potential safety hazards on the recreation path from conflicts between higher -speed "commuter" bike traffic and other users 4) To improve the overall quality of pathways, lighting, fencing and amenities Recommended improvements include: • Improved paths along the south and west lake edges • New artistic fence/wall across dam • More attractive boulder shoreline that provides opportunities for sitting • New seating/fishing areas at lakeshore • New lighting • Improved path connection to west Avon • Directional signage Zone C - East Family Picnic/Play Area Zone C offers more variety in landscape character and recreational activities than any other place in the park. Shaded by large trees and bisected by irrigation channels, it contains play areas for tots and older kids, an undersized picnic pavilion, and public restrooms, all of which are overused and in suboptimal condition. The master plan goals in this zone are: 1) To provide picnic facilities adequate to support existing and anticipated levels of use by families and small groups 2) To update the children's play areas 3) To provide clean, safe, attractive year-round restrooms 4) To integrate opportunities for kids' play and exploration into the natural landscape of the stream and the pond Recommended improvements include: • New tots' and kids' play areas • New group picnic pavilion with restrooms • Additional picnic tables & new site furnishings • Improved paths • More landscaping • Naturalized irrigation channel • Better access around pond Recommendations for Park Improvements (Draft 8/19/08) VAg/SDLA Page 2 Zone D - West Family Picnic/Play Area Similar to Zone C, this area on the west side of the lake could be significantly enhanced to provide greater opportunities for kids' play and family gathering. Use patterns on the west side of the park suggest that residents in the neighborhoods southwest of the park frequently use this area for gathering and recreation, but there are few facilities other than those connected with the elementary school. The master plan goals in this zone are: 1) To provide picnic facilities adequate to support existing and anticipated levels of use by families and small groups 2) To provide a place for tots to play adjacent to the picnic areas and the ballfield 3) To provide restrooms that serve the west half of the park 4) Retention of a clear area for winter sledding on the face of the dam Recommended improvements include: • New tots' play area • New picnic pavilion with restrooms • New picnic tables & site furnishings • Improved path • More landscaping to screen the area from neighboring condos and the water treatment plant • Naturalized vegetation in place of mowed sod on the sloped face of dam and the addition of some boulders for seating near the outflow channel Zone E - Park Facilities Core This small area at the southeast corner of the lake, just south of the pump house, currently houses a visually unrelated conglomeration of facilities: the park maintenance building, the log house where skates and paddleboats can be rented, a dock for paddleboats, and a few shaded picnic areas by the water. The main east -west recreation path bisects the zone. It is likely that all these facilities will need to be expanded to support future growth in the intensity of activity in the park. The master plan goals in this zone are: 1) To support future growth in use of recreation facilities in the park 2) To support a greater variety of year-round activity at the lake edge 3) To enhance the view terminus of Main Street 4) To house these facilities in a family of small-scale structures that are sensitive to viewlines and that reflect historical design motifs evolving in Avon's new civic developments Recommended improvements include: • Multi -purpose community pavilion/bandshell Recommendations for Park Improvements (Draft 8/19/08) VAg/SDLA Page 3 • Extension of a boardwalk -type promenade/porch along the lakeshore • Restrooms • Expanded concession space • New lighting and park furniture Zone F - North Park Edge The large grassy margin of the park along the north side of the lake is highly valued as natural open space and for the dramatic views across the lake toward the ski slopes of Beaver Creek. Community feedback emphasized that it should function exclusively for passive recreation, with the emphasis on trails, seating, and landscape quality. The master plan goals in this zone are: 1) To offer more opportunities for sifting and picnicking on this side of the lake 2) To separate fast-moving bike traffic from casual strollers 3) To preserve the mature trees 4) To screen the park from neighboring residential units without obstructing their lake views 5) To reduce the amount of sodded area that has to be mowed and irrigated 6) To increase the perception of safety through better lighting Recommended improvements include: • Asphalt recreation path relocated and improved • New park furniture and lighting • Sand beach replaced with sod • Volleyball relocated and natural lake edge restored • New entry monuments along W. Beaver Cr. Blvd. • Naturalized vegetation along north fenceline • Optional community garden Zone G - Westside Recreation Facilities This zone encompasses the recreation facilities associated with the elementary school but open to the public when school is not in session. Many residents were unaware that this area is in fact part of the park. It provides the only parking supply on the western side of the park. Other than aesthetic upgrades in the landscape, long-term needs and opportunities for improvement have yet to be determined for this zone. The master plan goals in this zone are: 1) To increase directional clarity at the ped/bike and vehicular entries from West Beaver Creek Blvd. 2) To explore opportunities to upgrade existing facilities Recommendations for Park Improvements (Draft 8/19/08) VAg/SDLA Page 4 Recommended improvements include: • Additional landscaping • Park entry monument and directional signage • Parking lot lighting • More direct trail connection to the park (See also Zone B) Zone H - Public Redevelopment Site The adopted plan for West Avon's commercial core calls for relocating the municipal building to a new site at the west end of Main Street. When the current site of the Town Hall is made available for re -use, it is timely to consider how it might be used to support the park and the future growth of activities and events in the park. The master plan goals in this zone are: 1) To encourage the Town Council to consider using the parcel for park support facilities and parking 2) To prompt study, programming and master planning of the site in conjunction with plans to relocate Town Hall Recommended improvements include: • Future structured parking • Future expansion of park maintenance facility • "Back -of -house" access and support for large events Recommendations for Park Improvements (Draft 8/19/08) VAg/SDLA Page 5 HARRY A. NOTTINGHAM PARK MASTER PLAN Key to Conceptual Master Plan Zones August 26, 2008 - Town of Avon Council Meeting Zone A (Common Green) • Major new pathway as extension of Main Street • New entry signage and gateway monuments at Lake St. • Fishing is Fun pier • Wading area with water feature at lakeshore • New lighting • New pump house facade Zone B (Lake Edge and Path) • Improved paths south and west lakesides • New artistic fence/wall across dam • More attractive boulder shoreline • New seating/fishing areas at lakeshore • New lighting • Improved path connection to west Avon • Directional signage • Sand beach replaced with sod Zone C (East Family Picnic/Play Area) • New tots' and kids' play areas • New group picnic pavilion with restrooms • Additional picnic tables & new site furnishings • Improved paths • More landscaping • Naturalized irrigation channel • Better access around pond Zone D (West Family Picnic/Play Area) • New tots' play areas • New picnic pavilion with restrooms • Additional picnic tables & new site furnishings • Improved path • More landscaping • Naturalized vegetation on face of dam Zone E (Park Facilities Core) • Multi -purpose community pavilion/bandshell • Restrooms • Expanded concession space • New lighting and park furniture Zone F (North Park Edge) • Rec path relocated and improved • New park furniture and lighting • Volleyball relocated & lake edge restored • New entry monuments along W. Beaver Cr. Blvd. • Naturalized vegetation along north fenceline • Optional community garden Zone G (Westside Recreation Facilities) • Additional landscaping • Park entry monument and directional signage • Parking lot lighting Zone H (Public Redevelopment Site) • Future structured parking • Future expansion of park maintenance facility • "Back -of -house" support for large events DRAFT - Avon Town Council HARRY A. NOTTINGHAM PARK AUGUST 26, 2008 RECOMMENDED IMPROVEMENTS BY ZONE YEAR ; DESCRIPTION ZONE A: Main Street Extension, Central Green Space, Ballfield O C O) a) O 0 a 0) C C a a 0, O a) a a) O 0 y 0 a a) O a) a) C a N CO O N Initiate topo/improvements survey of the park a O Q a U 0 C a O C F t t U C O U C_ O U L U a a a N 0 a a) co N A -0b Detailed design of Main Street extension Widen to min. 10' with alcoves for seating; concrete w/ special paving edge O` O O N X m C 0 2 m 0 0. O m 0 m L O N 0) C 0 a a) 0 a } d Q U) a) O O a) C a O 0 6 a a U N C O U m O a) C O a) C a) a) C O O 00 U O O N A-2 New seatwall and planting along south side of path 2009 Pedestrian -scale pole -mounted fixtures A-3 1 New pedestrian lighting along path 2009 Finalize pier location in Fall 2008; improve paths to it for ADA access Install "Fishing is Fun" pier u> Q a) C O a ED. a) O U O E a O a a) O 0 C a) O O E a) 412 a 0) C U 8 C U 0 U a O O N New fa�ade on pump house Q C a) 4) 0) a E O 7 a. a) 0 a) m 0 E 0 a) O a) U, a) 0 0 .0 O• O N Develop a shallow wading area at lake edge N. Q 0 C O a O O` O N Water fountain in wading area, visible from Main St. plaza ZONE B -l: South and West Lake Edges and Rec Path B-1.0 Detailed design for south & west lake edge and wall/fencE 2008 Commission landscape architect and artist B-1.1 South lake edge - new boulders; create alcoves for fishing, 2009 Granite boulders larger than existing, with one flatter, "sittable" side; timber benches 2009 Integrated lighting B-1.2 South lake edge - install artistic wall/fence 2009 Modify irrigation layout B-1.3 South lake edge landscaping 2009 ;Asphalt path w/ special edge treatment; bollard lighting every 40-50' Path, south lake edge - new paving & pedestrian lighting West lake edge - set new boulders suitable for sitting, fishid 2009 l Existing small rip -rap boulders to be removed (use elsewhere in the park?) a) O) a a) O 0, O @J U) a) O Q a) U a a≥ a) ate) a) a E O a a M N a a a) O E a L a O` O N B-1.6 Path, west lake edge across dam - new paving, lighting rN a) J O` O N B-1.7 Directional signage at path intersection, southwest corner ZONE B-2: North Lake Edge and Soft Path O` O O N B-2.0 ,Detailed design O O N B-2.1 ,Upgrade the vegetated lake edge O O N B-2.2 New crushed stone path along north lake edge Benches with backs O N B-2.3 New furniture along lake shore O 0 B-2.4 1 Bollard lighting at/near seating O O N B-2.5 !Replace sand beach with sod O N a O O 4) U' a .0 >- O C (1) L a) 0) a) (1) 0 t C 0 a 4) C a m 0 a O) a) CV m a) 0 DRAFT - Avon Town Council HARRY A. NOTTINGHAM PARK AUGUST 26, 2008 RECOMMENDED IMPROVEMENTS BY ZONE ZONE B-3: Southwest Bike Path Extension CO U O O N N B -3.0a Determine feasibility of rec path connection around ERW& B -3.0b Determine feasibility/cost of future ped bridge across river U U O O N N Upgrade fencing along path N CO DESCRIPTION 0 0 a 0 a C E L U. 0 a W W a ▪ ) Y a i- ON co O N c') V U) 'O O 0 0 0 0 0 0 2009 I Coordination w/ Britina on Main Street terminus (s. a) 0 U O (T Relocate? Replace resilent surface in existing play areas with new sod Use boulders removed from lake edge 0 000000, O 0 O O O O O N N N N N N N Site master plan and detailed design for Lake St. edge & Zc Remove existing restrooms New tot play area New children's play area I New picnic/group BBQ pavilion and restrooms ;Additional smaller shade structures for picnics New furniture (benches, picnic tables, trash, bike racks) C-7 I Naturalize irrigation channel 2010 Modify irrigation system Add more trees & new sod along edge with playfield New bridge(s) over irrigation ditch O O N I New asphalt pathways through the zone c° 2009 Large boulders as stepping stones across the outflows; build in concert w/ fishing pier C-10 I New path across dam between pond and lake Treatment similar to Zone B-2.1 IAt location of existing outflow channels; may be done with new path, C-10. O O O O 0 O N N N New pedestrian lighting a) (CR 7 0 L a) o_ t E a ° a o D m } c Q 4 a 0 c E O V r. a) — o D O a a a E N >. U �0 a)to a) 3 0 D a G ) CO az w0 OH N M 0 0 0 2008 Hire design team for phase 2 design Detailed site plan and design of improvements 2009 Restrooms recommended in pavilion structure New picnic pavilion w/ BBQ New park furniture (benches, picnic tables, trash, bike racl, 2009 O 0 O 0 O 0 O O N N N N IAdd small tots' play area Z < dd trees and new landscaping O 7N M Q "? O 0 0 0 0 0 0 N a) 0) 0 d DRAFT - Avon Town Council HARRY A. NOTTINGHAM PARK AUGUST 26, 2008 RECOMMENDED IMPROVEMENTS BY ZONE Q O a) co D a) a) E O D a) O E a) N a) O Q a) N a a) 0 D 0 a) N a) O N 0 C .5 a) o• O O N Add intermittent boulders for sitting at toe of dam n O Replace sod along west -facing slope of dam w/ natural VE 2009 Irrigation modifications c9 ZONE E: Park Core Area 2009 Initiate DD- and CD -level architectural design in subsequent years as approp. Detailed site master plan and building program Remodel fa�ade of pump house and lakeside deck Add new multi -purpose pavilion/stage/bandshell Add new restrooms CO Replace or add onto log house to increase size of rental area w Add space for small deli/coffee concession w/ rentals LO D a) D a) a) C Expansion of maintenance facility? 'O w O1 C L 0) J n w New park furniture? CO YEAR DESCRIPTION Q H ZONE F: Landscape Area & Buffer Zone, North Park Edge Detailed site plan for new paths, seating areas & landscap 2011 O LL o• O O N a) C a) N 0 (15 O a) Co 4G O C O 0 m O C .N C m 3 m z LL 2012 Fill old alignment with topsoil and sod 4- 0 a a) 15 4- L Q O 40 a) 0 O 0 N 0 a) > O a E U- \ O N L O t N a) O O U C U Q a) r O C a) 8 a) C 7 w 0 Q a) z LL 2012 Bollards? New pedestrian lighting 12012 Needs community leadership to support Community garden, west entry north of school Will require retaining slope; use boulders removed from lake edge if stockpiled N O N Relocate existing volleyball courts uphill LL Replace sod between path and N. fence with natural veg 2012 U- N O N Irrigation modifications P U- ZONE G: School -Leased Area & Recreation Facilities 0 CO G-0 Needs assessment Additional landscaping at playfield edges Parking lot night lighting? O• O O N New entry monument and signage at parking entrance Other improvements TBD r) W 0) 0 a- DRAFT - Avon Town Council HARRY A. NOTTINGHAM PARK AUGUST 26, 2008 RECOMMENDED IMPROVEMENTS BY ZONE v a) 0) 0 a 4EAF � � Wye 'S yy • ►� 0 o 6 +ot 1• 1 VAg, Inc. Archit±.ts and Planners 9 70.949. 7034 SHERRY DORWA.RI} Landsp ac.e Architect 9'70.949.0830 4 M� * 174 'Mr 4 'r b p. log► •.. ,t - .4w, b a i .41 , •; s la R" ' .� ► �' m i. %!�! • ' -% ' Zone A 1. Major New Patl aysas Extension of Main Street 2. New EnrySgnage and Gateway Monuments of Lake Sreet 3. Fishing is Pia 4. Wading Area with Wata Feature at Lakeshore 5. New Lighting 6. New Pump House Facade Zone 61, B2, 113 1. Improved PathsSouth and West Lakesides 2. New Artstic Fence/Wall Across Dam 3. More Atractbe Boulder Shoreline 14. New Seating( Fishing Area 5. New Lighting 6. Improved Path Connection to West Avon 7. Directional Signage 8. Sand Beach Replaces with Sod Zone C 1. New Tots' and Kids' PlayAreas 2. New Group Picnic Pavilion with Rest toms 3. Additional Picnic Tables & New Site Furnishings 4. Improve Paths 5. Mare Landscaping 6. Naturalirad Irrigation Channel 7. Better Access Around Pond �•� 1. New Tots' Play Areas 2. New Picnic Pavilion with Restrooms 3. Additional Picnic Tables & New Site Furnishing 4. Improve Path 5. More Landscaping 6. Naturaliad Vegetaion on Face of Dam Zone E • ti 1. Multi -Purpose Community Pavilion( Bardshell 2. 113SITOOMS 3. Expanded Concession Space 4. New L' rid ' arrd Pak Furniture "`" } . = * +► "' ' m FY lot:2. il 1. Rec Path Relocated and Improved 2. New Park Furniture 3. Vo Ileyba ll Rebcated & Lake Edge Restored 4. New Entry Monuments abng W. Beaver Cr. Bl d. 5. Naturalized Vegetation abng North Fencelire Zone G j 1. Additional Landscaping Park Enry Monurrent and DirectionalSgnage 3. Parking Lot Light 1. Future Structured Parking 2. Future Exparrsbn of Pak Maintenance Facility 3. "Back -of -Ho use" Su ppat far Large Events 11'4 I UI I STRATWE MASTER P LAN Replace sand beach with sod Crushed stone walking path Overflow detention area Picnic Shelters (2?) Sledding Hill Group picnic/BBQ pavilion and re Kids/Tots Play Existing basketball court Boulder edge rebuilt along dam oms (?) Move path 2-3 feet west; use boulder at outside (west) edge for transition to slope Natural grasses "Sittable" boulders at toe of slope \"• g, Inc. :architect:. and PIanncrs 970.949.7034 New switch back to ease trail Artwall, trail, seating pods SHERRY IX)Ra4':'URD I andspa a Architect 970.949.0830 Core Site for future • multi -purpose pavilion • concessions (skates, boats) • food/coffee bar • restrooms • boardwalk Entry/Monument/Sign Slight realignment of Path from parking to accommodate counts Relocate volleyball courts New shallow area for kids wading Benches or picnic tables (typical) Fishing is Fun floating pier Existing trees "Sittable" boulder retaining New cascading outflow New/lmproved connection of giant stepping stone: Pond Group picnic pavilion and restrooms Move field +/-10 feet north and west (?) Entry sign Native edge Kids play Naturalized channel Tots play Additional screening with trees and shrubs Mit Future public redevelopment site • park support facilities • back -of -house support and&aQcess for special • public and/or controlled parking Zone A- The a Common Green The large lawn that der rtguishes zone A is the communal heart of the park. The part of the park that is closest to the commercial core of Avon Zone A s the venue not only for the community sport events but also for large special events, f�estvals aid performances that attract both Iota residents and visitors lo the town. The master plan goals in this zone are: I To enhance the visual and physical connection between Avon s feveal:zing cornmercMt core and the lake by ex.tend?r g the new Moan Street into the park n some fash►oo 2) To enhance the lake edge as an atlractlon, 3) To improve the visibility of the entries into the park from Lake Street, and 4) To maintain the lawn as a furtcAiona paying field as wet as a multi purpose event venue Recommended improvements include Zone C. East Family Picnic, Plat Area Zone C offers more variety ' landscape character and recreational activities than any other place f the park. Shaded by large trees and bisected by irrigabor charnels, it contains play areas for tots and older kids. an under- sized plan►c par :ion and public restrooms: all of v►hich are overused and in suboptimal coneeboe The master plan goals in this zone are:. 1) To provide picnic facilities adequate to support existing and anticipated Fevers of use by lam es and small groups 2) To update the C'_ dren's play areas 3) To provide clean, safe, attractive year-round restrooms 4) To integrate opporte-itres for kids' play and exploration nto the natural landscape of the stream and the pond Zone B. Lake Edge and Path All of the lake edges and the asphalt path that, rim the dam have been grouped together as Zone B. n Witte, the recreation path eading into the southwest comer of the park is a section of Zone B. It was generally agreed community feedback that the lake edges are not rviting aesthetically pleasing, or particularly conducive 10 passive activities like fishing The south west lake edges are armored withprap the north and east sides are overgrown and weedy -here are few comfortable places to sit at the water s edge The fence along the south sides unsightly; lighting I$ insufficient, and the overall character of the lake edge '`s less natural than the people would like to see. The master plan goals in this zone are: 1) To add interest and complexity to the ake edges and where possible to make them seem more natural in appear- ance 2) To provide more seating opportunities around the lakeshore 3) To reduce potential safety hazards on the recreation path from oonlbcas between higherpeed commuter" bike trafr c and other users 4)1'0 improve the overali quality of pathways, lighting, fenceg and amenities Similar to Zone C, This area on the west side of the lake could be signi%a^tly enhanced to provide greater opportu- nities for kids' play and tarn y gather rig, Use patterns on the west side of the park suggest that residents ^ the neighborhoods southwest of the pays frequently use this area for gathering and recreation, but there are few facili- t =es other that those connected with the elementary school The master plan goals in this sone are: 1) To provide picnic facilities adequate to support existing and anticipated levels of use by fad lee and sma groups 2) To provide a place for tots to play adjacent to the picnic areas and the bailleld 3) To provide restrooms that serve the west half of the park 4) Retention of a dear area for winter sledding on the face of the dam C Zone. .1P This small area at the southeast corner of the ake, just south of the pump house currently houses a visually unrelated conglomeration of facilities the park ma ntenance building, the log house where skates and paddleboats. and a few shaded picnic areas by the water. The main east -west recreation path bisects the zone. It is likely that aft these faCir ties wit need to be expanded to support future growth in the intensity of the actw ty a the pare The master plan goals in this zone are: 1) To sapper! future growth i^ use of recreation facilities n the park 2) To support a greater variety of year-round activity at the lake edge 3) b enhance the view temninus of Main Street 4) Ta house these facilities in a family of small-scale structures that are sensitive to view Ines and that reflect historical design motifs evolving in Avon's new civic developments This zone encompasses the recreation facilities associated with the elementary school but open to the public when school is not a session. Many residents were unaware that this area is n fact pail of the park. :t provides the only parking suppy on the western side of the park. Other than aesthetic upgrades in trie landscape, long-term needs and opportunities for improvement have yet to be determined for this zone The master plan goals in this zone are: 1) To rrrcnease diredtiona:" clarity at the pedlbike and vehicular entries. from West Beaver Creek Blvd.. 2) To explore opportunities to upgrade existing facilities It* large grassy maug n of the park along the north side of the lake is highly valued as natural open space and for the dramatic views across the lake toward the ski slopes of Beaver Creek. Community feedback emphasized that it shuld function exclusively for passive recreation, with the emphasis on trails, sealing, and landscape quality. The master plan goals in this lone are: 1) To offer more opportunities for sitting and picnicking c^ this side of the lake 2) To separate fast-moving bike traffic from casual strollers 3) To preserve the mature trees 4) To screen the park fro -1 neighboring residential units without obstructing their lake views 5) To redlcce the amount of sodded area that has to be mowed and irrigated The adopted plan for West Avon's commercia' core calls for relocating the municipal building to a new Ste at the west end of Main Street. When the current site of the Town Ha is made available for reuse 1 is tmety to consider how it might be used to support the park and the future growth of activities and events in the park. The master plan goals in this zone are: 1) To encerage tine Town Coure to consider using the parcel for park support fa.., dies and parking 2) To prompt study. programming and master pla Bing of the site 'n conjunction with plans to relocate Tom Ha'l • Future structured park 'g • Future expansion of park maintenance facility • 6Backrof-house` access argil support for large events August 14, 2008 Zone A- Main Street Extension rows m/ree. r k I 3 wr.___N Zone A- Sport/ Special Event Area e,ereA45A," l r `►f A Zone 61- Lake Edge and Path leavz 74 M7'se?dnrss a � Ste' ra55 96tfr Af;14.1 e"ier O r vatic01'roa S/2e, linier5coj "F - ha A- e Zone B2- Lake Edge and Path Arlie/bre 51‘ rsiotvrr% Hf /7,,.(4/44 I t H "farm& 'llresGr 14 6 /avylLAAe deole !I cALP /7/ :2 4r/ 40-11a/ ve S 1` ,j / � "1471‘rez/ �r1 P7 -"74t/ 7r1:41 Zone D- West Family Picnic/ Play Area - 4,00m re5i ieiger- 417 1M5,(0:07/COvr/ nedlind, 4n#i� 5 U /Ura/ / cv`f' kink sp ol4Aani A/rail / s4ci lah .Z7j h Shy , a1/ 9,pv1 ' ieiwG t7ad��/Dh 5c, Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: August 22, 2008 Re: Proposed Long -Range CIP Plan Summary: On Tuesday, staff will present to Council our recommendation of the 2009 long-range CIP plan. A number of significant changes have been made to the plan in order to better communicate what is becoming a very complicated plan. In addition to the change made last year to separate out nondiscretionary and discretionary projects, for this year we have also separated out grant -funded projects or projects that otherwise cannot be approved without specific identification of financing or other revenue sources. Attached you will find the Long-range CIP Plan along with associated project descriptions. The project descriptions follow the same format as the CIP plan with nondiscretionary projects listed first, followed by discretionary and grant -funded projects. Town Manager Comments: Attachments: A— Long-range CIP Plan B — Project Descriptions Council Memo 2008-011.doc TOWN OF AVON CAPITAL PROJECTS FUND 5 -YEAR PLAN a) N 0 0 a O N O N O 0 N a) 0) O O 0 NO3 N CO U 0 0 N Ca N t 0 O Q N REVENUES N CO ' ' 0 O N O .- M O O g W M d4 N M ' ' 0 O OD 0 co )- O O N 0) O 0) U) E4 O N ' 0 n- o 0 CO u) � N r W O M M ' 0 M CO 0 O CO O N CC N- CO Is - CO N O N O 0 O 1 co_ a U)) N N N O N .O- M ai 64 N 0 CO 0 O 0 CO N 64 Real Estate Transfer Tax Intergovernmental: Federal/State: ' 0 C) N N CO CO O N 0 .- ' 0 0 .- 0 O M in O O N ' O ' ' 0 O N O N ' ' 0 ' ' 0 0 0) 0) O 00 CO N CO M N CO CA C .c c0 L co T 2ixE- c a 2 d L O E C C N V L •0 U ' O tT a' ix .`+ h E •O 45 •o co 7 �c O z J > .c f0 co 0 s 0) m e CE Cl- , m c a cc`o U o a 'a "5 $ U Z 1_ (0 O.c g h w a) r E co c" c>o c c a a a c c o z m Q E E o ;� c c m a LLl a) a) ac) a •'v a; 0 0 co) Ln Ln c E if c iaCO m d c 7 (0 a a'm C E ... cL cL >= co y N N J N •N Y Y Q 0) 7 CO a' a. O 7 C C a>.> au. ) N C LL y U @WC_N Uu. U _ 1.I 0 00O0)0ca > y 8 > U U o W w H H co n t Ii D 4).Cco i2 (0 O N CD 0 O O N O N 03 (.6 N O CO C CO CO C) Cf) N N Cr; CC) CO 0 O w 0) O N 0) N O CO C) CO N C) co N co 0) O U) co A co N O O 0) CO Total Operating Revenues Other Sources: co N 0) N M M O O O O O O 00) 00) O O O O O O O O 0) C) C') co 0) C) 0 0 0 0 0 0 O O co co 0 0 co co V Nt Transfer in from Water Fund Total Other Sources co co 0) co O O M 64 CO CO 0 O CO 0) CO d4 N 0) N O 64 co C) co N 0 M 64 CO M O O 64 CO v 0)) O 64 CO 0) Cb O f/4 Total Revenues and Sources of Funds TOWN OF AVON CAPITAL PROJECTS FUND 5 -YEAR PLAN O N O N O O N N m U Ca CO 0 0 N RS 7 O ✓ O Q N EXPENDITURES oo ' ' C0OOO 00 O C 0 0 0 CS Ci a C6 C6 0 0 M O O N O CO M I- 69 0 0 ' ' ' 0 0 0 0 00 O O O O n 0 O N M N O 0 O 0 0 0 O O a U) O al 49 O 0 0 0 00 00 0 0 O O O 4) O O i0 N 00 00 00 00 00 0 0 0 0 0 0 0 0 0 O N N. 0 0 N N n 6- 0 00 0 00 N-000 0 0O Co Co O co O a a O O UC) O O. O U) co a '7 CO 1— 0 N N f+) N fO O N T r e- 69 n a) N. CO Co 0 0 0 0 N- O n M 0 0 0 CO a n n O M OO) M aD r- - N 000 M Ct <D V. CV e - u9 n ' co ' co Co a .7 O Cl N c0 N. f00 csc f00 r-- r07 a U) n ,-N CO. CO. CD O 0 C E U d H ici 2 y G C C .y. co O E cu . y 2 C C O co (/) f0 a J C C U a y C ct9 0 _E7 C U N C3gco • LL 7 N = ,0 N d y E N a C co = U co E co to Developer Rebates and Capital Contributions a a M O M a a M co N a O 0 n n Total Expenditures Other Uses: Ma CO. O CO CO CO CO CO N r O n N O a O u) CO N O a N CO O O N a O a O a N v C 7 LL C d � < J J 0 0 w w C ( H H C C .C .E. O CD O CO N_ N M M M N O co CO M CO M n co" Co n co M O CO M co" a O U) n Total Expenditures and Uses of Funds Co n M 3 a M N n N N O • co n in in in Co CO CO M CO n Net Source (Use) of Funds M M co M O c0 co Fund Balance, Beginning of Year rs O N r -- CV M M CO /A M CO CV N N M CO O a O N) co O n a O to Fund Balance, End of Year M O N O N O O N b N oOfo a. O N CO U i O a6 O I- d co O N CO n 0 U O Q CAPITAL IMPROVEMENT PROJECTS O O O CU) O 0 O CO n (h) ' 0 O U)) sr O O O Cn sr 69 O O O CO CO O O O O ' O O O CO n O i O I 0 CO ' O O O 0 CO O7. o LO U) CO N M 64 O) n O O CD C) 0 0 CO a C) O U) It)N N CD N. N O C) 0) n U) O O N C) CO O CO N 'l) 9t N N CD O M O) 0 n CO a- 0 0 0 0 CO CO N O) O O) C0 0 0) N N O C7 O si a 666 CO O CO O r Cl CO M O N a0 n sr a CO d' COO N N CO sr Q (l) CO CO .- CO a- CO n 4) N CO M CO CO CO CO N CO Z CO CO M M a- a- 44 V• O . CO M 0 CO ' ' O O) 0 ' O ' O ' 0 0 CO O O) N O CO O CO O O O O O O O CO O Is. CO CO O O N O 0 O 0 O 0 0 a CO et N N O a in 0 M COON O O 40) CD CO CO N M CA CO Is- N CO ' O CO st N C... CO ' Cl) 0 CO M n 7f O O) N CO M CD C) CO CO CO N CO CD N M (7) O) CO CO CO O O N O CO N N CO N CO O C) CO CO O N O) N CO O N M Ls: N CO CO C) O O O O) N a O CcoolO N O CCV CO CO C) .- CO - N N 44 CV CV If) O CV ' CO COD_ .- 0 40) CD nN sr sr (O�) O co CO ,- a) co h sr W (M+) N M • CO N o n 0 co n v CO 44 OD 0 ON) cc 0 N COD ri 0 CCD 0 0 M (+) O C O > C U pro T Y N n c m C a) N CO p) v CO m 0) W 0 0 0 0 0 0 0) 00000 O O O O 000000 of CO O O CC O n O Q N (D n Q co O co CO Z C 0 O .0 CO O C Q a) E 0 C IX N CO O) E COE C a) CO LL (L) o 2 O C >0 7 Cie) m = CC d O E d' e U c j 9 ,CO .0 .y.. � m Ca N i20 N N Y c'ce ' U E am) y ¢ v > r)U m 2 a g8 coma m c y �? a O Y m m C ui�• � Annual Paving/Road Improvements 0 0 0 0 O O) O O CO N O 0 N O u O Lc) 0 CO 1.7)- ( C U CO .CO C > CO CO E O` r N O. ..T. Ca E N N CO .C .C 0 To" a a 2 3 O.O > d Q E E ti c.5 c c ' E (n c c a F- CO o CO CO •C •p m d c CD CD a a 0 .2 QLA w w 322 CO 0 0 0 0 CD 0 O. 0 0 0 O n O Cii M CV CO CO O CO O o E 0. W N O C Q •a O O < co aCO ) rn Ce a) U W W CC CO O 0 O m CO O m c CO .c $am m a) .oa a .C > LLCm a) tm Z CO CO a C) m C CS 0 V O m 0 N N O N N a) a) 0 0 N 0 O N • d o CO co O 13 J N 0 • 15 0 • C) 0 co • 7 U CO CO o N d Q 0 0 0 0 CO O 0 0 O 0 0 0 O O O LC) CO N CO CO N O O o o O O O I[) U) N 0 ' ' ' O 0 o o 0 0 0 o COO O N N n CO0O 0) COO 0 0 0 CM +) CO 0 0 0 0 r CO V. O N N O O 0 n 0 0 O. 0 a) N) . CV CO CC CO 0 c0 0 0o M do C) CV N -v v,-, N <a) CO0 < CD N CO Z '- Z N 0 0 CO ' 0 0 0 0 N 0' ' 0 0 0 O 0 CO M a) 0 0 0 CO 0 0 0 0 0 n O 0 0 O O O O 0 0 0 O N- N- W C) L6 0 O v O 0 0 CC ) h 0 N CO ,- Cl,-0 LO N Cl.)M CD a) CO CD _ CO ' ' LC) M CO CO N O r N V. N O CO N M N CD CD r 0)) CCvi o N M CO ' ' r ' 0 ' N 01 CO CO0ONO n co_ v CO M O M CO r M 00 a) M O) Q Q Q Q Q Q Q ZZZZZZZ 0 0 0 0 0 0 0 0 0 0 0 0 O O O coo O 00 O O M O O < a) U) co Co O CO Q Z r N N O a) 00 CD. C .- O O O CO N N CO c O C c o c lc as Cl) •C g CL c W y o • Q rn d ▪ o (cj in _ ce .c m c o `) 4 y c o c c �' d d cc o y N o �o c O .N �' C c 0 m of o aci a a) m o� R Z c m ≥U 0 cU E `m wa o. a) 0 rr W N Q_' ,- O m C O CCS O) .`yr O 17 c co N ILJ .3• o) to c y r T C • Q CNC ~ N C y C �' a' C c4 E c o m c D.c E c V c v m '� • ≥> m cis o O a H c is o o —aoi `� c a ao' c c w m a t a a) o a 4,� o d o • m Z o 0) co d0. rd ≥> Q - ix c� c; o Eo a) c ,_< c av 0 0.UCC = o o c �' a) 7) a) • C C V coca) )0-U)U�iO> aowz2aJU� -. €5 €5 M rn 0 e9 0 0 0 O CO Ln V9 0 0 O CO n N N e9 O 0 0 49 a) n co a) N M 49 C+) n u9 M CO n N M CO erg O a) CO co n e9 CO O CO M 64 $ 15,743,161 $ 21,456,078 Total Capital Improvement Projects 'O 'O O O O TOWN OF AVON CAPITAL PROJECTS INVENTORY 5 -YEAR PLAN (Discretionary Projects) M O N O O N O O O O To. co ° O a) O N O H d To n J O U N Q N . C N C O } C6 J O c U a Q O N C) O O.13 ~ a mJ O O O O O O O. N O N O ' CO ai CO O N) Co O O O O ' O O 0 ' O O O O U) N O O O O O N O O O U) O O O O O O O O O O O O O O O O O O O O O M OO O 0 O O O O O O O CO O O O O O O O ' O O O 0 ' O O O O N O O O O N O O O O O N O O O co (O O O ' O O O O M O) O O O O co O O O O O O O O O 0 O O O O O O O O O O O O O O O O O Lri O _. ' O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O co O O O O CO co co CO in O Q O co of N. CO N z co C E pE 17) _ O E a E x o a) ai O' v; • EO 0 V CS co O LL C a c m O N. z 'c co o 2 — i (aILI ac) o Y E a o > E O O. l6 E U p a 0 m a o m IC Ce O. x c ▪ • ° E v) ci E � E co y G J C) co •� N L N > O C 0 J C C C C Z H= o(O m ca i3' d O O yl0 � m J • a Z co Z sce • W w N CO ° a a)) d CO UT) o 8 re cc ru 0.1 0.1 2 S MCC C t6 ma o .2 a` CO C 2 N LL co C �'m a) a) 0_ > ri o E o fa .C o M C C.) C6 C m co 0 —. io 45 v w • t6 • E E`° 1_ co U a) O O O) a) c C a) w 0 0 O a) a O O O O O CO CO O O O CO CO C" d9 O CO M O CO Eft O_ O O CO CA 69 Total Capital Improvement Projects TOWN OF AVON 0 N N 0 O N N Of O 7 N 0_ 0 O O N CO n '8 0 Q N C • N } C4 0 G N a Q ro o a) 0) O '8' ~ a` m CAPITAL IMPROVEMENT PROJECTS O O O co O C) 0 0 O 00 O O O O M 0 ' O O 0 O CD M 0 00 00 CD 0 00 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 O N C10 0 0 0 0 M OD O CD h CC) M E O a) a` C. E°' O V . O co C CO C Y . LL c E zo pi M U m 0 N a w 0. R E co a) a U. c rn rn .y .y ‘8 8) o) C) E co co m a U CO W rn Cr J m L o m 0. c_ o 0 E3uo� . Q a= co a Q r r N M .yy .C .C .C .C .C a a aaa 0 0 0 2 2 2 2 2 0O 0O 0O 0 0 'O O 0 0 O O CD 00 0 0 0 00 O 0 0 0 CO 00 0 0 0 0 O O O 0 r N c cT 'v O 7 � a = V m C4 0 2 o) Q m . E- 0 co 0 I — J W 0 0 0 0 0 CD 0 O O CO O N 0 0 O CO 0 0 O 0 0 M Net Un-funded Cost O O O 0 COO CA O a O a M CA ' O O O M M M r h N CD CCD CA 0 0 0 10 LO 0 ID CO O CO co a co O co CO st N N - 0 M O 0 h 0 C M Cn 0 M N M E CO c . c o N N 0 2 r 2C f o o m'E e o C o . & u m CO CL OS Ty U U O 2 ' J R C .CO 0 o O 2 Q iX E ro iiia) v 0O J W a O CO N CD O N Net Un-funded Cost CA 69. CA CA $ 23,361,250 Total Net Un-funded Cost co a) CD) CO a TOWN OF AVON 2009 PROPOSED CAPITAL PROJECTS FUND 5 -YEAR PLAN PROJECT DESCRIPTIONS August 21, 2008 NONDISCRETIONARY PROJECTS LAND AND LAND IMPROVEMENTS: Forest Service Land Acquisition Description: Participation with the US Forest Service, Eagle County, the Colorado State Land Board, and the Eagle Valley Land Trust, in a series of land exchanges that will permanently protect 2,140 acres of public lands. Status: Until appraisals have been completed on the various properties, it is unknown whether funds will be needed. The budget includes funds for the preparation of a preliminary and final appraisal of Forest Service parcels which collectively contain approximately 555 acres: the previously annexed "Parcel B" property on the northwest corner of Town containing approximately 475 acres; and the Forest Service parcel adjacent to the Village at Avon subdivision "Planning Area M" containing approximately 80 acres. Budget: 2009 $1,100,000 ROADS AND STREETS: Streetscape: Lighting Conversion Description: This project is a multi -year project that corrects deficiencies in the existing street lights and replaces fixtures to bring into conformance with adopted lighting ordinance. Status: Light fixtures are being replaced to along East Beaver Creek Blvd, West Beaver Creek Blvd, East Benchmark Road, Beaver Creek Place and Avon Road in 2008. The proposed budget is to replace the remaining lights in 2009, when the downcast lighting ordinance goes into effect. Budget: 2009 $ 500,000 F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 7 Street Improvements: Annual paving / Road Improvements Description: Annual street resurfacing and pavement maintenance program. Generally consisting of asphalt overlays and related surface treatments such as curb/gutter (where applicable), guardrail adjustment, etc. Status: Projects will be determined annually based on various existing street conditions at the time, with a 10 -year pavement surface lifespan typically used as a 'rule of thumb.' Proposed projects in 2009 include milling and overlay of Hurd Lane from Avon Road to Eaglebend Drive. Portions of Hurd Lane will have to be reconstructed because of poor drainage in the area. Proposed projects in 2010 tentatively include a new asphalt surface at W. Beaver Creek Blvd. Budget: 2009 $ 650,000 2010 $ 425,000 2011 $ 450,000 2012 $ 475,000 2013 $ 500,000 Multi -Modal / Alternative Mobility West Avon Trails & Access Enhancement (Related Comprehensive Plan Policy A.3.3) Description: Continue development of a designated trail system on USFS Land located west of Metcalf Road and bounded by Singletree, I-70 and Wildridge. This would generally include a small parking area/access point adjacent to the west end of Nottingham Road with designated trails connecting to Singletree. These would be unpaved hiking and possible mountain bike trails only. Status: An agreement is in place with the USFS, Singletree Property Owners Association, and Berry Creek Metro District. Trailhead design and negotiation of access and operating agreements with CDOT are underway. Revegetating old motocross trails and construction of new, sustainable trails immediately west of the Nottingham Road cul-de-sac has been identified as a priority. Budget: 2008 $ 65,000 2009 $ 25,000 Metcalf Bicycle Climbing Lane Phases 1 and 2 Description: Previously this project was combined with the Metcalf Gulch Improvements because so much road reconstruction will be required as part of the project. Phase 1 of the Metcalf Bicycle Climbing Lane project is to be constructed concurrently with the Metcalf Gulch improvements. The extent of this project is from Nottingham Road to the Barrancas Condominium complex. The second phase of this project is to complete the bicycle climbing from the Barrancas to Old Trail Road. The road F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 8 cross section will be similar to the Wildridge improvements and will have 2 ten -foot wide lanes and a 6 -foot wide bicycle climbing lane. Status: This project was previously budgeted for 2009. Staff is recommending it be constructed in 2011 and 2012 because of the high quality of the existing asphalt and because of budget constraints. Budget: 2011 $ 850,000 2012 $ 1,000,000 WATER FUND PROJECTS: Nottingham-Puder Ditch Restoration Description: The headgate and the adjoining concrete lined section of Nottingham- Puder Ditch has deteriorated to the extent that ditch flow is significantly reduced. The concrete lined ditch section has partially collapsed and further deterioration could result in all flows being blocked. This ditch is a major source of water for Nottingham Lake, and therefore irrigation water for all public landscaping, and thus it is important that it be maintained. This ditch carries water rights for the Town of Avon and Traer Creek with maintenance and repair costs split proportionately. Status: This Project was originally budgeted for 2006. Staff is currently working with Traer Creek Metropolitan District to develop a design. The design will include cost estimates for the proposed solution: piping the ditch for the first 1700' (approximate) to eliminate cave-in, sloughing, and deterioration issues. We anticipate the first phase of this project will be completed in 2008, pending agreement with Traer Creek for funding. Budget: 2008 $ 10,621 2009 $ 309,379 Funding: Transfers from Water Fund, Traer Creek Metro District Drainage — W. Beaver Creek Blvd. (I-70 to Railroad) Description: Stormwater improvements per Metcalf Gulch conceptual report prepared in 2001. Drainage improvements will involve addressing a small sub - basin referred to as Basin II in the Master Drainage Study by conveying stormwater flow from a 30" diameter pipe beneath Interstate 70 south along West Beaver Creek Boulevard onto the existing drainage adjacent to the Railroad Crossing. The current system is only prepared for approximately a 10 -year event, and events exceeding 10 -year flows have impacted nearby residences and roadways. Status: The design was completed in 2007. This project has been postponed to 2013. F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 9 Budget: 2008 $ 10,000 2013 $ 332,978 Funding: Transfers from Water Fund Drainage — Metcalf Gulch Description: Improvements along Metcalf Road to maintain storm drainage and reduce erosion, per recommendation in Metcalf Drainage Study and Preliminary Design. Status: Design was initiated in 2007. In 2008, work is underway to obtain Army Corps of Engineer's approval or permit waiver for the project. The actual project construction is scheduled to occur in 2011. Street improvements, including a bicycle climbing lane, will be included in the scope of the project if the budget allows for it. Capitol Improvement Funds will be required to pay for the roadway portion of the project. Budget: 2007 $ 28,966 2010 $ 75,000 2008 $ 50,000 2011 $ 900,000 Funding: Transfers from Water Fund Note: Timing of this project is dependent upon available Fund Balance in Water Fund. Water Rights Acquisition Description: Purchase additional water rights to maintain integrity of Nottingham Lake Storage and provide service to future development and potential up -zoning in the Town Center. The actual purchase of water rights is subject to availability, price and timing. Status: We are continuously on the lookout for other water rights that may become available that would be useable by the Town. The cost of these rights can vary significantly depending upon location, seniority, and reliability. Proposed Budget is based on earliest anticipated date for completion of acquisition process and primarily acts as a reserve fund for purchase whenever rights may become available. Budget: 2009 $ 460,000 Funding: Water Fund PLANNING AND CONSULTING: General Planning & Consulting Description: Consulting services for various planning projects and development applications that may arise throughout the year. Budget 2009 $ 50,000 (continuing through 2013) F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 10 Unified Land Use Code Description: A comprehensive re -write of Section 16 — Subdivision and Section 17 — Zoning of the Avon Municipal Code. The Town of Avon's zoning and subdivision codes are outdated and are not up to the task of implementing the vision of the town's comprehensive plan or to effectively guide the redevelopment process. As one of the key implementation tools for the Avon Comprehensive Plan, it is essential that a new code be developed that includes tools and techniques that are aligned with and encourage both new and re -development at a scale, type and quality consistent with the Town's vision. The goal of the project is to create a simplified and cohesive land use code that combines the subdivision and zoning development processes and is capable of providing an efficient, predictable and transparent development review process. Status: Clarion and Associates is the selected contractor for the project and the project is scheduled to start in September 2008 and completed in Spring 2010. Budget: 2008 $ 150,000 2009 $ 100,000 OTHER: Historic Preservation Description: The purpose of this budget is to provide ongoing funds along with private sector donations to be used for the preservation of items of cultural and historic significance to the Town. An example is the old water wheel located by Canyon Run that was used to generate electricity. Budget: 2009 $ 25,000 (continuing through 2013) DISCRETIONARY AND GRANT FUNDED PROJECTS FACILITIES: Public Works and Transportation Facilities Improvements Description: This project involves construction of facilities at the Swift Gulch site and the Traer Creek Village site to provide replacement of existing inadequate temporary portable transit and public works maintenance facilities. ECO Transit is a partner in this priority project. This capital investment includes the following components: For Transit - a transit bus storage building, administration offices, training room, locker room, break room, underground parking, additional vehicle storage, heated and unheated storage areas for parts and equipment, automated wash bay, F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 1 1 archive -document storage, site security, electronic file storage for bus and site security digital films, CDL-B training course, parking for transit foremen vehicles, unheated storage for bus shelter materials, and yard storage. For Public Works — administrative offices, wood -working shop, irrigation shop, electrical shop, vehicle and heavy equipment indoor parking, equipment storage, bulk materials stockpiling, covered cinder storage, greenhouse, paint/chemical storage, etc. plus shared occupied spaces with the Transit Division (e.g., break room, locker room, etc.). For Other Departments - police impound lot, document storage, computer/IT repair shop, and yard storage for special events materials. The project includes site work to maximize available town -owned land and photovoltaic systems to off -set much of the on -site uses. The Town is pursuing a LEED certification for the Administrative Building. The project results in facilities that will allow the Town and the County to continue to operate and maintain, as well as expand the existing public transportation system for the next 20-30 years as development progresses toward the transit -oriented vision for this region as defined by the Town and the County. It also results in facilities to allow the Town to provide a reasonable level of service through 2025 for continued public works maintenance (e.g., parks, fleet, roads, bridges, streetscapes, and trails). This investment will positively impact annual operating costs by reducing labor time and extending vehicle and equipment life; it will reduce occupational hazards and improve the Town's storm water management and hazardous material handling practices. Without this project, the Town will not have sufficient "back -of -house" operational facilities to satisfy the goals of the Comprehensive Plan nor the West Town Center Investment Plan. Status: Preliminary engineering and environmental permitting was prepared in 2008. Grant applications to CDOT and the Federal Transit Administration are being submitted for $14M to cover the transit portion of the project; awards should be announced by end of 2008. An IGA with ECO Transit to share in the design and construction costs is in preparation. No grant sources have been identified for the Public Works portions; the Town expects to pay for this portion of the project directly. Note: Specific financial contributions from ECO Transit and grant funding agencies should be confirmed. This information has the potential to impact the schedule shown here. Budget: The schedule below is predicated on receiving grant funding and an agreement with ECO regarding cost -sharing. Grant funds were requested for Phases 1A and B to start construction in 2010, however, there is a reasonable probability that such funds may be delayed such that construction could not commence until 2012. The schedule below is F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 12 staff's best guess as to the probably timing of various phases. All costs below, except that shown for 2009, are listed in 2011 dollars: Grant Total per phase proceeds Year (2011$) (assumed) ECO Town Local Funds 2009 Design, phases 1&2 $ 2,200,000 $ $ 520,000 $ 1,680,000 2010 Design, temp. facilities @ Village site $ 300,000 $ $ - $ 300,000 2011 (or wait until 2014) Design, phase 3,4 $ 820,000 $ - $ - $ 820,000 2012 Construction phase 1A (site work) $ 9,080,000 $ 6,000,000 $ 500,000 $ 2,580,000 2013 Construction phase 1B (Admin Bld, Barn) $ 13,600,000 $ 6,000,000 $ 500,000 $ 7,100,000 2014 Construction phase 2 (50%site, Lg Equip) $ 7,700,000 $ - $ - $ 7,700,000 2015 Construction phase 3 (PW shops Bld) $ 2,500,000 $ - $ - $ 2,500,000 2016 Construction phase 4 (car wash) $ 300,000 $ - $ - $ 300,000 $ 36,500,000 $12,000,000 $ 1,520,000 $ 22,980,000 Bus Stop Improvements Description: Bus ridership has been rising and is expected to continue to do so with higher gas prices and more densification in Avon. To support the Town's goals for transit -oriented development and public safety, bus stop improvements are needed to provide amenities for riders (e.g., benches, signs, lighting, schedule information, garbage cans, etc.) and to establish a uniform appearance throughout town. In some cases, extensions of asphalt and culverts are needed to add stops on opposite sides of the street (e.g., West Beaver Creek Blvd). This CIP item provides a budget for such improvements on the existing bus routes. Future expansion of service to other areas would involve adding stops and associated facilities; however this is not included at this time. Status: The Comprehensive Transportation Plan (underway) will produce a prioritized list of recommended transit bus stop improvements; a draft of this plan will be ready in spring 2009. Bus stop improvement projects are expected to be prioritized based on age and usage of existing amenities as well as long-term plans for routes. For example, stops near Comfort Inn and City Market would likely be recommended for improvements in 2009. Budget: 2009 $50,000 2010 $10,000 LAND AND LAND IMPROVEMENTS: Parks Harry A. Nottingham Park Improvements Description: Specific improvements to the park are needed and highly valued by the community. This CIP item acts as a placeholder for a prioritized list of improvements which have been identified from the Harry A. Nottingham Park Master Plan and the 2008 Community Survey. The Town intends to execute some of these improvements each year for the next several years. F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 13 Status: The Park Master Plan and Community survey were completed in 2008. In 2009, the Town will initiate design of new public restrooms and reconstruct portions of the paved path around the lake. New playground equipment, picnic shelters and a new fishing pier are under consideration for future years. Budget: 2009 $ 200,000 2010 $ 250,000 2011 $ 500,000 (continuing through 2013) ROADS AND STREETS: Streetscape Nottingham Road Improvements - I-70 to Buck Creek Road Description: Widen Nottingham Road to four lanes from roundabout No.1 to Buck Creek Road, construct roundabout at Nottingham Road/Buck Creek Road intersection and widen Nottingham Road to a three lane section from Buck Creek Road to east entrance at Sherwood Meadows, construct streetscape improvements including curb & gutter, sidewalks, streetscape lighting and landscaping along length of improvements. Status: Project was discontinued following the February 8, 2005 Council Meeting. Final design is substantially complete and ready to develop easement and right-of-way descriptions for acquisition. The 5 -Year CIP Plan has been revised to reactivate the project in 2011 and 2012. The 2011 funds will be required to verify design details, confirm easement descriptions, appraise and acquire easements and rights -of -way. The 2012 funds are based upon the most recent construction cost estimate. Staff recommends that this project be re-evaluated as part of the Comprehensive Transportation Master Plan. Budget: 2011 $ 350,000 2010 $ 3,500,000 I-70 Berm for Noise Reduction Description: Construct and landscape earthen berms along I-70 rights -of -way to mitigate noise from the interstate. Extent and limits of this project have not been determined at this time but is expected to be located along portions of West Beaver Creek Blvd. Construction on CDOT right-of-way is anticipated and requires that the Town obtain special permits from CDOT. It is anticipated that the Town may construct this project with it's own forces over a period of time using fill materials as they become available (e.g., from excavation work associated with other capital F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 14 projects). The construction cost estimate below is a placeholder; more accurate estimates will be prepared during the design phase in 2009. Status: A noise study was executed in 2008 which indicated that current and projected future levels of noise from I70 are significant. Design of an earthen berm and associated retaining walls and storm water drainage systems will be done in 2009. Permit applications and meetings with CDOT will occur in 2009. Construction is tentatively planned to start in 2010 and would continue for several years as fill materials are generated and until the berm is fully in place. Budget: 2008 $ 40,000 2009 $ 100,000 (continuing through 2013) Multi -Modal / Alternative Mobility Recreational Trails Program Description: This CIP item provides for creation of new and improvements to existing recreational trails and trailheads. This program envisions expansion of the existing hiking, biking, and equestrian trails located north of I70 in Avon. Restoration of some trails, construction of new trails and trailheads, added signage, and closure of trails in sensitive areas will be funded through this program. This budget is also ear -marked for purchase of easements and other lands to acquire space for parking at trailheads. Status: The Avon Recreation Trails Master Plan was prepared in 2008 under this program. This Plan includes a prioritized list of trails -related projects which the Town can elect to execute as funds are available to enhance recreation for residents and visitors. In 2009, construction and land acquisition would begin on top priority areas. Budget: 2009 $ 30,000 2010 $ 200,000 (continuing annually as funds are available) UTILITIES: Waster Heat Recovery System Description: Develop a heat recovery system which uses renewable sources and delivers heat to snow melt sidewalks and be available to heat the Recreation Center pool waters. This project is joint with the Eagle River Water and Sanitation District. The resulting system will act as an efficient and flexible district -wide heating system with a low carbon footprint which can be used in the West Town Center area. Status: Preliminary design occurred during 2008. In 2009, final engineering design will be completed. Construction is planned for 2010. F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 15 Note: Specific financial contributions from ERWSD and grant funding agencies should be confirmed. This information has the potential to impact the schedule shown here. Grant applications were submitted to the Department of Local Affairs, the Governor's Energy Office, and the Water Environment Research Fund to assist with design and construction funding. Status on grant awards should be known by late October or early November 2008. Budget: 2009 $ 680,000 (final design) 2010 $2,500,000 (construction phase 1: snowmelt system) 2012 $1,200,000 (construction phase 2: Rec Center tie-in) Funding: Federal Grants, Eagle River Water and Sanitation District WATER FUND PROJECTS: Drainage Master Plan Description: Update the Drainage Master Plan for the Town of Avon. The original master plan was developed in 1994. Status: The update would involve including the new development in the Town of Avon and allow for the incorporation of the drainage improvements into the GIS System. Incorporating the master plan into GIS will significantly improve our ability to use it and incorporate new development as it occurs. This project was originally budget for 2008 but has been delayed to 2009 because of staffing issues. Budget: 2009 $250,000 Funding: Water Fund COMMUNICATIONS AND TECHNOLOGY: Toastmaster / Granicus Media Improvements Project Description: Media improvements package for Town Council meetings as well as other meetings and events the Town may want to film and broadcast, including the ability to web stream meetings. Status: This project was presented to Council during 2008 as a recommended amendment to the CIP budget. The project approval was deferred to the 2009 budget process. Budget: 2009 $ 45,000 Records Management Description: Document storage and records management system for use by all Town departments for storing, managing and disseminating Town documents. Budget: 2009 $ 50,000 F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 16 Webcam — Avon Whitewater Park Description: Installation of a web -streaming video camera at the Avon Whitewater Park for broadcast through the Town's website. Budget: 2009 $ 18,000 VOIP, Video Conferencing, e-gov Projects Description: Placeholder for funds to meet anticipated demands for technology projects, including Voice -Over Internet, video conferencing and other e- gov related projects. Budget: 2010 $ 100,000 (continuing through 2013) F:\Finance\2009 Budget\Project Descriptions 2009 CIP.Doc 17 > § a a) w Memo Special Event/Enhancing sense of community, creating economic vitality To: Honorable Mayor & Town Council Thru: Larry Brooks, Town Manager From: Meryl D. Jacobs, Recreation Director Danita Chirichillo, Special Events Supervisor Date: August 18, 2008 Re: 2009 Pond Hockey tournament update Summary: As a result of several planning meetings, staff has recommended that the Pond Hockey promoters apply for funding assistance through the Town's 2009 non-profit funding request process. The funding request application was sent to Andy Clark via email on July 14th and is due back to the Town Clerk on August 29th • Staff is currently working with Pond Hockey representatives to assist with the application process and to ensure that all pertinent information is presented in order for council to make an informed decision regarding this turnkey special event. History: The Pond Hockey concept was first presented to the town in November of 2006 when it came in through the special event permit application process. The scope of the event was described as a two day adult hockey tournament on Nottingham Lake, January 20-21, 2007. Staff believed that the event was a great fit for Avon because it presented a "grass roots, sense of community" appeal and had the potential for positive economic impact. The special events division was also looking for a "winter event" to round out the event calendar. The tournament was structured to raise funds for the Vail/Eagle Youth Hockey Association. Insurance, marketing, staffing, rink construction, tournament operation and sponsorship solicitation was the responsibility of the promoter (as is typical with all turnkey events) however, the town agreed to assist with team registration/revenue collection and ice preparation. Special event volunteers were also scheduled to assist with the operation of the tournament. Ideal weather and ice conditions in January of 2007 allowed for nine 140'x 65' rinks to be constructed on Nottingham Lake. The organizers registered 18 teams at $500/team which earned $9,000 in revenue from registration alone. The 2007 event was considered a success and generated a high level of excitement from all involved regarding the potential for growth. Several thousand dollars were donated to the Hockey Association as a result of the 2007 tournament. The success of the 2007 event led organizers to reserve two weekends of play for 2008 with the goal of expanding the event and accommodating a youth division into the tournament. Additional rinks were requested with the hope of adding teams in both divisions. Public Works, Parks and Recreation staff attempted to create a bigger venue however, due to historically high early snow fall, efforts to create more rinks failed. Snow removal from the lake became labor and equipment intensive. The structural integrity of the ice was compromised due to heavy snow accumulations. Continued efforts to clear snow resulted in the town's Tool Cat breaking through the surface prior to the 2008 event. There were no injuries with the incident but the cost of the claim was around $10,000. As conditions on the lake deteriorated safety and insurance issues jumped to the forefront. The town's insurance carrier CIRSA took a close look at the nature of Pond Hockey (as did staff) and recommended the following: • Create written procedural guidelines for Nottingham Lake ice maintenance, which Public Works developed and adopted in January of 2008. • Require a short term license agreement (see attached) for this event that would require commercial general liability insurance with limits of $5M per occurrence and $5M aggregate. The agreement also provides for very specific insurance obligations and indemnifications. This arrangement was recommended in light of the suggestion that was made that Pond Hockey crew provide snow removal themselves. Because their crew did not perform any snow removal, the agreement was not executed and the promoter provided the typical turnkey event insurance requirement of $1M. The snow continued to fall and Andy Clark himself declared 2008 "the perfect storm." With major efforts from Public Works staff, five rinks were salvaged and 24 adult teams were accommodated in the 2008 tournament. The youth division of the tournament was cancelled due to continued snowfall. A total of 520 man hours and $28,000 from the Public Works/Parks budget was spent to support the 2008 event. This figure exceeds the man hours spent on the town's flagship event, Salute to the USA by 120. Public works labor force was pulled off of other critical town functions in order to maintain the lake which caused the need to outsource assistance with snowplowing at an additional cost of $4,500. Discussion: There have been many lessons learned from the 2008 Pond Hockey experience. What has become clear is that Pond Hockey brings with it a higher than average risk and a substantial cost in terms of ice maintenance and Public Works/Parks support. The concept of flooding the athletic field for the event as well as other recreational purposes has been heatedly discussed. The main benefits to flooding the field are that the inherent risk of clearing snow is reduced and the number of rinks is more predictable. This idea is costly and has potential to damage the main field (which is a sand bed) and compromise our spring and summer event schedule. Staff recommends that we put the flooding of the field and construction of hockey rinks on land off until the completion of the Nottingham Park Master Plan. Despite a challenging 2008, Pond Hockey promoters and staff are excited about proceeding with this activity next year. We still believe that the character of Pond Hockey is perfect for Avon and fits the profile of an event that Avon should continue to host. Staff is proposing the following for 2009: • Keep Pond Hockey on the Lake. • Deliver a minimum of five rinks (weather permitting) prepared by TOA. • Keep the insurance requirement at $1M since TOA staff will provide all snow removal. • Written agreement will require modification should the town decide it is necessary. The final question that remains is how to justify the high operational/cost impacts and use of public funds for a turnkey event such as this. After much consideration staff has advised the Pond Hockey team to submit a proposal for in -kind assistance through the non-profit funding request process. The cost of ice maintenance for a typical year is estimated by staff to be approximately $21,200 (an average of 390 man hours plus fuel). This request for service will come before the council during the 2009 budget process. It is hoped that with assistance from the town, Pond Hockey promoters will be able to grow their event and attract high dollar sponsorship contributions which may in turn reduce the need for in -kind assistance. It is clear that Avon benefits from Pond Hockey as host to a "fun" winter sporting event that markets the area and contributes to our sense of community and economic vitality. Town Manager comments: 11-1-frIchmelit 4 SHORT TERM LICENSE AGREEMENT FOR SPECIAL EVENT This Agreement is made and entered into effective the day of January, 2008, by and between the Town of Avon, Colorado ("Town"), whose address is P.O. Box 975, Colorado, 81620, and the Vail Eagle Hockey Association, ("VEHA"), whose address is I. RECITALS. A. The Town owns a lake, known as Benchmark or Nottingham Lake ("Lake"), located within Block 1, Benchmark at Beaver Creek Subdivision, Avon, Colorado. B. The Lake is currently covered with ice due to winter conditions. C. VEHA desires to hold a pond hockey tournament ("Tournament") on the Lake on the following dates: January , 2008. D. The Town is willing to license use of the Lake, in an as -is condition, for the exclusive use of VEHA on those dates for purposes of the Tournament. E. VEHA represents that it has the knowledge and expertise to provide proper maintenance for the Lake, to undertake testing and other activities to determine whether the Lake is safe for use by Tournament participants, spectators, and other persons, and to control the activities on the Lake in a manner that will assure the safety of all such persons. II. TOWN COMMITMENTS. A. The Town hereby agrees to license use of the Lake, in an as -is condition, for the exclusive use of VEHA on the following dates & times: January 18, 2008 from to o'clock p.m., for purposes of the Tournament. B. In addition, the Town hereby agrees to grant VEHA, its personnel, and its equipment non-exclusive access to the Lake on such days prior to January 11, 2008 and January 18, 2008, as VEHA deems necessary for purposes of VEHA's maintenance, testing, and set-up operations. C. It is understood by the parties that the Town makes no warranties, assurances, or representations concerning the suitability and safety of the Lake for the purposes for which VEHA desires to license use of the Lake. The Town's entering into this license is specifically conditioned on VEHA's assurances to the Town that VEHA has the expertise and experience necessary to determine such suitability and safety, and to assure the safety of all participants, spectators, and others who will be on the Lake in connection with the Tournament. Short Term License Agreement.doc Page I of 5 III. VEHA COMMITMENTS. A. VEHA agrees to undertake all activities as it determines necessary or appropriate in order to determine the safety and suitability of ice conditions on the Lake for purposes of the Tournament, to maintain the Lake, and to assure the safety of participants, spectators, and other persons, including but not limited to: 1. taking ice thickness measurements, taking air temperature measurements, inspecting for and types and colors of ice, and monitoring for and responding to rapid temperature decreases and heavy snow accumulations 2. providing all necessary maintenance for the ice 3. determining safe ice thickness for the various loads that will be experienced 4. determining the frequency of ice measurements, location and spacing of ice measurements 5. determining what equipment can be used on the ice and how it should be operated, and the safety of leaving any stationary load on the ice 6. inspecting for cracking, slushy conditions and other ice hazards, determining when it is safe and when it is not safe to be on the ice, and establishing procedures for the evacuation of persons when deemed necessary by VEHA 7. providing necessary training for all employees, volunteers, and others as deemed necessary 8. providing personal protective equipment, ice rescue and equipment retrieval, and emergency medical/rescue services 9. providing security for the Tournament, to supervise and control the use and occupancy of the Lake at all times while this Agreement is in effect, and to take such other actions as will assure the safety of all persons in, on, around, or near the Lake at all times while this Agreement is in effect, and to dismantle and remove any items placed on the Lake promptly upon completion of the Tournament. B. INSURANCE: 1. VEHA shall procure and maintain the minimum insurance coverage's listed in paragraph 2 below. Such coverage's shall be procured and maintained with forms and insurers acceptable to the Town. VEHA shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. 2. The minimum insurance coverage's shall be as follows: (a) Workmen's Compensation insurance to cover obligations imposed by applicable laws for each employee of VEHA engaged in the performance of work under the Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. (b) Commercial General Liability insurance with limits of $5 million per occurrence and $5 million aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. The additional insured endorsement to the policy shall not contain any exclusion for bodily injury or property damage arising from completed operations. (c) Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than $1 million each occurrence and $1 million aggregate with respect to each of VEHA's owned, hired or non -owned vehicles assigned to or used in performance of the services. Each such vehicle shall be covered both on and off the work site. The policy shall contain a severability of interests provision. 3. All insurance required of VEHA pursuant to this Agreement shall: (a) As to all liability policies, include the Town, its officers, officials, and employees as additional insureds; (b) Include a clause or endorsement denying the insurer any right of subrogation against the Town; and (c) Include a provision requiring the insurer to give the Town thirty (30) days' notice prior to cancellation. 4.. VEHA waives any rights of recovery against the Town for injury or loss due to hazards covered by insurance. Each policy shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by VEHA. VEHA shall be solely responsible for any deductible losses under each policy. 5. A certificate of insurance shall be completed by VEHA's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. In addition, the Town shall have the right to request and obtain copies of any insurance policies required hereunder. The certificate shall identify the Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The completed certificate of insurance shall be sent to: the Town of Avon, Colorado, attention: Town Clerk. 6. Failure on the part of VEHA to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the Agreement, or at its discretion the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by VEHA to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to VEHA from the Town. IV. INDEMNIFICATION; MISCELLANEOUS A. To the extent permitted by law, VEHA agrees that it will indemnify, release, and save harmless the Town, its officers, directors, shareholders, members, partners, principals, agents, attorneys, employees, subsidiaries, and self-insurance pool, from any and all loss of, or damage to, property or injuries to, or death of, any person, and from any and all claims, costs, suits, and judgments including reasonable attorneys fees and expenses, of anyone, resulting from VEHA's operation of the VGC and/or the Premises, or negligent acts or omissions of VEHA, its officers, agents, or employees, or of anyone occupying the Premises with VEHA's permission. B. The parties hereto understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise available to the City, its officers, or its employees. C. LICENSE FEE. VEHA agrees to pay the Town a license fee in the amount of $10. D. VEHA agrees to utilize liability release forms with respect to participants, spectators, workers, volunteers, and others entering the Lake in connection with the purposes of the Tournament, in a form approved by the Town. E. Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of the County of Eagle, State of Colorado, in connection with any dispute arising out of or in any matter connected with this Agreement. F. This Agreement may be amended only by the mutual written agreement of the parties. G. This Agreement contains all agreements, understandings, and arrangements between the parties, and no other such agreements, understandings, and arrangements exist. IN WITNESS THEREOF, this Agreement is executed by the Town, acting by and through the undersigned, and by VEHA, acting by and through the undersigned, each of whom represents that he or she is properly authorized to bind the parties hereto, this day of January, 2008. TOWN OF AVON By: ATTEST: Town Clerk VAIL EAGLE HOCKEY ASSOCIATION By: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner I Date: August 26, 2008 Work Session Re: Amplified Sound Update CO L (p R A I) 0 Summary: At your July 22, 2008 meeting, a noise complaint related to outdoor amplified sound was received by Council during the public comment portion of the meeting. The complaint originated as a result of an amplified sound permit that was issued by the Town at the Zacca Za Restaurant. In response to the complaint, the Community Development Department was directed to investigate the currently available measures (if any) to address the complaint, and to explore any potential code amendments to address objectionable noise. Background: In 1988, the Avon Town Council approved Ordinance 88-13, amending Title 5, Business Taxes, Licenses and Regulations, Avon Municipal Code. The amendment placed a burden on individuals wishing to use amplified sound in Town, and requires a permit in order for any person to use a loudspeaker or amplified sound. General time allowances were set forth for commercial zone districts (8:00am — 10:00pm) and in Harry A. Nottingham Park (9:00am — 8:00pm). When the Ordinance was approved, it was specified that applications for amplified sound shall be made to the Town Clerk, and reviewed "in accordance with an administrative procedure which shall be approved by the Town Council by resolution." Shortly after passing the Ordinance, the Town Council approved Resolution 88-20. This resolution outlines the administrative procedures for outdoor use of amplified sound equipment — and is attached for your review in Exhibit B. As specified in the administrative procedures (and Ordinance), the Town Clerk shall issue permits if the amplifying equipment is between the acceptable hours of 9:00am — 8:00pm in non-commercial zones, 8:00am — 10:00pm in commercial zone districts, and 9:00am — 8:00pm in Harry A. Nottingham Park. If an applicant wishes to use amplified sound outside of the prescribed timeframes, a noticed meeting is required and the Town Council must approve such permits after holding a public hearing. To Staffs knowledge, these permits are rarely sought. Discussion: When permits have been issued, approximately 3-5 per year in commercial zone districts, and approximately 7-10 per year in Nottingham Park, the only stipulation has been on the allowed timeframes listed above. No calculated noise limit has ever been specified, and no conditions of approval have been tied to the permits. Since this is the root of the issue, and sound permits are rarely sought for amplified outside of the prescribed time frames, Staff recommends that the Council approve revised administrative procedures, by resolution, and a new ordinance for amplified sound permits. The revised procedures would clearly set forth calculable maximum sound limits at the property line, and permits would require a public hearing with Town Council if sought for anytime after 7:00pm, instead of the current time frames. After researching the State Statute (C.R.S. 66-35-3), attached as Exhibit C, and those in other jurisdictions, attached as Exhibits D and E, staff is prepared to bring forth revised procedures and a strikethrough ordinance at your next regularly scheduled meeting for consideration. Recommendation: Staff recommends repealing and re-enacting Resolution 88-20, the Administrative Procedures, and amending Chapter 5.24, Amplified Sound Systems, Avon Municipal Code, which will satisfactorily address the complaints received, and assist with controlling objectionable noise from future permits. In order to further control amplified sound, staff recommends requiring a public hearing and Council review for an amplified sound permit sought after 7pm (instead of the current 8:00pm for non-commercial, 10:00pm for commercial, and 8:00pm in Nottingham Park), in order to allow further public input and to be in line with the State Statutes. Staff will continue to work with current permit holders to address complaints already received to date. Town Manager Corpments: Exhibits: A: Town of Avon Amplified Sound Permit Information B: Ordinance 88-13 and Resolution 88-20, Town of Avon C: State Statute Regulations controlling Noise Levels D: Town of Vail Noise Regulations E: Boulder Noise Regulations 9 _ V0N -COLORADO Town of Avon PO Box 975 Avon, CO 81620 Exhibit A PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM 1. NAME OF APPLICANT 2. REPRESENTING BUSINESS/ORGANIZATION 3. ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED 4. TELEPHONE NUMBER 5. PURPOSE FOR OUTDOOR USE OF SOUND AMPLIFICATION SYSTEM 6. DATE/S OF PROPOSED USE TIME/S OF PROPOSED USE 7 ATTACH A DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT AND DIRECTION OF SOUND PROJECTION. SIGNATURE OF APPLICANT MAILING ADDRESS OF APPLICANT DATE THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURES BELOW. THE APPLICANT MUST COMPLY WITH CHAPTER 5.24 OF THE AVON MUNICIPAL CODE AS OUTLINED ON THE BACK OF THIS APPLICATION. TOWN CLERK COMMUNITY DEVELOPMENT DATE DATE 970-748-4000 Town of Avon PO Box 975 Avon, CO 81 Exhibit B ADMINISTRATIVE PROCEDURES FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT (AS OUTLINED IN TOWN OF AVON ORDINANCE NO. 88-13 & RESOLUTION NO. 88-20 BELOW) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF (Ordinance No. 88-13) BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 5.24 as follows: 5.24.010 Permit Required. A. It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors, within the Town, a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck without a permit obtained pursuant to part B hereof. B. Application for a permit shall be made to the Town Clerk on forms provided by her. Such application shall be acted upon by the Town Clerk in accordance with an administrative procedure which shall be approved by the Town Council by resolution. 5.24.020 Special Permit Required — Public Hearing. A. It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors in any zone district allowing commercial uses before 8:00 A.M. or after 10:00 P.M. or in Nottingham Park before 9:00 A.M. or after 8:00 P.M., a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck without a permit obtained pursuant to part B hereof. B. Application for a permit shall be made to the Town Clerk on forms provided by her. Such application shall be acted upon by the Town Council after public hearing in accordance with an administrative procedure which shall be approved by the Town Council by resolution 5.24.030 Prohibited Acts. A. It is unlawful for any person other than an employee of any local or the state or federal government, whether or not a permit has been obtained, to install, use or operate outdoors, in any zone district not allowing commercial uses, before 9:00 A.M. or after 8:00 P.M., a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck. B. It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other than music or the human voice or a combination thereof. Section 2. Penalty for Violation. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a violation of this Ordinance and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such persons, firm or corporation shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 3. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub -sections, sentences, clauses or phrases be declared invalid. 970-748-4000 Town of Avon PO Box 975 Avon, CO 81620 ADMINISTRATIVE PROCEDURES FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT (Resolution No. 88-20) A. Permits for the outdoor operation and use of sound amplifying equipment between the hours of 9:00 A.M. and 8:00 P.M. in non-commercial zone, and 8:00 A.M. to 10:00 P.M. in commercial zone districts and 9:00 A.M. to 8:00 P.M. in Nottingham Park shall be issued by the town clerk. Application for such permit shall be filed on forms provided by the town and available in the office of the town clerk. The following information shall be provided by the applicant: 1. Name, address and telephone number, 2. The place or places the applicant will be playing amplified sound, and 3. The dates and times the applicant will be playing amplified sound. No permit fee will be required for applications conforming with this criteria, and the permit shall be granted if the application contains the information required. B. Permits may be issued for the outdoor operation and use of sound amplifying equipment during other hours in zone districts allowing commercial uses and in Nottingham Park. The application for and issuance of permits shall be in accordance with the following procedures and guidelines: 1. Application for such permit shall be filed on forms provided by the Town. Forms shall be made available from the office of the Town Clerk. 2. Payment of an application fee in the amount of $25.00 plus publication costs. 3. The town clerk shall schedule a public hearing on the application. Notice of the public hearing shall be published once in a newspaper of general circulation in the Town at least five days before the hearing. Notice shall specify the time, date and location of the public hearing, the name of the applicant, the source and nature of the amplified sound and shall state that the application is on file in the town clerk's office and may be reviewed during regular business hours and that the public may appear and be heard at the public hearing. 4. Following the public hearing, the town council may grant the application for a permit after consideration of: a. Comments by the public. b. Necessity of the permit for the cultural, historical or social benefit of the community. c. Proximity of the proposed location to residential neighborhoods. d. Proposed direction of sound projection. e. Screening of sound from neighboring properties. f. Compatibility with other uses and activities in the vicinity. 5. The town council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. State of Colorado Regulations Exhibit C (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty- five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone Residential Commercial Light industrial Industrial 7:00 a.m. to 7:00 p.m. to next 7:00 p.m. next 7:00 a.m. 55 db(A) 50 db(A) 60 db(A) 55 db(A) 70 db(A) 65 db(A) 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one -hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights -of -way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine -made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. Am. Jur.2d. See 61A Am. Jur.2d, Pollution Control, § 267. Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). Trier of fact to determine mode to use in measuring noise. Davis v. Izaak Walton League of America, 717 P.2d 984 (Colo. App. 1985). 5-1-7: NOISE PROHIBITED: 1.76441145-1-7: NOISE PROHIBITED: lig it Exhibit D A.Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this section. B.Definition: An "excessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels. 2. A noise, one minute or more in duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels. C.Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A weighting scale. 1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. D.Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified: Zoning Designation Of Property On Which Source Of Noise Is Located All residential zones Maximum Number Of Maximum Number Of Decibels Permitted From Decibels Permitted From 7:00 A.M. To 11:00 P.M. 11:00 P.M. To 7:00 A.M. 55 decibels 50 decibels excepting HDMF Commercial plus HDMF 65 decibels Industrial service zones 80 decibels 60 decibels 75 decibels http://www.sterlingcodifiers.com/CO/Vail/09001000000007000.htm 7/29/2008 5-1-7: NOISE PROHIBITED: Page 2 of 5 E.Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this section may be made to the town manager or duly authorized representative. The town manager or duly authorized representative may grant the relief as applied for if he/she finds the following: 1. That additional time is necessary for the applicant to alter or modify such activity or operation to comply with this section. 2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this section. 3. That no other reasonable alternative is available to the applicant. 4. That the permit is necessary for the community's cultural, historical or social benefit. The town manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including, but not limited to, specific times or functions of the noise on location of the noise source. Any permit granted by the town manager under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. F.Exceptions: The maximum permissible noise limits for the times and zones specified in subsection D of this section shall not apply to sound emitted from the following: 1. Any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency; 2. Activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the town, including, but not limited to, parades and fireworks displays; 3. Any construction equipment operated upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.; provided, however, that the operation of the construction equipment during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety (90) decibels; 4. Any snowmaking equipment; 5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways; 6. The sounds of any permitted bells or chimes or the amplified reproductions of the sounds of any bells or chimes played between the hours of eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M., provided that said sounds shall not exceed eighty (80) decibels. G.Motor Vehicle Noise: 1. No person shall operate nor shall the owner permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in the table set forth below. The standards set forth in this table shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any conditions of acceleration, deceleration, idle, greater load, and whether or not in motion. Maximum allowable noise levels for motor vehicles shall be as follows: http://www.sterlingcodifiers.com/CO/Vail/09001000000007000.htm 7/29/2008 5-1-7: NOISE PROHIBITED: Page 3 of 5 Measurement Maximum Allowable Distance Type Of Vehicle Time Period Noise Levels From Vehicle Vehicles weighing less Any time 80 decibels 25 feet than 10,000 pounds, manufacturer's gross vehicle weight Vehicles weighing Any time 90 decibels 25 feet more than 10,000 pounds manufacturer's gross vehicle weight 2. Exhaust Muffler 1: It is unlawful for any person to drive or move or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehicles at any time which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the exhaust muffler, air intake muffler, or any other sound reducing device in such a manner that the noise emitted from the motor vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, or b) is increased above the sound pressure level of the vehicle as originally manufactured. 3. Idling Engines: a. It shall be unlawful for any person to idle or permit the idling of the engine of any bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in excess of twenty (20) minutes within the town limits. b. Notwithstanding subsection G3a of this section, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead mixed use 1, Lionshead mixed use 2, commercial core 1 or the commercial core 2 zone districts of the town. H.Amplified Sounds: 1. Purpose: The town council enacts this legislation for the purpose of securing and promoting the public comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the council http://www.sterlingcodifiers.com/CO/Vai1/09001000000007000.htm 7/29/2008 5-1-7: NOISE PROHIBITED: Page 4 of 5 nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance and loud and unnecessary noise. 2. Prohibition And Regulation: It shall be unlawful for any person other than the personnel of law enforcement or governmental agencies to install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assemblage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except when installed, used, or operated in compliance with the following provisions: a. In all residential zones, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time. b. The operation or use of sound amplifying for noncommercial purposes in all residential zones and within one hundred feet (100') thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of four thirty o'clock (4:30) P.M. and nine o'clock (9:00) A.M. of the following day. c. At the Gerald R. Ford Amphitheater located within Gerald R. Ford park, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. of the following day. d. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day on Sunday through Thursday, and between the hours of eleven o'clock (11:00) P.M. and eight o'clock (8:00) A.M. of the following day on Friday and Saturday. e. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of the following day. The only sounds permitted shall be either music, human speech, or both. The sound emanating from sound amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this section shall be as set forth in subsection D of this section. In no event, shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to reasonable persons of normal sensitivity within the area of audibility. 3. Permit Required: It shall be unlawful for any person, business or corporation to operate sound amplifying equipment in accordance with this chapter without first obtaining a permit from the town. Application for such permits will be on forms provided by the town. The following information shall be provided by the applicant: a. Name, address and telephone number; b. The place or places the applicant will be playing amplified sound; c. The dates and times the applicant will be playing amplified sound. All permits shall be valid for a period of one calendar year. (.Appeal: Appeal of any action of the town manager or duly authorized representative pursuant to http://www.sterlingcodifiers.com/CO/Vai1/09001000000007000.htm 7/29/2008 5-1-7: NOISE PROHIBITED: Page 5 of 5 subsections E and H of this section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within thirty (30) days following such action with the town council which shall hear said appeal in accordance with its rules of procedure. The town council may confirm, reverse or modify the actions of the town manager or his/her duly authorized representative. J.Penalty: Any person, partnership, association, or corporation convicted of a violation of any provision of this section shall be subject to penalty as provided in section 1-4-1 of this code. K. Four Day Limit: 1. Any person wishing to play "amplified sounds" as defined in subsection H of this section during any period not to exceed four (4) consecutive days shall not be required to provide the information set forth in subsection H3 of this section in such person's application. 2. Upon the receipt of an application to play amplified sound during any period not to exceed four (4) consecutive days, the town manager, without the necessity of a public hearing, shall either grant or deny the application after consideration of all the relevant factors. Before the town manager shall grant any such application, the town manager shall be required to make the findings set forth in subsection E4 of this section. (Ord. 14(2007) § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. 15(1988) § 1: Ord. 26 (1984) § 1: Ord. 32(1982) § 1: Ord. 1(1981) § 1) http://www.sterlingcodifiers.com/CO/Vail/09001000000007000.htm 7/29/2008 Boulder, CO Noise Ordinance EXHIBIT E Noise giirei Clearinghouse "Good Neighbors Keep Their Noise to Themselves" Boulder, CO Noise Ordinance (NPC posted this April 2004) TITLE 5 GENERAL OFFENSES Chapter 6 Miscellaneous Offenses' 'Adopted by Ordinance No. 4654. Derived from Ordinance Nos. 4543, 4611, 4627. 5-6-1 Unreasonable Noise. (a) No person shall make unreasonable noise in a public place or near a private residence that such person has no right to occupy2. (b) No person shall electronically amplify any sound, or make any noise by means of any electronic amplifier, which is loud enough to be audible to a person of normal hearing one hundred or more feet beyond the property line of the property upon which the loudspeakers are located during the hours of 11:00 p.m. through 7:00 a.m. (1) Each resident of a dwelling unit who is present within that dwelling unit or upon the premises of that dwelling unit when such sound is amplified or generated shall be responsible for the generation of that sound or noise pursuant to the provisions of this section. However, it shall be a specific defense to a violation of this provision that a resident of the dwelling unit attempted to remedy the situation and was precluded from doing so or was incapacitated or otherwise unable to remedy the situation. (2) The provisions of this section do not apply to sounds generated by authorized emergency vehicles, to vehicle horns sounded as a danger warning signal, to sound made on property belonging to or leased or managed by a federal, state, or county governmental body other than the city and made by an activity of the governmental body or by others pursuant to a contract, lease, or permit granted by such governmental body, to audible alarm police alarm devices operated in conformity with Chapter 4-16, "Police Alarm Systems," B.R.C. 1981, or to fire alarms. (c) No person shall make any trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential or business uses between the hours of 11:00 p.m. and 7:00 a.m., and no employer shall fail to prevent its employee from violating this subsection while http://www.nonoise.orglawliblcities/co/boulder_co.htm 7/29/2008 Boulder, CO Noise Ordinance Page 2 of 4 the employee is driving a trash truck owned by or under the control of the employer. For the purposes of this subsection, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by or was under the control of the employer so identified. (d) Trash haulers may apply to the city manager for a variance of the provisions of subsection (c) above for business district locations. Possession of a valid variance shall be a specific defense to any charge under subsection (c) above if the act complained of was within the variance granted. The manager may grant all or a part of any requested variance, and may place such conditions upon any variance granted as are reasonably suited to limit the harmful effects of the variance. Such variances shall be granted only if the applicant can demonstrate to the manager's satisfaction: (1) That the location in question is sufficiently removed from any residential use that the noise of trash removal will not disturb anyone in their residence, including, without limitation, hotel and motel accommodations; or (2) That the location cannot feasibly be serviced during permitted hours, and that the variance is the least necessary to permit trash removal while still assuring nearby residents reasonable nocturnal quiet. 2People v. Fitzgerald, 194 Colo. 415, 573 P.2d 100 (1978). Ordinance Nos. 5660 (1994); 7151 (2001); 7349 (2004). 5-6-2 Excessive Sound Levels. (a) No person shall: (1) Operate any type of vehicle, machine, or device; (2) Carry on any activity; or (3) Promote or facilitate the carrying on of any activity, which makes sound in excess of the level specified in this section. (b) Sound from a moving vehicular source located within the public right-of-way shall not exceed eighty decibels on the "A" weighting scale (dBA), except that sound from a vehicle with a manufacturer's gross weight rating of ten thousand pounds and above operated on a prescribed truck route at all times or elsewhere within the city during the hours of 7:00 a.m. to 6:00 p.m. on Monday through Saturday may exceed eighty dBA but shall not exceed eighty-eight dBA. Such sound shall be measured at a distance of at least twenty-five feet from a vehicle located within the public right-of-way. (c) Sound from any source, other than a moving vehicular source located within the public right-of-way, shall not exceed any of the following limits for its appropriate zone: (1) The zone limits prescribed by this section are set forth in the following table: Zoning Designation of the Property on Which the Sound is Received Maximum Number of Decibels Permitted from 7:00 a.m. until 11:00 p.m. of the Same Day Maximum Number of Decibels Permitted from 11:00 p.m. until 7:00 a.m. of the Following Day (All zoning designations include suffixes) II I II I http://www.nonoise.org/lawlib/cities/co/boulder co.htm 7/29/2008 Boulder, CO Noise Ordinance Page 3 of 4 RR, RR1, ER, LR, MR, MXR, HR, MH, HZ TB, RB, RB1, RB2, RB3, RMS, MU, BMS, CB, A, P IG, IM, IS, IMS 55 dBA 65 dBA 80 dBA 50 dBA 60 dBA 75 dBA (2) Sound from construction work for which a building permit has been issued shall be deemed to be received in an industrial zoning district during the hours of 7:00 a.m. to 5:00 p.m. for work of any type, and until 9:00 p.m. for light construction work that uses only hand tools and power tools (but not including nail guns) of no more than five horsepower. Under no circumstances shall amplified sound be considered as construction work activity. (3) Sound from a source regulated by this subsection: (A) Sound from a source on private property shall be measured at or inside the property line of property other than that on which the sound source is located; or (B) Sound from a source on public property may be measured on that property so long as the measurement is taken at least twenty-five feet from the source, or it may be measured at or inside the property line of property other than the public property on which the sound source is located; and (C) For the purposes of this paragraph, a leasehold shall be deemed a property, and its boundary shall be deemed a property line. (d) All sound measurements shall be made on a sound level meter that meets ANSI specification S1.4- 1974 for Type I or Type II equipment. The manufacturer's published indication of compliance with such specifications is prima facie evidence of compliance with this subsection. (e) It is a specific defense to a charge of violating this section that: (1) The sound was made by an authorized emergency vehicle when responding to an emergency call or acting in time of emergency; (2) The sound was made within the terms of a parade, fireworks display, or temporary street closure permit issued by the city manager, or was made by the rendering of military honors at a funeral by a military funeral honors detail; (3) The sound was made by an animal; (4) The sound was made by the sounding of the horn of any vehicle as a danger warning signal or by the sounding of any warning device as required by law; (5) The sound was made on property belonging to or leased or managed by a federal, state or county governmental body other than the city and was made by an activity of the governmental body or by others pursuant to a contract, lease, or permit granted by such governmental body; or (6) The sound was made within the terms and conditions of a sound level variance granted by the city manager or the manager's authorized representative. A variance shall be granted after application is made if the manager finds that compliance will cause an undue hardship and further finds that: (A) Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this section; or http://www.nonoise.org/lawlib/cities/co/boulder_co.htm 7/29/2008 Boulder, CO Noise Ordinance Page 4 of 4 (B) The activity, operation or sound source will be of temporary duration, and even with the application of the best available control technology cannot be done in a manner that would comply with this section. In either case, the manager must also find that no reasonable alternative is available to the applicant. If the manager grants a variance, the manager shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse effects upon the community or the surrounding neighborhood. (f) This section shall not be construed to conflict with the right of any person to maintain an action in equity to abate a noise nuisance under the laws of the state. (g) Each offense of violation of this section constitutes a separate and distinct violation. Ordinance Nos. 4981 (1986); 5206 (1989); 5271 (1990); 5821 (1996); 5930 (1997); 7083 (2000); 7152 (2001). N pc Libr'c12 7 L.av' Library N.:. i HCant- = E.r'.' urc r3 tIlrt Jr arch . Ask TT"a http://www.nonoise.orglawlibicities/co/boulder_co.htm 7/29/2008