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TC Council Packet 10-28-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 28, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD COLODO PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN ATTORNEY: ERIC HEIL 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 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY INPUT a. Fall Family Fun Night (Tommy Schneider, Pastor Calvary Chapel) b. American Institute of Architects Colorado West Chapter - Eagle River Valley Sustainable Design Assessment Team Application Presentation (Chris Green, P&Z Member) Request support for the application c. Public Hearing on 2009 Town of Avon Budget and Capital Improvement Project Budget (Val Barry, Finance Officer) 5. CONSENT AGENDA a. Minutes from October 14, 2008 b. Beaver Creek Metro District Parking Services Agreement (Jenny Strehler, Director of Public Works & Transportation) Request for site usage at Swift Gulch for parking for BCMD transit buses for the 2008- 2009 ski season c. Beaver Creek Metro District Fleet Maintenance Agreement (Jenny Strehler, Director of Public Works & Transportation) Fleet Maintenance Agreement with BCMD for vehicle maintenance d. Resolution No. 08-36, Series of 2008, A Resolution Approving Revisions To The Town Of Avon Down -payment Assistance Program (Patty McKenny, Director of Administrative Services) Revisions to program that would enhance participation e. Change Order 001 - Recreation Center Remodel (Shane Pegram, Engineer I) Change Order 001 to the Avon Recreation Remodel Project is for addition of repairs to the southwest patio 6. ORDINANCES a. Ordinance No. 08-10, Series of 2008, Ordinance approving Memo of Understanding with NWCCOG for performing Elevator Inspections (Eric Heidemann, Community Development) Agreement would approve NWCCOG to provide the inspection of elevators within the Town of Avon 7. RESOLUTIONS a. Resolution No. 08-37, Series of 2008, Resolution approving Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge Town of Avon, Eagle County Colorado (2160 Long Spur) (Shane Pegram, Engineer II) The applicant Patrick and Laura Campbell have submitted a Final Plat to resubdivide Lot 30, Block 1, Wildridge into two distinct lots 8. UNFINISHED / OLD BUSINESS Avon Council Meeting.08.10.28 Page 4 of 5 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 28, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD AVON COLORADO 9. NEW BUSINESS 10. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 11. OTHER BUSINESS 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: November 11, 2008: Avon Retirement Plan Amendments, Parking ordinance revision to designate a commercial core with enhanced penalties November 25, 2008: Swear In New Council Members 16. ADJOURNMENT Avon Council Meeting.08.10.28 Page 5 of 5 MEMORANDUM Date: To: From: Re: No. of Pages: 10.21.08 Larry Brooks - Town Manager - Town of Avon Chris Green, AIA AIA Colorado West Chapter - Eagle River Valley SDAT Application Town Council Presentation — October 28, 2008 One (1) Including Cover The Colorado West Chapter of the American Institute of Architects (AIA) is in the process of submitting an application to the American Institute of Architects for an SDAT (Sustainable Design Assessment Team) review of the Eagle River Valley. The study area includes East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor Gulch, and Cordillera. A couple of the draft challenges we are working on presenting in this application are: 1 We seek, with this application, an outside review of the big picture issues of the sustainability challenges this valley faces in order to become a model sustainable resort valley. 2 How do we inspire our residents and resident business leaders to become leaders in sustainability to invest in the creation of a model sustainable community that can be an example to other resort communities facing the same pressures, challenges and opportunities as the Eagle River Valley? The Sustainable Design Assessment Team (SDAT) program focuses on the importance of developing sustainable communities through design. The SDAT program brings together multidisciplinary teams of professionals to work with community decision -makers and stakeholders through an intensive planning process. The mission of the SDAT program is to provide technical assistance and process expertise to help communities develop a vision and framework for a sustainable future. In 2007, Albany, NY; Central City, LA; Culver City, CA; Dubuque, IA; Tucson, AZ; New Orleans, LA, and Englishtown, NJ. In 2006, New Orleans, LA, Syracuse, N.Y., Longview, Wash., Guemes Island, Wash., Lawrence, Kan., Northeast, Mich., Northern, Nev., and Hagerstown, Md. participated in the SDAT program. The AIA is committed to sustainable design that creates communities and buildings which advance enduring public and environmental well-being. The SDAT program is based on the AIA's goal of helping communities create a sustainable relationship between humans, the natural environment, and place. By achieving balance between cultural, environmental, and economic systems, communities can sustain a place as a stage for human settlement. The SDAT program upholds the AIA Design Assistance team values of utilizing a multidisciplinary team approach; ensuring the objectivity of all participating team members; and requiring broad, inclusive public participation and support. We seek the support of the Town of Avon in this effort. We are currently planning on presenting to the Eagle County Commissioners, the towns of Vail, Red Cliff and Mintum with future presentations to Eagle and Gypsum. We have the support of the University of Colorado's Center for Sustainable Urbanism to follow up on the results of the SDAT teams' efforts. We look forward to having this effort contribute to the positive future of our valley. The application is due on November 14. We appreciate your consideration of this. Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: October 23, 2008 Re: Public Hearing on Proposed 2009 Budget Summary: A public hearing will be held on Tuesday in order to give the public an opportunity to make comments on the Town's 2009 proposed budget. The Town's budget has been on file with the Town Clerk and at the Avon public library and was reviewed at length during with the Town Council at the recent budget retreat held on October 7th and 8t. The final budget adoption is now anticipated to be November 25th, at which meeting the newly elected Town Council members will be sworn in and the current sitting Council members will adopt the 2009 budget. Recommendation: There is no action necessary on behalf of the Town Council at this time other than to hear comments from the public. Town Manager Comments: Council Memo 2008-014.doc MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 14, 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, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community Development Eric Heidemann as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were none. COMMUNITY INPUT Missy Feldman, owner of Radio Shack, expressed concerns about the Avon 21 project. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. a. Minutes from September 23, 2008 b. Contract Parking Agreement with ECO Transit c. Change Order 006, 2007 Street Improvements d. Ground Engineering Proposal for Testing at the Recreation Center Remodel Mayor Pro Tern Sipes moved to approve the consent; Councilor Underwood seconded the motion and it passed unanimously. RESOLUTIONS Justin Hildreth, Town Engineer, presented Resolution No. 08-35. Series of 2008, Resolution Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. He noted that this was a review of Lot 61 PUD Final Plat and a proposal to vacate the plat. He presented the history surrounding the project describing the 2004 approval which allowed for a site specific development plan that allowed the building to encroach over and under the 50 foot right of way. Two final plats were approved and recorded; the first one dedicated the 50 foot right of way along with a 20 foot wide transportation hub easement on the south side of the property. The second final plat created a three dimensional subdivision that outlined how the building could encroach over and under the 50 foot right of way. Note 9 was added to the second final plat stating that the final plat could be vacated and revert to the first final plat if the development did not proceed. The PUD was contested in court and was declared invalid; therefore the development cannot proceed as approved. Staff requested the council approve this resolution No. 08-35 which would vacate the second final plant and revert to the first final plat to protect the Town's investment in Lettuce Shed Lane planned for construction in 2009. After some follow-up questions and comments a motion was made. Eric Heil noted that the process followed is outlined per the code book. Mayor Pro Tern Sipes moved to approve Resolution No. 08-35. Series of 2008, Resolution Vacating A Final Plat, a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed unanimously. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Public Hearing on Planning and Zoning Resolution No. 08-06, Series of 2008, Resolution Recommending Denial To The Avon Town Council Of A Rezoning Application To Rezone From The Town Center (TC) Zoning Designation To A New Planned Unit Development (PUD) For Lots 21, 65a, 65b, Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision, which is described as follows: Property Location: Lots 21, 65A, 65B, Tract Q, and Parcel TK-3, Block 2, Benchmark at Beaver Creek Subdivision / 62, 68, and 182 Benchmark Road Applicant/ Owner: E.A.H., LLC Description: The applicant, Pedro Campos of the Vail Architecture Group, representing the owner of the property, EAH, LLC, is proposing a new Planned Unit Development (PUD) and a concurrent Preliminary Plan for Subdivision on a new redevelopment site comprised of a reconfiguration of the properties listed above, which are currently zoned Town Center (TC), and wherefrom the existing buildings would be scraped. The proposed PUD is envisioned to be a contemporary mixed -use development including retail space, office space, residential and lodging uses vertically integrated within three new buildings to be located on the site. Matt Gennett, Planning Manager, presented the PUD application as submitted to the Town Council in a notebook that included the following documents: Staff Memo • Vicinity Map ♦ Minutes from numerous P&Z meetings ♦ P&Z Resolution No. 08-06 recommending denial to the Avon town Council of a rezoning application, etc. • the Avon 21 PUD / Subdivision Application • Schematics from the Preliminary Development Summary, Responses from several referral agencies, including ERFPD, ERWSD, Comcast, Xcel Energy, etc. ♦ Avon 21 Financial Impacts to Town of Avon submitted by Stan Bernstein • Correspondence from VAg, Inc. Pedro Campos, • a model development agreement. He noted that the recommendation was from both staff & the P&Z Commission for denial of the application because the burden of proof has not yet been met by the applicant. He noted that there were concerns outlined in Resolution No. 08-06 that addressed numerous design criteria that were not complied with. Mr. Gennett spent time relaying comments from the minutes of the P&Z commission. It was noted that Council options included approval, approval with conditions, denial or tabling. Brian Judge representing Orion Development noted that the project has been developed over the last four years. He noted that it has been a difficult process trying to figure out where to start and the need to understand what the town wants in east Avon. He admitted to not having all the details in order, but in some respects the applicant wasn't sure it was necessary at this time to produce those items. He noted that the 10/8/08 letter does not request a tabling of the application. He would like to move through a series of meetings in order to further develop the project. He did not want to stop the process with P&Z and was hoping to understand the specifics Council wanted for the project. The following P&Z members commented on the process and the project: ❖ Todd Goulding commented on the processing of the application, noting that as the Commission asked for some types of changes, there were never any efforts made to revise the application. ❖ Chris Evans: spoke about having the appropriate tools and that basically the applicant did not respond to request made by the commission ❖ Leslie Roubos: commented that the applicant never came back with responses to the commissions' requests Scott Prince: commented that he'd like to have this application back on their table, there was never a good back & forth dialogue, asked that all three groups meet on the application, thought the tools were vague ❖ Chris Green: thought that the applicant had a plan on the table & that was the end of it, Regular Council Meeting Page 2 of 4 08-10-14 there were no responses to their requests ❖ Pedro Campos, VAg, Inc., noted that some additional documents that were completed. ❖ Leslie Roubos: commented that the applicant never came back with responses to the commissions' requests Scott Prince: commented that he'd like to have this application back on their table, there was never a good back & forth dialogue, asked that all three groups meet on the application, thought the tools were vague ❖ Chris Green: thought that the applicant had a plan on the table & that was the end of it, there were no responses to their requests ❖ Pedro Campos, VAg, Inc., noted that some additional documents that were completed. Mayor Wolfe opened the public hearing asking for comments from the public; the following people addressed Council: ❖ Kent Beidel, owner Loaded Joes, attended six of the meetings and noted that he thinks the comments were heard but not really addressed, ie parking. ❖ Leslie Roubos, resident of Avon and Member of P&Z, concerned about small businesses being able to survive ❖ Mindy Feldman, owned Radio Shack for 23 years and concerned about the small businesses Some discussion ensued about the process and fees for the application. Mayor Wolfe closed the public hearing. Council comments were heard at this time: ❖ Underwood: no way that the commission should or would approve a deal where they do not have the detailed analysis that includes some level of specificity; very strongly support denying the application ❖ Sipes: requested that water be treated as a condition and absolutely identified, this redevelopment is positive for the town and doesn't want this to get into a bad place; the ideas are just young and need more negotiation ❖ Carroll: supported denial of the application and that the applicant should resubmit ❖ Ferraro: noted that P&Z is equipped to do this analysis, does not like that it is too big, prefers a smaller scale in density & height, need a better ratio of public benefit to impacts, would like affordable housing, neutral about the architecture ❖ Phillips: supports denying the application, has business concerns for the future residents, concerned about transportation ❖ Dantas: concerns with both east & west avon becoming too resort & not enough local businesses in the area, doesn't want a big hotel with conference room, would like to see something more similar to Riverwalk, doesn't like contemporary architecture ❖ Wolfe: should have continued the negotiation of this project at the P&Z level; supports the denial of the application, staff can decide whether or not a pre application meeting should take place in the future, use of URA tax increment financing with the project, before the project is approved they want to know what it looks like ❖ Brooks: prefers to start over with a draft development agreement that outlines business points, staff will be specific about recommendations for lobby area and role of front desks, does not want unified ownership of the front desk area Councilor Phillips moved to deny the Rezoning Application To Rezone From The Town Center (TC) Zoning Designation To A New Planned Unit Development (PUD) For Lots 21, 65a, 65b, Tract Q, And Parcel Tk-3, Block 2, Benchmark At Beaver Creek Subdivision as recommended by the Planning & Zoning Commission. Mayor Pro Tem Sipes seconded the motion and it passed unanimously. Regular Council Meeting Page 3 of 4 08-10-14 TOWN MANAGER Town Manager Larry Brooks commented on the Governor's Energy Office award of the grant funding for the heat recovery project; he thanked Jenny Strehler and the Water and Sanitation District for their cooperative effort in this venture. MAYORS REPORT Mayor Wolfe commented on the Eagle County Land Trust Exchange. He noted that the project will be before the Eagle County Open Space Advisory Board to request some funding for acquisition costs. There being no further business to come before the Council, the meeting was adjourned at 7:50 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 08-10-14 Town of Avon Department of Transportation Memo To: The Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jennifer Strehler, Director of Public Works and Transportation Date: October 14, 2008 Re: Contract Parking Agreement with Beaver Creek Metro District Summary: Beaver Creek Metropolitan District (BCMD) has requested site usage at Swift Gulch for parking of eight transit buses, use of the wash bay, and ability to purchase fuel for the 2008-09 ski season. The Town Council is requested to authorize the Town Manager to sign the revenue generating agreement for 2009. Background: BCMD has been parking transit buses, using the bus wash, and re -fueling buses at the Town's Swift Gulch site, for many years. In the past, these services have been billed and accounted for in association with the integrated operation of Avon Transit and operation of the Beaver Creek ski area parking lot shuttle. However, that contract was terminated by BCMD in February 2009. BCMD has requested site usage at Swift Gulch for parking of eight transit buses and access to the wash bay and fuel dispensing for these buses for the 2008-09 ski season. Discussion: The proposed agreement is attached and has been reviewed by the Town Attorney. The Town has offered these services to BCMD at the same rates as charged to ECO Transit. Financial Implications: As is customary, funds derived from the town's execution of services under this agreement will be included as revenue in the Fleet Maintenance Enterprise Fund #61. Approximately $12,600 is projected as revenue and has been included in the 2009 budget. Recommendation: Staff recommends that Town Council approve that attached contract and authorize the Town Manager to sign same. Town Manager Comments: Attachments: Agreement for Services bGEw n the Town of Avon and BCMD 2008 Parking Agreement BCMD-TOA SERVICE AGREEMENT THIS AGREEMENT is entered into between Beaver Creek Metropolitan District, a quasi - municipal corporation and a political subdivision of the State of Colorado ("BCMD"), and Town of Avon ("Avon"), a municipal corporation of the State of Colorado, on the signatory date shown herein. IT IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Availability of six outdoor paved parking stalls at the Swift Gulch Public Works Complex (the "Premises") to be used for parking of a maximum of six transit vehicles; stalls are provided with 120v/10amp electrical power to support the engine block heater at a charge of $350.00 per month per vehicle (includes electrical power for months of November through March). (b) Outdoor paved parking stalls at the Premises to be used for a maximum of two (2) transit vehicles (in addition to those allowed under 1(a)) that are under 28 -feet in length; these stalls, are not provided with power. Charge for these stalls is $300.00 per month per vehicle. 2. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The Premises are not secure; the BCMD is advised that use of the Premises is "at your own risk". (b) Parking stalls shall be those designated by Avon. (c) Avon staff reserves the right to physically drive and relocate any of the BCMD's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. BCMD agrees to provide Avon with functioning keys and/or key - codes capable of unlocking and starting all BCMD-serviced vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at BCMD's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by BCMD or their assigned for a period of thirty (30) days or more. (e) BCMD agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the. BCMD initiated site use, except for ordinary wear and tear. (f) BCMD agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which BCMD becomes aware. (g) BCMD agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the Premises damaged by the BCMD through misuse, neglect or recklessness. (h) BCMD herein acknowledges that the BCMD has examined the Premises, including Page 1 of 2 2008 Parking Agreement BCMD-TOA electrical outlets, and has found them to be in good, safe, and clean condition at commencement of this Agreement. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services. 4. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. BCMD is responsible for payment associated with the number of stalls specified in Section 1(a) regardless of actual use. Payment is due in full within thirty days of receipt of the invoice. The Town reserves the right to periodically adjust the rates charged for services. 5. Term and Termination. This is a month -to -month service agreement which commences on November 20, 2008 and automatically terminates on April 13, 2009 on which date BCMD is responsible to have all vehicles removed from the site. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. 6. Indemnification. BCMD agrees to the extent permitted by law to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any and all loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of the indemnifying Party's intentional or negligent acts, errors, omissions, or those of its agents, officers, servants and employees. 7. Insurance. BCMD must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to BCMD-owned property, or any property owned by others and included in a service agreement operated by BCMD, while located on the Premises, including acts of vandalism, theft, and comprehensive damage of same vehicles. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the real property. Avon chgl1 be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits of Avon employees. TOWN OF AVON By: Larry Brooks BEAVER CREEK METROPOLITAIN DISTRICT Page 2 of 2 Signature Date /D/G Date Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: October 28, 2008 Re: Service Agreement with Beaver Creek Metro District (Bus System) Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Beaver Creek Metro District for Bus maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Beaver Creek Metro District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as °BCMD") and the Town of Avon whose address Is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide (Collectively the "Services"): (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the BCMD vehicles and equipment. Service will be performed on approximately 23 transit buses listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehides and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are In good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor the shop rate of $100.00 per hour for Routine Maintenance and Repair and Replacement through December 31, 2008. Effective January 1, 2009 the shop rate will be $105.00 per hour. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost of Unleaded Gasoline and Diesel Fuel wi8 be at the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash rates. 4. Terms and Termination: This Agreement will be effective as of October 1, 2008 and will terminate on September 30, 2009 unless either party falls to substantially perform the duties and obligations in accordance herewith. In suchan event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Contractor shall provide BCMD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or In contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, Inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or In part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination Is sought. ,rati EXECUTED thisday of a ec 2008. Beaver C Metropolita D By: C 16 Cat. Alp/ EXECUTED this day of . goos. TOWN OF AVON BY: EXHIBIT A W PM Preventive Maintenance Inspection "Annual' Preventive Maintenance Inspection 3,000 miles or 250 hours every 12months $100.00 hr. $105.00 hr after 1/1/09 Plus parts & sublet $100.00 hr. $105.00 hr. after 1/1/09 Plus parts & sublet NOTE: included as a part of Exhibit/Us the vehicle listing applicable to this agreement as of I August 11, 2008. 1 N93623476A140297 50 Optima Bus Beaver Creek 997 1 N93623456A140296 50 Optima Bus Beaver Creek 996 1Z9B5BSS54W216252 51 Optima rBus Beaver Creek 852 1Z9B5BSS34W216251 51 Optima Bus Beaver Creek 851 15GCD2018T1087501 60 Gillig E Bus Beaver Creek 848 15GCD2013T1087499 60 Gllllg ' Bus Beaver Creek 846 15GCD201 XT1087497 60 Gillig Bus Beaver Creek 844 15GCD2016T1087495 60 Gillig ! Bus Beaver Creek 842 15GCD2012T1087493 60 Gillig [Bus Beaver Creek 840 15GCD2010T1087492 60 Gillig Bus Beaver Creek 839 1 GBJ5VI GX7F419693 35 Star Craft Body On Chassis Beaver Creek 793 1 GBJ5V1 G27F419482 35 Star Craft Body On Chassis Beaver Creek 762 1 Z9B7DTS16W216160 50 Optima Bus Beaver Creek 760 1 Z9B7DTS56W216159 50 Optima Bus Beaver Creek 759 1Z9B6DTS05W216149 50 Optima Bus Beaver Creek 649 1Z9B6DTS95W216148 50 Optima Bus Beaver Creek 648 1Z9B6DTS75W216147 50 Optima Bus Beaver Creek 647 1Z9B6DTS55W216146 50 Optima Bus Beaver Creek 646 564 1 GBJ5V1 EX5F502164 34 Terra Transit Body On Chassis Beaver Creek 1 GBJ5V1 E75F502655 34 Terra Transit Body On Chassis Beaver Creek 555 1 GBJ5V1 E15F502344 34 Terra Transit Body On Chassis Beaver Creek 544 Pending 70 Gillig Bus Beaver Creek Pending 70 Gillig Bus Beaver Creek MEMO To: HONORABLE MAYOR AND TOWN COUNCIL THRU: LARRY BROOKS, TOWN MANAGER FROM: PATTY MCKENNY, DIRECTOR ADMINISTRATIVE SERVICES DATE: OCTOBER 23, 2008 RE: RESOLUTION No. 08-36 APPROVING REVISIONS TO THE TOWN OF AVON DOWN -PAYMENT ASSISTANCE PROGRAM SUMMARY: The attached Resolution and Exhibit address revisions to the Town's Down -payment Assistance Program and are presented for Council's consideration. PREVIOUS COUNCIL ACTION: The Town Council approved this program in November 2007. BACKGROUND: Recruiting and retention of employees continues to be of concern for Avon's organization as reviewed in the budget retreat a couple of weeks ago. This program was implemented one year ago in an effort to assist the town in attracting key personnel. Finding a permanent home can be very expensive in the Vail Valley and often times discourages people from accepting positions with the Town. This program was adopted in hopes of helping key employees obtain housing in and around Avon and offers assistance through two types of loans. The assistance was offered to police personnel and department directors. To date only one employee has been in a position to utilize this program. Feedback on the program was received from police department personnel who outlined reasons why they were unable to use the program. One primary reason noted was that the inventory within the 7 miles radius did not include price points that were affordable based on an employees mid range salary and the need to stay within the acceptable mortgage to income ratio. DISCUSSION: In light of the less than nominal participation in the program, staff compiled information from area agencies about what types of housing programs were being offered. Information was gathered from Breckenridge, Eagle County, Eagle, Glenwood Springs, Eagle River Water and Sanitation District and Vail. Programs offered by these governments varied greatly and reviewing them helped frame staffs recommendations for changes to Avon's program as follows: • Revise 7 mile restriction to broader area with language as follows: "within a reasonable commuting distance of the Town" (language used in resolution and exhibit). Conventional Fixed Rate Second Mortgage Assistance • Allow all full time employees to participate. • Reduce assistance amount to 15% of the home purchase price, excluding closing costs; this is suggested to ensure that the employee already has capital to put forth towards this investment. • Extend pay -back timeframe from three years to five years to allow the employee an opportunity to absorb the costs of homeownership over a longer period of time Shared Appreciation Second Mortgage Assistance • Revisions were made to clarify language related to appraisals, repayment, and term of loan. We in human resources hope to create a more competitive recruiting venue by offering this program along with Avon's competitive compensation package. Home ownership leads to a greater commitment to the valley and by offering this program to all employees; we may keep people employed longer with Avon as well. FINANCIAL IMPLICATIONS: The down -payment assistance program is currently funded from the Affordable Housing Fund. The 2009 budget reflects a Fund Balance in 08 as $751, 000. Council approved funding for the Eagle County Down -payment Assistance Program at $1,700 and the Valley Home Store at $5,000; these monies will be budgeted in this fund for 2009. The balances in our Affordable Housing Fund are from affordable housing extractions negotiated with the developers for the Gates project and the Riverfront PUD. TOWN MANAGER COMMENTS: ATTACHMENTS • Resolution No. 08-36 & Exhibit outlining Guidelines for Down -Payment Assistant Program TOWN OF AVON RESOLUTION NO. 08-36 Series of 2008 A Resolution Approving Revisions To The Town Of Avon Downpayment Assistance Program WHEREAS, the Town of Avon Down Payment Assistance program is established to attract and retain Town employees and to encourage home ownership within a reasonable commuting distance of the Town; and WHEREAS, the program will provide a second mortgage loan to certain employees in order to purchase new and existing single family homes, duplexes, condominiums or town homes in a way that reduces the costs associated with a first mortgage, provided those employees reside in the home as their primary residence. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon: 1. The Town of Avon Down Payment Assistance ("DPA") program is approved. 2. The Town Manager is authorized to establish guidelines for the DPA program and to make loans to qualified employees of the Town consistent with those guidelines and the funds appropriated by the Town Council for implementation of the program. PASSED AND ADOPTED the 28th day of October 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 1 (REVISED) EXHIBIT To RESOLUTION NO. 08-36 GUIDELINES FOR DOWN -PAYMENT ASSISTANCE PROGRAM The Town of Avon Down -Payment Assistance (DPA) program is established to attract and retain Town employees, and to encourage home ownership within a reasonable commuting distance of the Town. The program provides a second mortgage loan to an employee in order to purchase new and existing single family homes, duplexes, condominiums or townhomes in a way that reduces the costs associated with a first mortgage. Employees must reside in the home as their primary residence. A DPA mortgage may be taken as either a conventional fixed rate second mortgage or a shared appreciation second mortgage, as described below. The DPA available for each program differs. The percentage awarded may take into consideration the employee's other financial means; if an employee has other assets that are available for down -payment, the DPA may be reduced. The final loan award will be at the discretion of the Town Manager. The DPA program is subject to available funds and may be suspended at any time by the Town Manager. Funding for all DPA mortgages must be approved by the Town Manager. Employee eligibility for these programs is outlined below. CONVENTIONAL FIXED RATE SECOND MORTGAGE • All full time employees with the Town of Avon who meet the qualifications of this policy may elect a Conventional Fixed Rate Second Mortgage. • Maximum amount available is 15% of the home purchase price, excluding closing costs. • Financing for the first five years is at 0% with no principal payments required. Repayment will commence upon the fifth anniversary of closing. An amortization schedule will be prepared by the Town's Director of Finance amortizing the second mortgage at an interest rate equal to the prime rate of the Town's depository bank at the time of closing and a term not to exceed 15 years. • The second mortgage payments will be deducted from the employee's paycheck on a bi- monthly basis. • Employees may repay the outstanding principal amount due at any time without penalty. • Repayment of the outstanding principal amount due is required in full immediately upon the sale or transfer of the home, if the first mortgage is refinanced, if the home is no longer occupied by the employee, or within 9 months after the employee leaves the employment of the Town. SHARED APPRECIATION SECOND MORTGAGE • Department head employees, who meet the qualifications of this policy, may elect a Shared Appreciation Second Mortgage. • The maximum amount available is up to 20% of the home purchase price, excluding closing costs. • Financing is at 0% and no monthly payments are required. • Repayment of the principal balance of the mortgage plus the Town's share of net appreciation on the home is required when the home is sold or transferred, if the first mortgage is refinanced, if the home is no longer occupied by the employee, within 9 months after the employee leaves the employment of the Town, or, if not paid sooner, will be subject to amortization commencing 30 years after the date of closing. The Town reserves the right to require an appraisal upon refinancing or a transfer to a related party. • Net appreciation is defined as the sales price of the home, less real estate commissions and the original cost of the home. The net appreciation of the home will include any increase in the value of the home, including increases due to capital improvements to the home, additions, remodels, etc. • The portion of the net appreciation to be shared with the Town shall be based upon the original amount of DPA as a ratio of the original purchase price of the home. • An employee who elects the Shared Appreciation Second Mortgage may, at any time, elect to convert to a conventional fixed rate second mortgage. An appraisal of the home provided for by the employee and acceptable to the Town shall be required to determine the net appreciation up to the conversion date. The original DPA plus the Town's share of the net appreciation as of the conversion date shall be the principal amount of the fixed rate second mortgage. Repayment of the second mortgage shall commence on the conversion date and shall be based on an amortization schedule prepared by the Town's Director of Finance, based on a repayment term not to exceed 15 years after the date of the conversion and interest to accrue at the prime rate of the Town's depository bank on the date of conversion. Down Payment Assistance Program - Revised 08 Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer (cu' - Shane Pegram, Engineer II Date: October 22, 2008 Re: Change Order 001- Town of Avon Recreation Center Remodel Summary: Change Order 001 (Exhibit A) to the Avon Recreation Center Remodel Project is for addition of repairs to the southwest patio. This change order includes work that was not part of the original scope. Funds will be transferred from the Noise Berm CIP Project. Staff recommends approval of Change Order 001 in the sum of $33,760. Previous Council Action: May 27, 2008 Town Council approved the construction contract with Mark Young Construction (MYC). Discussion: The Avon Recreation Center Remodel project consists of remodeling the existing day care facility to include additional office space. The remodel also includes the addition of a second floor in the existing lobby to increase office space, cardio/stretching area and equipment maintenance space. Change Order 001 increases the scope of work to include repairs to the southwest patio. The patio's ceiling has been in need of repair for several years due to damage caused by moisture from the pool area and the roof drain (Exhibit C). The existing CMU column was also damaged by the leaking roof drain. The existing roof drain configuration allowed the drain to freeze and burst (Exhibit C). The required repairs include framing and installing a new ceiling, installation of new lighting, demo and replacement of the existing CMU column, and replacement of the roof drains within the column. Heat tape will be added to the roof drain to prevent freezing. Staff selected Mark Young Construction (MYC) to complete the work to reduce mobilization fees while they were on site and allow the work to be completed during the Recreation Center closure. The Change Order Request from MYC, dated September 25, 2008 is in the amount of $31,735. The request lists two "Add" line items for installing heat tape and the required circuitry in the sum of $2,025. Staff has determined that the heat tape "Add" is required to prevent future freezing of the drain. Staff recommends approval of Change Order 001 in the sum of $33,760. Financial Implications: The current Project Budget for the Avon Recreation Center Remodel Project is $660,000. Change Order 001 is an increase in scope of work and will require a budget amendment. A second change order will be presented to Town Council on November 11, 2008 that will account for changes within the original scope of work. The changes within the original scope of work are expected to be approximately $25,000 and within the planned contingencies. The proposed project budget is as follows: Project Item Original Budget Proposed Budget Design $70,000 $70,000 Construction Contract (including alternates) $530,500 $530,500 IT Components $15,000 $15,000 Special Inspections $2,500 $2,500 Contingency $42,000 Change Order 001 $34,000 Expected Change Order 002 $25,000 Total Budget $660,000 $677,000 Recommendation: Approve Change Order 001 to the contract with Mark Young Construction in the amount of $33,760. Proposed Motion: I move to approve Change Order 001 to the contract Mark Young Construction in the amount of $33,760. Town Manager 6A•Comments: NOTES: Exhibit A — Change Order 001 Exhibit B — Mark Young Construction Change Order Request, dated September 25, 2008 Exhibit C — Recreation Center Patio Photos • Page 2 CHANGE ORDER Order No.: 001 Date: October 22, 2008 Agreement Date: June 2, 2008 NAME OF PROJECT: Recreation Center Remodel OWNER: Town of Avon, Colorado CONTRACTOR: Mark Young Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: See Exhibit A Justification: Change Order 001 increases the scope of work to include repairs to the southwest patio. The patio's ceiling has been in need of repair for several years due to damage caused by moisture from the pool area and the roof drain (Exhibit C). The existing CMU column was also damaged by the leaking roof drain. The existing roof drain configuration allowed the drain to freeze and burst (Exhibit C). The required repairs include framing and installing a new ceiling, installation of new lighting, demo and replacement of the existing CMU column, and replacement of the roof drains within the column. Heat tape will be added to the roof drain to prevent freezing. Change to CONTRACT PRICE: $33,760 Original CONTRACT PRICE: $530,447 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $0 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $33,760 The new CONTRACT PRICE including this CHANGE ORDER will be $564,207 Change to CONTRACT TIME: N/A CO -1 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 GENERAL CONTRACTOR REFRIGERATION CONCRETE Sent Via E -Mail September 25, 2008 Mr. Shane Pegram RE: COR # 3 -Additional work at the porch located between grid line 1 to 1.7 and grid line E to C. Dear Shane: PROPOSAL This COR is offered per the clarifications listed below in the amount of $ 31, 735.00 QUALIFICATIONS This COR is predicated upon the following specific Qualifications 1 Remove and Replace damaged CMU at D1.7 2 Install additional light gauge track 3. Install galvanized 16ga C -channels 4'-0" O.C. w/hanger wires 4. Remove insulation board and install icynene water blown, spray in place expanding foam insulation 5 Remove vents, install treated ply, and seal around plywood. 6. Remove and Replace Existing can lights 7. Install corrugated ceiling and trim with Alpro C -Panel .032" aluminum smooth regal white PDR- 20100. 8 Prime and Paint existing beam on west end. 9. Temp Shoring at tube steel after CMU column has been removed 10. Masonry weather protection 11 This price does not include drain replacement. This will be investigated during CMU removal. 12 Add heat tape at the existing drain Add $ 523. 13 Install new circuitry and heat tape for gutter if none exist Add $ 1,502. 14 This does not include repairs to interior wood paneling per note 3. Please contact me if you have any questions regarding the information within this proposal or should you require further detail. Thank you for the opportunity to provide this proposal. Your signature of approval is greatly appreciated. Shane Pegram MARK YOUNG CONSTRUCTION, INC. PROJECT NAME: Avon Recreation Center PROJECT NUMBER: 08580 CHANGE ORDER REQUEST SUMMARY COST CODES ACTIVITY DESCRIPTION AMOUNT TOTALS CHANGE ORDER REQUEST # 3 MARK YOUNG CONSTRUCTION LABOR: $21/hr $462 Remove 2" blue rigid foam insulation Remove Vents and install treat ply w/sealant Floor Protection Additional Cleanup 1 man x 14hrs' Install vents/trim out O corrugated ceiling 1 man x 8hrs MYC LABOR TOTAL $294 $168 $462 MYC MATERIAL $175 $175 $175 Additiona treated plywood w/slilicone sealant Additional plwood for floor protection MYC MATERIAL TOTAL MYC EQUIP. $376 $350 $726 $726 RSC scissor lift rental Dumpster for CMU MYC EQUIPMENT TOTAL MYC Overhead Cost $1,020 $90 $450 $1,560 $1,560 Additional overhead due to 6 wk lead time on corrugated ceiling Superintendent' 3 days O $42.5/hr Perduim 3 days O $ 30/day Hotel 3 days O $150/Night MYC Overhead Cost TOTAL SUBTOTAL $2,923 SMALL TOOLS O 2% OF LABOR PAYROLL TAXES & INSURANCE O 43% OF LABOR GENERAL CLEANUP O 5% OF LABOR DELIVERY DRAWINGS & SPECS $9 $199 $23 $0 $0 SUBTOTAL $3,154 MYC OVERHEAD & FEE O 10.0% $315 SUBTOTAL MYC WORK $3,469 SUBCONTRACTS Vogleman Remove and Replace CMU column $12,747 Temp Shoring of existing tube steel $1,200 Weather Protection $350 Insuismart Install icynene water blown, spray in place expanding foam insulation 176 S.F. $468 $ 2.66/S.F. EFT Electric Remove and replace light fixtures $1,385 Acoustic Systems Install corrugated ceiling and trim w/ Alpro $7,940 C -Panel 032" aluminum smooth Regal White Ossie Aguero Construction $1,250 Repair light guage track Install 16 guage C -channel w/hangers Prime/Paint West Beam SUBCONTRACT TOTAL $25,340 $25,340 SUBTOTAL $25,340 MYC FEE @ 10.0% $2,534 (SUBTOTAL SUBCONTRACTOR WORK I $27,874 SUBTOTAL (DIRECT COSTS) $31,343 BUILDERS RISK INSURANCE ( .2% per mo. $126 LIABILITY INSURANCE @ 0.75% $235 MYC BOND It .1% $31 SUBCONTRACTOR BOND @ 0% $0 PERMIT FEES @ 0.0% $0 SALES TAX 0.0% $0 CONTRACTOR CONTINGENCY @ 0% $0 PROPOSED CHANGE TOTAL $31,735 9.09 Memo AVO N COLOR ADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development Date: October 28th, 2008 Meeting Re: First Reading of Ordinance No. 08-10, an ordinance entering into a Memorandum of Agreement with NWCCOG for the purpose of performing elevator inspections Summary: Attached to this memo is an ordinance for consideration upon first reading. The purpose of Ordinance No. 08-10 is to enter into an agreement with the Northwest Colorado Council of Governments (NWCCOG) to provide for the inspection of elevators within the Town of Avon. NWCCOG has historically performed elevator inspections within the Town. This agreement memorializes the roles and responsibilities of each of the parties, which is necessary because of new state legislation. The subject ordinance has been reviewed by the Town Attorney whose comments have been incorporated into the attached document. Recommendation: Staff recommends the Town Council approve on First Reading Ordinance No. 08-10 as written and attached to this memorandum. Proposed Motion: "I move to approve Ordinance No. 08-10 on First Reading." Town Manager Co ents: A ents: A. Ordinance No. 08-10 TOWN OF AVON, COLORADO ORDINANCE NO. 08-10 SERIES OF 2008 AN ORDINANCE OF THE TOWN OF AVON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG), CONCERNING THE INSPECTIONS OF ELEVATORS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, the Northwest Colorado Council of Governments is a Colorado government agency existing and operating under executive order of the Governor of Colorado; and WHEREAS, the Elevator and Escalator Certification Act (Act) Title 9, Article 5.5, Section 101 through 120, of the Colorado Revised Statutes, declares that in order to ensure the minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern; and WHEREAS, in 1992, Building Inspectors in Region XII, which includes the Town, approached NWCCOG Board of Directors and requested the implementation of a regional elevator inspector program; and WHEREAS, NWCCOG has executed a Memorandum of Agreement with the Division of Oil and Public Safety (OP S) and is now considered a qualified authority having jurisdiction; and WHEREAS, the attached agreement is entered into by the Town and NWCCOG to identify the responsibility of each party for ensuring the safety and conveyance within the jurisdiction and formalize the cooperative working relationship to provide procedures for communication, exchange of information as necessary to carry out the provisions of the Act; and WHEREAS, the Town Council may enter into contracts with other government agencies for the furnishing and receiving of services of public benefit by a two-thirds vote of the entire Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Intergovernmental Agreement between the Town and NWCCOG attached hereto as Exhibit A is approved. {00086404.DOC 2) ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE 28TH DAY OF OCTOBER, 2008. TOWN OF AVON, COLORADO By: Ronald C. Wolfe, Mayor Attest: By: Patty McKenny, Town Clerk {00086404.DOC 2) FINALLY ADOPTED, PASSED, APPROVED AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED BY A VOTE OF TWO THIRDS OF THE ENTIRE COUNCIL AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE 11TH DAY OF NOVEMBER, 2008. TOWN OF AVON, COLORADO By: Ronald C. Wolfe, Mayor Attest: By: Patty McKenny, Town Clerk {00086404.DOC 2} Exhibit A (Agreement) (00086404.DOC 2) Exhibit A LETTER OF AGREEMENT FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES Pursuant to the Elevator and Escalator Certification Act Title 9 Article 5.5, Colorado Revised Statutes THIS LETTER OF AGREEMENT is entered into this day of , 2008, between the Northwest Colorado Council of Governments (NWCCOG), PO Box 2308, Silverthorne, CO 80498 and Town of Avon (Jurisdiction), PO Box 975, Avon, CO 81620, collectively referred to as the "Parties." SECTION 1. RECITALS 1.1 Background a) The Elevator and Escalator Certification Act (the Act), Title 9, Article 5.5, Sections 101 through 120, Colorado Revised Statutes (C.R.S.), declares that in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. The Act states that: (1) All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS); (2) All conveyance contractors, mechanics and inspectors shall be licensed with OPS; (3) All conveyances shall be installed, altered, repaired, serviced, and maintained according to Colorado adopted national safety standards; and (4) A qualified local authority having jurisdiction (AHJ) may elect to enter into a Memorandum of Agreement (MOA) with OPS to regulate conveyances that are located within their jurisdiction territory. Following OPS' approval of the AHJ's conveyance standards and execution of this MOA, the AHJ will be considered an Approved AHJ. b) In 1992, Building Inspectors in Region XII approached the NWCCOG Board of Directors and requested the implementation of a regional elevator inspection program. After analyzing the need, costs and safety value of the program the NWCCOG Board decided that regional sponsorship is appropriate and the program will be a valuable service to the NWCCOG membership. c) NWCCOG has executed a MOA with OPS and is now considered an Approved AHJ. The Jurisdiction wishes to participate in NWCCOG'S Elevator Inspection Program (EIP). NWCCOG has entered into this Letter of Agreement with the Jurisdiction for the purposes of providing elevator inspection services. 1.2 Purpose This agreement is entered into by the Parties for the following purposes: a) To identify the responsibilities of each party for ensuring the safety of conveyances within the Jurisdiction through compliance with the Act and all promulgated rules and regulations; b) To formalize the cooperative working relationships between the Parties; and, c) To provide procedures for communications, exchange of information and resolution of problems as necessary to carry out the provisions of the Act and all promulgated rules and regulations. SECTION 2. RESPONSIBILITIES 2.1 NWCCOG a) NWCCOG will maintain an MOA with OPS and, thereby, be identified as an Approved AHJ. 1 b) NWCCOG shall, in cooperation with the JURISDICTION and OPS, establish a schedule for the JURISDICTION to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the JURISDICTION adopt the following standards by December 31, 2010: 1) ASME A17.1 - 2007 2) ASME A17.3 - 2005 3) ASME A18.1- 2005 c) Pursuant to §9-5.5-112 (3)(a), C.R.S., conveyances installed prior to July 1, 2008 are exempt from compliance with ASME A17.3, although NWCCOG, in cooperation with the OPS, shall require the implementation of any portion of ASME A17.3 necessary to mitigate a material risk to public safety. d) NWCCOG shall be responsible for issuance and enforcement of a Certificate of Operation for installation, alteration, operation, and maintenance of conveyances within its territory per §9-5.5- 114, C.R.S. e) NWCCOG shall work with the Jurisdiction to review and determine the validity of all variance requests to the adopted standards in 2.1(b). f) NWCCOG shall obtain and keep current licensing from OPS for each of its Elevator Inspectors. g) NWCCOG shall be responsible for relaying all required conveyance information on an annual frequency, at a minimum, to the OPS. h) NWCCOG shall be responsible for immediately notifying OPS of any and all accidents resulting in injury to an individual that have been reported to NWCCOG. i) Pursuant to §9-5.5-111 (2)(a), C.R.S., NWCCOG may set fees and collect or contract the collection of these fees to offset the cost of plan review or inspection of conveyances located within the Approved AHJ territory. Fee amounts will be recommended by the EIP Advisory Committee and determined by the NWCCOG Board of Directors. Conveyance owners shall be notified of any adjustment of fees a minimum of thirty (30) days prior to the effective date of the change. j) NWCCOG is responsible for all accounting aspects of the program including invoicing building owners for inspections and collections. 2.2 JURISDICTION a) The Jurisdiction shall, in cooperation with NWCCOG and OPS, establish a schedule for the Jurisdiction to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the Jurisdiction adopt the following standards by December 31, 2010: ASME A17.1- 2007 ASME A17.3 - 2005 ASME A18.1 - 2005 b) Following the initial adoption of standards described in 2.2(a), the Jurisdiction agrees to remain current in adoption of future standard versions within 90 days from the date at which the OPS adopts the standard. c) The Jurisdiction shall be responsible for immediately notifying NWCCOG of any and all accidents resulting in injury to an individual that have been reported to JURISDICTION. d) The Jurisdiction may appoint one representative to serve on the NWCCOG EIP Advisory Committee that oversees the operating rules and fee schedules for the program and makes recommendations to the NWCCOG Board of Directors. SECTION 3. TERMINATION Either party shall notify the other party in writing of their intent to terminate this Letter of Agreement. Such termination is effective 30 days following this notice. 2 SECTION 4. ADDITIONAL PROVISION 4.1 Legal Authority The parties warrant that each possesses actual, legal authority to enter into this Letter of Agreement. The Parties further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Letter of Agreement and bind that party to its terms. The person or persons signing this Letter of Agreement, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, legal authority to execute this Letter of Agreement, and any attachments or amendments hereto, on behalf of that party. 4.2 Notice of Pending Litigation Unless otherwise provided for in this Letter of Agreement, the Jurisdiction shall notify NWCCOG within five (5) working days after being served with a summons, complaint, or other pleading in a case which involves any services provided under this Letter of Agreement and which has been filed in any federal or state court or administrative agency. The Jurisdiction shall immediately deliver copies of any such documents in accordance with Section 4.3 of this Letter of Agreement. 4.3 Notice Procedure All notices required or permitted to be given pursuant to this Letter of Agreement shall be in writing and shall be deemed given when personally served or three (3) days after deposit in the United States Mail, certified mail, return receipt requested, and addressed to the following parties or to such other addressee(s) as may be designated by a notice complying with the foregoing requirements. NORTHWEST COLORADO COUNCIL OF GOVERNMENTS: Executive Director NWCCOG PO Box 2308 Silverthorne, CO 80498 970-468-0295 JURISDICTION: Building Official Town of Avon PO Box 975 Avon, CO 81620 970-748-4000 4.4 Entire Understanding This Letter of Agreement is the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved by the Parties. 4.5 Independent Contractor Neither NWCCOG nor any agent or employee of NWCCOG shall be or shall be deemed to be an agent or employee of the Jurisdiction. 4.6 Indemnification To the extent permitted by law, JURISDICTION shall indemnify, save, and hold harmless NWCCOG, its employees and agents, against any and all claims, damages, liability and court awards including costs, 3 expenses, and attorney fees and related costs, incurred as a result of any act or omission by JURISDICTION, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Letter of Agreement. 4.7 Governmental Immunity Act No term or condition of this Letter of Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. NWCCOG: JURISDICTION: Gary Severson Executive Director NWCCOG Name: Position: Jurisdiction: Town of Avon Date: Date: 4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer'U (- Shane Pegram, Engineer II Date: October 20, 2008 Re: Resolution No. 08-37, Approving the Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2160 Long Spur) Summary: The applicants, Patrick and Laura Campbell, owners of a duplex structure at 2160 Long Spur, have submitted a Final Plat to resubdivide Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 30, Block 1, Wildridge into two distinct lots, Lot 30A and Lot 30B, and creates an access easement across Lot 30A for the benefit of Lot 30B. The party wall agreement and declarations have been referred to Eric Heil and the Community Development department and all requested revisions have been made. The Final Plat is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-37 is attached as Exhibit A, and a copy of the Final Plat is attached as Exhibit B. Recommendation: Based on provisions of Chapter 16.48 and applicable sections of Title 16, Avon Municipal Code, staff recommends approval of Resolution No. 08-37, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-37, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attach fnenti s: Exhibit A Resolution 08-37, Series of 2008 Exhibit B Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado TOWN OF AVON RESOLUTION NO. 08 - 37 Series of 2008 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 30, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Patrick and Laura Campbell have submitted a Final Plat for a Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, located at 2160 Long Spur; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be in conformance with all applicable sections of Title 16, Subdivision, of the Avon Municipal Code; and WHEREAS, the proposed resubdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS ATTEST: Patty Bierle-McKenny Town Clerk DAY OF , 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, OCTOBER 28, 2008 MEETING BEGINS AT 12 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: ERIC HEIL TOWN STAFF TOWN MANAGER: LARRY BROOKS 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 12:00 PM -12:30 PM 12:30 PM LAKE STREET OPENING RIBBON CUTTING BREAK UNTIL 2:45 PM 2:45 PM - 3:15 PM 3:15 PM - 3:30 PM 3:30 PM EXECUTIVE SESSION pursuant to C.R.S. 24-6-402 (4) (b), C.R.S. for the purpose of conferencing with the Town Attorney for the local public body to receive legal advice on specific legal questions related to pending issues with the Village at Avon 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. COUNCIL COMMITTEE AND STAFF UPDATES a. USFS Land Exchange (Ron Wolfe, Mayor) Update on USFS land exchange b. Holiday Lighting Contest Update (Becky Lawlor, Community Relations Officer) Update on how to proceed with the lighting contest c. Financial Matters ( Scott Wright, Assistant Town Manager Finance) Memo Only 4. ADJOURNMENT Avon Council Meeting.08.10.28 Page 1 of 5 FACT SHEET: MULTI -PARTY LAND EXCHANGE LAND: • 2,223 acres, valued at more than $21 million, preserved; • 7 distinct parcels change ownership: USFS receives 2 and relinquishes 5; • No anticipated land cost to any party; • USFS 15 step process and all acquisition costs must be borne by non -governmental sector: 8 appraisals including SLB #3 'before' 7 Cultural Resource Surveys 7 Biological and Wildlife evaluations USFS requested use of independent Facilitator. PRIOR TOA CONCEPT: • Stand-alone exchange of 2 USFS parcels • 550 acres • Total land and acquisition costs of $6.5 million • OSAC request was $4.0 million • $11,818 per acre. MULTI -PARTY EXCHANGE: • Acquisition and transaction cost of $520,000 • $234 per acre! • Costs shared between Open Space Fund (75%; $390K) and Avon (25%; $130K). PARCEL VIEWING ROUTE: MULTI -PARTY LAND EXCHANGE (Allow 1 1/2 Hours) MAPS & VIEWS TO USE: Overall: map and 'fly -over' view of all parcels View Point #1 Battle Mountain H. S.: Maps of parcels 2, 3 and SLB parcel to be developed and 'fly -over' view from point Battle Mtn. H.S. View Point #2 Beaver Creek Point: Map of parcel 1 and 'fly -over view from across the valley to the south and from Beaver Creek Point looking south and west toward parcels 4, 5 and B View Point #3 Edwards Medical Center: Maps of parcels 4, 5 and B and 'fly -over' of these parcels. View Point #4 Heritage Park: Map of parcel A and 'fly -over' view. START: Highway 6 at Avon Road/BC Entrance. East on Highway 6 to Eagle Road; south on Eagle Rd. to Battle Mountain High School parking area. View south across Eagle River, I-70 and Highway 6 to parcels 2 and 3 [view point #1 map and 'fly -over']. I-70 nicks the SW corner of parcel 2; parcel SLB includes part of Battle Mountain H.S. where you are located. Parcel 3 is across the river and slopes up to the NE. Landmarks that are useful are the electrical substation and the Traer Creek drainage. RETURN TO HIGHWAY 6: West to Avon Road, turn north, go through town center, under I-70 and turn west on Nottingham Road. Turn north (right) at the second street, Buck Creek Road, and continue up to the first (only) left. Turn west (left) onto Wildwood Road. Looking west you will see parcel 1 and the prominent Beaver Creek Point ridge line and promontory. Continue to the intersection of Wildridge Road; turn right up the hill. Follow map to Beaver Creek Point. At the end of the road you can stop and walk out on to the point and view the parcel. This is view point #2: The 'fly -over' views look back at the parcel from across the valley and across the valley to parcels 4, 5 and B. DRIVE TO I-70: Return to Wildridge Road and drive down the road to the stop sign at the foot of the road. Turn left onto Nottingham and proceed to I-70 West. The highway passes along the south edge of parcel 1 from the last building at the SE corner to June Creek Road in Singletree. Note the flat area right along the highway. Continue west to the Edwards exit and go to the Edwards Medical Center parking lot. EDWARDS MEDICAL CENTER: This is view point #3. Look south. Parcels 4, 5 and B are across the valley and on the flanks of Lake Creek. CONTINUE: Exit the Medical Center, take the Edwards spur road to Highway 6 intersection. Continue south up Edwards Village Blvd. Left on Homestead Drive; right on Allen Circle; right into Heritage Park; right on Hollis Lane to cul de sac. HOLLIS LANE Cul de Sac: This is view point #4. 'Fly -over' view and topographic map show parcel A across the valley to the south. CONTINUE: Return to Highway 6. END: This completes the parcel inspections. Eagle Valley Land Exchange C `) p m UH E co O N ° - co • N • C O N @ L O U V" d D W U) P. U w N O C E Vi(1) co E O N C O CO • CD a CO O C L U d ▪ I W N Topographic maps, conventional maps and Google Earth visuals with parcel boundaries are available for down load at: http://www.evItorg/LEX (the "LEX" is case sensitive!) Note: Files are very large and take time to download for viewing and/or printing. The initial screen is the main menu: http://www.evlt.org/LEX name type size date description L] Aerial <DIR> 9 items 22-10-08 L=] Topo <DIR> 9 items 22-10-08 CI Views <DIR> 11 items 22-10-08 _• vti_cnf <DIR> 2 items 22-10-08 o, EVLex Google.pdf pdf 63.5 KB 22-10-08 1 a, EVLex.pdf pdf 129.9 KB 22-10-08 This menu shows three folders as follows: "Aerial" directs you to another menu aerial photos with parcel boundaries overlaid; "Topo" directs you to another menu of topographic maps of all parcels; "Views" directs you to another menu of Google Earth 'flyover' views with parcel boundaries. "_vti_cnf" is a computer needed file and not of use; "EVLex Google.pdf' is a view of all parcels in the exchange; "EVLex.pdf" is a planar map of all of the transactions. This is the "Aerial" folder: http://www.evlt.org/LEX/Aerial name type size date description [back] _vti_cnf Combined - Aerial.pdf Parcel 1 - Aerial.pdf Parcel 2 - Aerial.pdf Parcel 3 - Aerial.pdf Parcel 4 - Aerial.pdf Parcel 5 - Aerial.pdf Parcel A - Aerial.pdf Parcel B - Aerial.pdf <DIR> 22-10-08 <DIR> 8 items 22-10-08 pdf 463.7 KB 22-10-08 pdf 58.3 KB 22-10-08 pdf 68.5 KB 22-10-08 pdf 46.1 KB 22-10-08 pdf 44.3 KB 22-10-08 pdf 138.7 KB 22-10-08 pdf 72.0 KB 22-10-08 pdf 65.4 KB 22-10-08 Use the "[back] button to return to the prior menu. Again "_vti_cnf" is not of use. "Combined - Aerial" is an aerial photo, with parcel boundaries, of the entire transaction; "Parcel 1 - Aerial" through "Parcel B - Aerial" are individual parcel aerial views. Aerial views show terrain features and manmade features that help locate the parcels. This is the "Topo" folder: http://www.evlt.org/LEX/Topo name type size date description [ back ] _vti_cnf Combined Topo.pdf <DIR> 22-10-08 <DIR> 8 items 22-10-08 pdf 25.1 MB 22-10-08 Parcel 1-W Avon topo.pdf pdf 5.7 MB 22-10-08 Parcel 2 -Village topo.pdf pdf 1.6 MB 22-10-08 Parcel 3 -Highway topo.pdf pdf 2.6 MB 22-10-08 Parcel 4 -Cordillera topo.pdf pdf 2.5 MB 22-10-08 Parcel 5 -Homestead topo.pdf pdf 2.0 MB 22-10-08 Parcel A -N Edwards topo.pdf pdf 6.4 MB 22-10-08 Parcel B -S Edwards topo.pdf pdf 4.6 MB 22-10-08 Similarly this menu offers topographical maps of the total exchange and for each of the individual parcels. Topographic maps show terrain features that help locate the parcels. This is the "View" folder: http://www.evit.org/LEX/Views name type size date description [ back ] _▪ vti_cnf 2 Combined Views.pdf b, Parcel 1-WAvon.pdf ± Q, Parcel 2-Village.pdf o, Parcel 3-Highway.pdf ± o, Parcel 4-Cordillera.pdf • o, Parcel 5-Homestead.pdf I Parcel A -North Edwards.pdf o, Parcels 2 and 3 -Village... • o, Parcels 4 5 and B.pdf o, Parcels A 1 5 B 4.pdf <DIR> 22-10-08 <DIR> 10 items 22-10-08 pdf 518.0 KB 22-10-08 pdf 91.5 KB 22-10-08 pdf 75.3 KB 22-10-08 pdf 62.2 KB 22-10-08 pdf 54.2 KB 22-10-08 pdf 49.8 KB 22-10-08 pdf 51.3 KB 22-10-08 pdf 55.8 KB 22-10-08 pdf 75.8 KB 22-10-08 pdf 74.5 KB 22-10-08 This is the "View" folder: These views show natural and manmade features that help locate the parcels. They simulate what you will actually see but from a higher angle. MULTI -PARTY LAND EXCHANGE BUDGET EXPENSE ELEMENT NOT TO CASH FLOW PURPOSE EXCEED COST$ (NOTE 3) USFS COLLECTION COORDINATION $7,950 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES WETLANDS/FLOODPLAIN, BIOLOGICAL ASSESSMENTS & EVALUATION; MIS REPORT; T&E REVIEWS $4,800 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES CULTURAL RESOURCES/SHPO CONCURRENCE $350 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES HAZMAT REVIEW $1,700 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES ENVIRONMENTAL ASSESSMENT $7,900 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES FOREST PROCESS OVERSIGHT $1,150 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES SURVEY $1,150 OVER THE COURSE OF THE PROJECT AS USFS INCURS COSTS REQUIRED REIMBURSEMENT OF USFS INTERNAL EXPENSES CHANDLER APPRAISAL SERVICE, 8 PARCELS ONE TIME EACH $67,500 $16.5K SPENT ALREADY BY TOA. BALANCE ANTICIPATED TO BE SPENT DURING 1Q09 APPRAISAL OF 8 PARCELS, INCLUDING ONE POTENTIAL EQUALIZATION PARCEL # 4, APPRAISED AS IS. DOES NOT INCLUDE POST-PUD REAPPRAISAL OF PARCEL # 3 OR ADDITIONAL POTENTIAL EQUALIZATION PARCELS SUCH AS TWO WATER TANK SITES. (NOTE 3) ARCHEOLOGICAL ASSESSMENTS (7) $19,000 TO BE SPENT NOW THROUGH 1Q09 USFS REQUIRED SUBMISSION FOR LAND EXCHANGE BIOLOGICAL & WILDLIFE ASSESSMENTS (7) $28,900 TO BE SPENT NOW THROUGH 1Q09 USFS REQUIRED SUBMISSION FOR LAND EXCHANGE WESTERN LAND GROUP $80,000 BILLED MONTHLY THROUGH OUT PROJECT PROCESS LEADERSHIP & COORDINATION FOR ALL USFS EXCHANGE REQUIREMENTS AND PREPARATION OF SUBMISSION DOCUMENTS. LAND PLANNING COLLABORATIVE; 8 PARCELS $19,500 ALREADY SPENT BY TOA ON BEHALF OF PROJECT. DOCUMENTATION AND ANALYSIS OF PARCELS FOR ALL PARTIES INCLUDING MAPS, SLOPES, ACCESS, UTILITIES, WILDLIFE, FIRE RISK MITIGATION TOA LEGAL $25,000 ONLY WHEN ACTUAL PARCEL TRANSFERS ARE SCHEDULED GENERAL SUPPORT OF PROCESS AND REVIEW OF TWO DEEDS AND TWO CONSERVATION EASEMENTS COUNTY LEGAL ONLY WHEN ACTUAL PARCEL TRANSFERS ARE SCHEDULED; NO CHARGE TO PROJECT GENERAL SUPPORT OF PROCESS AND REVIEW OF TWO DEEDS AND TWO CONSERVATION EASEMENTS EVLT LEGAL AND TECHNICAL ASSISTANCE $60,000 BILLED MONTHLY THROUGH OUT PROJECT PREPARATION OF 4 CONSERVATION EASEMENTS, TECHNICAL GUIDANCE AND FACILITATION EVLT LEGAL DEFENSE & STEWARDSHIP FUND, 2 TOA PROPERTIES $85,000 AT CLOSINGS ENDOWMENT FOR PERPETUAL OVERSIGHT AND MONITORING OF EASEMENTS EVLT LEGAL DEFENSE & STEWARDSHIP FUND, 2 COUNTY PROPERTIES $85,000 AT CLOSINGS ENDOWMENT FOR PERPETUAL OVERSIGHT AND MONITORING OF EASEMENTS MISCELLANEOUS AND CONTINGENCY $25,000 IF NEEDED AND ONLY WHEN ACTUAL PARCEL TRANSFERS ARE SCHEDULED CONTINGENCY FOR UNFORESEEN EXPENSES SUCH AS ADDITIONAL PUBLICATIONS, TITLE COMMITMENTS, ETC. TOTAL $519,900 (NOTE 5) % OF TOTAL 100% COST SHARE TOA 25% $129,975 (NOTES 1, 2 & 4) ECo 75% $389,925 (NOTES 1 & 2) NOTES: 1. SHARES OF TOTAL LAND POST TRANSACTION: TOA 25%; ECo 15 %; USFS 58%; SLB 2% 2. SHARES OF PARCELS POST TRANSACTION: TOA 29%; ECo 29%; USFS 29%; SLB 14% 3. DOES NOT INCLUDE POTENTIAL NEED FOR ADDITIONAL EQUALIZATION PARCELS. APPRAISED VALUES WILL DETERMINE THE NEED FOR ADDITIONAL EQUALIZATION PARCELS. 4. TOA EXPENSES OF $1.3 MILLION TO RESTORE TRAILS IN WEST AVON PARCEL, TO BUILD ACCESS TRAILS AND TRAILHEAD AND NOTTINGHAM ROAD RECONFIGURATION NOT INCLUDED IN THIS BUDGET. 5. GRANTS AND OTHER FUNDS MAY BECOME AVAILABLE AND WILL BE USED FOR ACCESS AND USE IMPROVEMENTS Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Becky Lawlor, Community Relations Officer Date: October 28, 2008 Re: Holiday Lighting Contest Summary: For the past eight years, Town Council has held a Holiday Lighting Contest encouraging Avon businesses and residents to decorate for the holidays. Background: The Town of Avon turns on its holiday lights the week of Thanksgiving. Council came up with the idea to encourage our residents and businesses to turn on their lights as well as to promote holiday spirit and make Avon a more inviting, festive town. Judging typically takes place the week before Christmas. The Council boards a bus and rides around Avon to enjoy the holiday lighting and choose winners in various categories. The winners are presented with an award certificate and a gift certificate to a local restaurant during a regular Council meeting. In 2007, it was discussed whether to continue the contest due to a lack of participation. We decided to continue the contest with increased marketing and ask for nominations to reduce the time spent driving around Avon looking for residences with lights. We also consolidated the award categories and added a new Green Lighting Category (categories include: Best Business, Best Residential, Best Neighborhood, Best Team/Multi-Dwelling, Best Multi -media, Best Green Lighting). The other change was to make the bus ride more family -friendly to encourage more participation in the judging by Town Council and Planning and Zoning. In 2007, we had 5 Council members, plus 10 children, and 1 P&Z member attend the judging. Discussion: In an effort to continue to increase the publicity of this contest, the Community Relations Office will begin publicity of the contest by before the end of November to continue to try to encourage more residents and businesses to participate. We will continue to invite Council and P&Z members and families to participate in judging. Staff would like to recommend a consolidation of one more category (Best Neighborhood and Best Team/Multi- Dwelling). These two categories ended up being similar and are both a little difficult to award, since there is only one prize and multiple participants. Staff would like to recommend keeping just a Best Team, which could include multi -dwelling, street, neighborhood, etc. It was suggested last year by Council that an additional category that could be included and which might be nice is Best Apartment. This would allow for the judging of decorations on residents balconies. The only problem with this category is the difficulty of obtaining a specific address and staff would recommend that it be limited to nominated addresses. Judging Dates: Staff would recommend judging take place the week of December 15 -19th. Financial Implications: In 2007 $875 was spent on awards (not all places were awarded in all categories); $1062.38 was spent in advertising. Total spent was $1937.39. In 2006 , $1700 was spent. If the same amount is spent in 2008 on advertising as 2007 and all categories were awarded in all levels, the total cost would be approximately $2500. Town Manager Coy 3ents: FINANCIAL MATTERS October 28, 2008 1. YTD Building Revenue Report Actual vs Budget - 2. Detail - Real Estate Transfer Taxes - September 3. Accomodations Tax Worksheet Actual vs Budget 4. Sales Tax Worksheet Actual vs Budget - August September - August neN N (N (+1 01 N N N N PM H 00 N N(N( O O O (N(N (N N O7 In (N (N (N W 0 a 0 O .44 In N O do H O N (N O N H 0 m a o 00 N O R N H In 04 H H O §0 N P W In W 0 -.-1 W 0 O E o o OOOO O O O Uo0 00 0000 O O O as Q 00 00.0 O O O D 00 00.. 0 o O O 0 O O 0000 O O O m 'O 00 .„,m0 O O O a) E�[-� In In (Nm (N o m m In H 0, NN H N d( d( d, 5 n) 0 } U U m 'O 4 H 0 -,-q H (ES a4 0 4P a PO 0 OO NH O MM Q) l0 O w 01 (N (N HH OOOH N N N 0O (N(N Hl!1(N in d( (N -d. H LI1 H 1^ mm CNdNo (N m w c `j (N (N (N N (N N N N H H H Ow 00 N (N O (N (N (N (N HZ In in H mo in O O O Q 0 (N of (N (N O of N N N OO O7(NH d( In In In OW m W In (N w of (N (N 10 HH H N O (N H H H MM 00 NH N N N HH H N N N W H RECEIVABLES 00 0000 O O O 00 0000 O O O QM 00 OOOO O O O OE of (N NOON O O O H (Y, H MN HON( O O O 00 MM H H (N H (N (N (N 124O ww (NN(NN In m m 0 rx mm Hmo (' w w H H H H O OH a H pP M II PO d Cl) I 00 Hcg0 m0 I m PO W H_ O M I HP 0 003 H M' --.O �� a O U F0 00 W W 000 00.4 H a O rC •• as pp. E 00 H Ho a a aao o I H Pm MO Zo 0 pOto FOH a' Q. 000 05OIn I HM N(N H W a0 f05 i-7 I 1 ,7 W E\•• W. O a c!� WE .-7 MM W Nt0 in O - ••zx WEH 1 W M----- zz HOFC 0 0 1 u om Ho HH 0a I E QQo HH .-) •• •• Ui--1 waQ �I L) J H a H N (Na ((0W 00 E40 00 0 o0 OQog . ''HO .-)0 5H() 00E 0 NE NNNE p7 mgE 0)4 OH W IInH Lim W aH 05 n LnH 0) W W w 00 HO WM W a WH OOOO U H W W O H 00)050) HOO Z Q H a m a m 0 W 0 U TOTAL TITLE NOT FO TOTAL GENERAL FUND TOTAL REPORT Town of Avon Real Estate Transfer Tax Calendar Year 2008 Purchaser Name August 1, 2008 Holiday Land Title Guarantee Land Title Guarantee Land Title Guarantee Land Title Guarantee Land Title Guarantee Land Title Guarantee Title Comp Rockies Title Comp Rockies Title Comp Rockies Title Comp Rockies Land Title Guarantee JRA Services Inc Title Comp Rockies Mountain Realty LLC Ronald Goldberg Edward & Karen Sells Kenneth & Rubin Kahn Gandorf Tract B LLC Joseph & Tracy Ribeiro Andrew Lane & Jasmin Wong Victoria Ministri RPM Realty LLC JM Colorado Holdings LLC Whistle Pig LLC Moravec Family Trust Spurr-Portmann Family Trust Lincolnland Properties Inc I. Edgard Schorsch Janet St. Amand Schnoor Corporation William D. Harley Trust Derek Zukosky William D. Harley Trust Kirk & Barbara Lussenhop East West Partners Inc Niles C. Overly 222 Riverfront Resort & Spa Kelly P. Roark FSE Double G, LLC Transportation Management Systems LLC Brian & Dana Maurer The Withers Group SSTB, LLC 303 Westin Riverfront LLC Riverfront Holdings LLC JK&SK LLC Eyvazzadeh Vail Real Estate LLC Richard & Colleen Weber Catherine & Adam Grasch Napjax LLC Property Christie Lodge Timeshare Falcon Pointe 305-48 Falcon Pointe 307-48 Falcon Pointe 405-46 Falcon Pointe 310-20 Falcon Pointe 405-10 Falcon Pointe 405-19 Mtn. Vista 36-08 Mtn. Vista 37-08 Mtn. Vista 38-08 Mtn. Vista 39-08 Mtn. Vista 209-26 Mtn. Vista 1412-33 Mtn. Vista 1614 & 1616-05 Benchmark Condo A-09 Avon Crossing II 3-206 Avon Crossing III 4-301 Canyon Run D-101 2101 Saddle Ridge Loop Mtn. Shadows # 6 Wildcat Ridge Townhomes # 2 Vista Mayor A-11 Lot 4 Blk 2 Wldridge Lot 86-E Blk 4 Wildridge Riverfront Resort 141 Riverfront Resort 142 Riverfront Resort 151 Riverfront Resort 208 Riverfront Resort 212 Riverfront Resort 214 Riverfront Resort 215 Riverfront Resort 216 Riverfront Resort 217 Riverfront Resort 218 Riverfront Resort 219 Riverfront Resort 220 Riverfront Resort 221 Riverfront Resort 222 Riverfront Resort 223 Riverfront Resort 224 Riverfront Resort 229 Riverfront Resort 239 Riverfront Resort 240 Riverfront Resort 250 Riverfront Resort 303 Riverfront Resort 307 Riverfront Resort 308 Riverfront Resort 310 Riverfront Resort 312 Riverfront Resort 314 Riverfront Resort 315 Annual Recurring Riverfront PUD $ 620,980.30 $ 30.00 56.00 30.00 20.00 18.00 56.00 18.00 2,511.85 9,371.55 6,671.80 705.70 29.30 44.00 278.00 4,000.00 7,300.00 8,400.00 16,900.00 5,760.00 6,200.00 6,600.00 15,000.00 8,500.00 32,000.00 7,885.00 10,830.00 44,175.00 26,900.00 7,760.00 7,980.00 25,555.00 7,125.00 11,305.00 7,410.00 11,305.00 7,980.00 25,555.00 7,790.00 9,405.00 10,640.00 7,695.00 7,695.00 10,640.00 46,550.00 18,955.00 15,105.00 26,030.00 30,305.00 8,075.00 8,265.00 25,555.00 The Gates at Beaver Creek Town of Avon Real Estate Transfer Tax Calendar Year 2008 Purchaser Name Property Eyvazzadeh Vail Real Estate LLC Garry Boxer & Vicki Benson Laura & Miller Lewis Alicia Pinto & Ozan Yalcindag Westin Unit 341 LLC Beth C. Lehn Trust East West Resorts LLC Sharon L. Kimbell BLF Trust Share Riverfront Resort 316 Riverfront Resort 317 Riverfront Resort 320 Riverfront Resort 323 Riverfront Resort 341 Riverfront Resort 346 Riverfront Resort 347 Riverfront Resort 348 Total September Revenue Total YTD Revenue Total 2008 Budget Annual Recurring Riverfront PUD 8,265.00 39,900.00 8,265.00 8,550.00 7,885.00 11,020.00 9,595.00 25,555.00 130,500.20 553,505.00 751,480.50 1,500,000.00 The Gates at Beaver Creek 553,505.00 2,530,067.00 Variance, Favorable (Unfavorable) $ (748,519.50) $ (1,976,562.00) $ 0 0 0 0 0 0 0 0 0 0 0 TOWN OF AVON a) CA C C U 0 O YTD Collections ,ctual Collections I` O O N E O O N C O N' O O N a) • O N: 0) in N. Cn CO O O O O Ni N- CO LO CO CO V 0) O C 0 0 N 0000 aO CO CO CO 0) N- CO aO 0) 000 aO I- 000 N LO O ) 0 N N (N N V C— O O N N O CO CO r a) co N CO CO N C? 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LO V 0) CO 4 • 0 0 (D ✓ V CC) N N CO CO CO CD CD CO V -- (D 0) N- 0) V V CO (O U) N O CO CO co h N 0 0 O) 0 N- CO co ✓ V V V 6) O r N V (O CC) O co N. N O) O O N (D O a0 CO Lo CDN LO N CU O V N U• ) CD N- CD 00 O N CO N M 0) N N CO CD CO CVO N N CO vi 0) CD U) N CD CCO CN VO CO N 0) V' CO O) C!') 00 (O N 0 M V 0CO O) V Cf) N. O 0 _ CO CO CO 0) O CO O V -- V' 0 N CO N 0) 0) NV' N 0) A- • 1- • CO O) A- O) CD CO LO (v) O CO V V V CO N CO CO N N N N Cn L. (a LL U E T N • C N 3,764,805.55 5,573,212.91 EA A - CO CO V-- CA O) O) EA 4,676,449.91 (:(3 4,156, 960.20 4,125, 558.08 EA Ca O I- Sales Tax Collections for Aug usi iii D 0 00000000 000000000 a a 0 a a a 0 • a 0 a a O a a a a a O Oin ci a Oin a Oin a CL) • a U) Ni-'d' c) cr) CAN , l-