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TC Council Packet 11-11-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 11, 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: 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 5. CONSENT AGENDA a. Minutes from October 28, 2008 b. Resolution No. 08-48, Series of 2008, Resolution Establishing Procedures for Designating Authorized Volunteers of the Town of Avon (Patty McKenny, Director Administrative Services) Adoption of volunteer program procedures as recommended by CIRSA c. Change Order 002 — Town of Avon Recreation Center Remodel (Shane Pegram, Engineer II) Review of changes to complete remodel work 6. NEW BUSINESS a. Revisions of the Intergovernmental Agreement for Eagle County Animal Control Services (Greg Daly, Lieutenant) Review of reductions in animal control service due to personnel and budget shortfalls 7. ORDINANCES a. Public Hearing on Ordinance No. 08-10, Series of 2008, Second Reading, 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 b. Ordinance No. 08-11, Series of 2008, First Reading, An Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations, And Establish A Commercial Core For Increased Parking Fines (Greg Daly, Lieutenant) Parking ordinance revisions to designate a commercial core are in Avon with enhanced penalties 8. RESOLUTIONS a. Resolution 08-40, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.) (Shane Pegram, Engineer II) This Final Plat resubdivides Lot 37 into two distinct lots, 37A and 37B, and creates a common access easement Avon Council Meeting.08.11.11 Page 4 of 5 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 11, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD RESOLUTIONS CONTINUED: b. Resolution No. 08-38, Series of 2008, Resolution approving Town of Avon Public Employees Money Purchase Pension Plan Amendments (Scott Wright, Asst. Town Manager Finance) Revisions to plan in order to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 c. Resolution No. 08-39, Series of 2008, Resolution approving Town of Avon Police Officers Money Purchase Pension Plan Amendments (Scott Wright, Asst. Town Manager Finance) Revisions to plan in order to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 d. Resolution No. 08-41, Series of 2008, Resolution to amend the 2008 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) e. Resolution No. 08-42, Series of 2008, Resolution to amend the 2008 Town of Avon Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) f. Resolution No. 08-43, Series of 2008, Resolution to adopt the 2009 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) Resolution No. 08-44, Series of 2008, Resolution to accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2009 Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) h. Resolution No. 08-45, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the costs of government for the Town of Avon, Colorado, for the 2009 Budget Year (Scott Wright, Asst. Town Manager Finance) i. Resolution No. 08-46, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the Costs of government for the Avon Metropolitan District, Avon, Colorado, for the 2009 Budget Year (Scott Wright, Asst. Town Manager Finance) Resolution No. 08-47, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the Costs of government for the Town of Avon General Improvement District No. 1, Avon, Colorado, for the 2009 Budget Year (Scott Wright, Asst. Town Manager Finance) g. J• 9. UNFINISHED / OLD BUSINESS 10. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 11. OTHER BUSINESS a. Veterans Day Proclamation (Ron Wolfe, Mayor) 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA DATES & ITEMS: November 25, 2008: December 2, 2008: December 9, 2008: December 23, 2008: 16. ADJOURNMENT Cancelled meeting due to Holiday Rescheduled meeting from November to this date URA Meeting: Update on the Financial Modeling & Plan Liquor Authority Meeting: New hotel and restaurant liquor license application for Saltwater Cowboy, 48 E. Beaver Creek Blvd. Suite 105 Regular Meeting: Swear In Newly Elected Council Members Regularly scheduled meeting, Parks Master Plan Cancelled meeting due to Holiday Avon Council Meeting.08.11.11 Page 5 of 5 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 28, 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 5:55 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 Community Development Eric Heidemann, Police Chief Brian Kozak and Public Works and Transportation Director Jenny Strehler as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe made one addition to the agenda; to convene into an executive session to be held at the close of regular business for discussion related to negotiations with the Eagle River Water and Sanitation District. There were no conflicts of interest noted. COMMUNITY INPUT Tommy Schneider, Pastor Calvary Chapel, presented a preview of the Fall Family Fun Night to take place on Friday October 31, 2008. Chris Green, P&Z Member and Avon Resident, presented the American Institute of Architects Colorado West Chapter - Eagle River Valley Sustainable Design Team Assessment Program. He noted the study would be proposed for late September 2009, he outlined the study area as the Eagle River Valley, he identified the steering committee & other partners interested in participating in the program. A review was made of other regional studies and what areas of study were completed, i.e. transportation, land use, economic development, etc. In summary, it is an application that requires an outside review of the big pictures issues of sustainability challenges. Both a preliminary and final report will be presented to the communities. He noted that he was looking for: a letter of support, a financial partner on the project, support from Avon in assembling the application, follow up with the University of Colorado. Council then asked for copies of recommendations from the studies completed & what has been acted upon. Councilor Ferraro moved to approve a letter of support from the Town Council; Councilor Carroll seconded the motion was supported. Val Barry, Finance Officer, presented the 2009 Town of Avon Budget and Capital Improvement Project Budget and noted that a public hearing was required. She noted that the required public notices were made and copies of the documents were available with the town clerk. Larry Brooks, Town Manager, presented an update about Avon's budget in light of the current economy. Staff had recently revised budget estimates of approximately $800K reduction from the general fund, cash flow revisions were made to the capital projects budget, and numerous projects were deferred. In summary, he noted that almost $1M worth of reduction were made in revising Avon's financial plan. In addition, staff has been asked to continue to suggest an additional 5% and 10% reduction to department budgets. To date he noted that there have been an additional $538K in suggestions for reductions in the General Fund. If revenues are short, there will be recommendations made at the same time for further cuts. This has been noted for the public record. The town remains within its fund balance reserve ratios. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. CONSENT AGENDA Councilor Carroll asked about an update on the monies due from Beaver Creek Metro District as related to termination of operations of transit services by the town. Town Manager Brooks noted that after an audit of records and further discussion, the issues were likely to be resolved (including questions related to transit housing, coding of signs, and insurance coverage credits applied when the management of the system was ceased). Brook noted that less than $25K of reconciliations were in order at this time. He hoped that final payments would be made in the near future, estimated around $98K. Councilor Carroll noted that he hoped payment would be made prior to leasing the parking with them. Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to approve the consent; Councilor Ferraro seconded the motion and it passed unanimously. 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 ORDINANCES Eric Heidemann, Community Development, presented Ordinance No. 08-10, Series of 2008, Ordinance approving Memo of Understanding with NWCCOG for performing Elevator Inspections on first reading. He noted that the Agreement outlines the roles of each of the parties as related to the inspection of elevators within the Town of Avon. It was noted that since this is an IGA a 2/3 vote is required. Mayor Pro Tem Sipes noted that the state is doing something different that those services provided by NWCCOG. Willie Gray, Chief Building Official, presented information surrounding this topic, noting legislation adopted last year. He noted that through dialogue with the State & with NWCCOG, the state is acceptable to the services provided by NWCCOG. Councilor Underwood moved to approve Ordinance No. 08- 10, Series of 2008, Ordinance approving Memo of Understanding with NWCCOG for performing Elevator Inspections on first reading; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. RESOLUTIONS Shane Pegram, Engineer II, presented 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). He noted that the applicant Patrick and Laura Campbell have submitted a Final Plat to resubdivide Lot 30, Block 1, Wildridge into two distinct lots, Lot 30A and Lot 30B. Councilor Ferraro moved to approve esolution No. 08-37, Series of 2008, Resolution approving Final Plat, A Resubdivision of Lot 30, Block 1, Wildridge; Councilor Dantas seconded the motion and it passed unanimously. Councilor Dantas moved to convene into an Executive Session at 7 pm pursuant to C.R.S. 24- 6-402 (4) (e), for the purpose of determining and developing strategy for negotiations with Eagle River Water & Sanitation District. The Executive Session adjourned at 8 pm and the only matter discussed was that referenced above. Regular Council Meeting Page 2 of 3 08-10-28 There being no further business to come before the Council, the meeting was adjourned at 8 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 3 of 3 08-10-28 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Director Administrative Services Date: November 3, 2008 Re: Resolution No. 08-48 Approving Town of Avon Volunteer Program Summary: This Resolution formalizes the Town's Volunteer Program by outlining procedures for using and tracking volunteers for coverage in an accident medical coverage plan. Currently Recreation uses about 30 volunteers for special events and Police are using volunteers for administrative and chaplain assistance. Background: The Town's insurance carrier, CIRSA, provided the draft documents from its legal department in hopes that Avon would formally adopt the resolution which acknowledges its volunteer program. Tami Tanoue, CIRSA's General Counsel, has written a white paper about managing the risks of volunteers, in light of the fact that many local governments utilize them. Topics addressed included 1) Liability Issues & the "Governmental Immunity Act", 2) Insurance Issues, 3) Youthful Volunteers, 4) Compensating or rewarding the volunteer and 5) Municipal employees as municipal volunteers. A checklist for ensuring the town is in compliance with their suggestions has been created to assist staff in implementing its program; topics reviewed include the job descriptions, identification of supervisor, training, VAMP program, sign release of liability form, check age of volunteers, check driving records, ensure that volunteer is not already employed with town. Staff continues to try to enhance its risk management program by ensuring appropriate policies and procedures are adopted; consideration of this resolution by Council helps us achieves these goals. Discussion: The volunteer accident medical plan provides a limited about of medical and accidental death and dismemberment coverage for non -statutory volunteers who are not covered by the Colorado Workers Compensation Act and who do not receive monetary remuneration. Staff does ask that the volunteer sign a release / indemnification form at the time of engagement. Financial Implications: The town covers the premiums related to this coverage and it is based on the number of actual participation claims. Since I have been overseeing the risk management program, there have been no claims on volunteers. Town Manager Comments: Attachments: > Resolution No. 08-47 Establishing Procedures for Designating Authorized Volunteers of the Town of Avon > Release / Indemnification for Volunteer Activities TOWN OF AVON, COLORAOD RESOLUTION NO. 08-48 SERIES OF 2008 A RESOLUTION ESTABLISHING PROCEDURES FOR DESIGNATING AUTHORIZED VOLUNTEERS OF THE TOWN OF AVON WHEREAS, the Avon Town Council recognizes that volunteers are a valuable community resource, and that the services of volunteers provide a benefit to the Town; and WHEREAS, the Town desires to establish a procedure for designating authorized volunteers, in order to clarify the legal and insurance protections applicable to such volunteers; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT, Section 1. The Town of Avon shall maintain a written list of persons who are authorized to serve as Town volunteers, and shall maintain, in writing, a description of the responsibilities and functions to be performed for the benefit of the Town by each volunteer. Each Town Department Head shall be responsible for providing the town with an accurate and complete list of volunteers utilized by the department. Section 2. Each authorized volunteer shall be under the supervision and control of a Town Department Head or a Department Head's designee at all times while acting for the benefit of the Town. Section 3. Each person on the list referred to in Section 1 shall be considered an "authorized volunteer" of the Town within the meaning of the Governmental Immunity Act, C.R.S. §24-10-101 et seq., while actually engaged in the performance of the volunteer's functions, and shall be subject to the provisions of said Act for acts or omissions which occur during the performance of and within the scope of such functions, except for willful and wanton acts or omissions. Each person shall also be considered an "assured" within the meaning of the Town's liability coverages to the extent provided in such coverages. Section 4. Because no authorized volunteer shall receive any compensation from the Town, no such volunteer shall be considered an "employee" within the meaning of the Colorado Workers' Compensation Act, Articles 40 to 47 of Title 8, C.R.S. Section 5. Each authorized volunteer, shall be afforded volunteer accident medical coverage through CIRSA, and the Town shall pay the annual premium for such coverage. 1 ADOPTED this 11th day of November 2008 Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 2 VOLUNTEER ACTIVITIES RELEASE/INDEMNIFICATION - CITY/TOWN OF I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT: PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING In consideration for being permitted to perform the below -described volunteer activities for the City/Town of , I hereby acknowledge, represent, and agree as follows: A. I understand that said activities are or may be dangerous and do or may involve risks of injury, loss, or damage. I further acknowledge that such risks may include but not be limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circumstances connected with the use of the activities, including but not limited to the following risks [City/Town must revise this form to identify the specific activities and applicable risks below] : Activities to be performed: Risks of such activities include but are not limited to: (Participant initials here) (If Participant is under 18 years old, Parent initial here) B. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby expressly assume all such risks of injury, loss, or damage to me or to any third party arising out of or in any way related to the above -described activities, whether or not caused by the act, omission, negligence, or other fault of the City/Town, its officers, its employees, or by any other cause. (Participant initials here) (If Participant is under 18 years old, Parent initial here) 1 C. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I further hereby waive, and exempt, release, and discharge the City/Town, its officers, and its employees from, any and all claims, demands, and actions for such injury, loss, or damage, arising out of or in any way related to the above -described activities, whether or not caused by the act, omission, negligence, or other fault of the City/Town, its officers, its employees, or by any other cause, excepting only the willful and wanton conduct of the Town's officers or employees. (Participant initials here) (If Participant is under 18 years old, Parent initial here) D. I further agree to defend, indemnify and hold harmless the City/Town, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, including any third party claim asserted against the City/Town, its officers, employees, insurers, or self-insurance pool, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way related to the above - described activities, whether or not caused by my act, omission, negligence, or other fault, or by the act, omission, negligence, or other fault of the City/Town, its officers, its employees, or by any other cause, excepting only the willful and wanton conduct of the Town's officers or employees. (Participant initials here) (If Participant is under 18 years old, Parent initial here) E. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby acknowledge and agree that said AGREEMENT extends to all acts, omissions, negligence, or other fault of the City/Town, its officers, and/or its employees, and that said AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect. (Participant initials here) (If Participant is under 18 years old, Parent initial here) F. I understand and acknowledge that the City/Town, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this RELEASE AND INDEMNIFICATION 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, C.R.S. §24-10-101 et seq., as amended, or otherwise available to the City/Town, its officers, or its employees. (Participant initials here) (If Participant is under 18 years old, Parent initial here) 7 G. I understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and venue for any suit or cause of action under this Agreement shall lie in the courts of , Colorado. (Participant initials here) (If Participant is under 18 years old, Parent initial here) H. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the date set forth below and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees. (Participant initials here) (If Participant is under 18 years old, Parent initial here) II. PARTICIPANT SIGNATURE AND DATE: Participant - Print Name: Participant's Signature: Date of Signature: III. IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE: By initialing above and signing below, I acknowledge that I am the parent of the above -named Participant as the term "parent" is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive and release any prospective claim of the Participant against the City/Town, its officers, and its employees for negligence, to the extent provided in C.R.S. Section 13-22-107(3), in connection with the above -described activities. Parent - Print Name: Parent's Signature: _ Date of Signature: PREPARED NOVEMBER 8, 2004 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer Z - Shane Pegram, Engineer II Date: November 5, 2008 Re: Change Order 002 — Town of Avon Recreation Center Remodel Summary: Change Order 002 (Exhibit A) to the Avon Recreation Center Remodel Project is to reconcile as -built quantities and account for additional work required to complete the project. Staff recommends approval of Change Order 002 in the sum of $24,913. Previous Council Action: May 27, 2008 October 28, 2008 Town Council approved the construction contract with Mark Young Construction (MYC). Town Council approved Change Order 001 to increase the scope of work and include repairs to the existing patio. 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. The 1st floor lobby and child care remodel were completed on October 31, 2008 and the 2"d floor cardio/stretching and maintenance areas will be completed by November 7, 2008. Change Order 002 reconciles as -built quantities and accounts for additional work required to complete the project. The following table is a list of Change Order Requests (COR) from Mark Young Construction that have been reviewed by Town Staff and the Architect and determined to be necessary to complete the project. Detailed descriptions of each Change Oder Request can be found in Exhibit B. COR # Description Cost 1 Modify AA and BB light fixtures $0.00 2 Add Emergency Exit Sidewalk $1,405.00 3 Pool Patio approved under Change Order 001 N/A 4 Swap spiral duct instead of square duct $947.00 5 Add paint in hall and daycare, and change color of soffit $12,584.00 6 New recessed light fixtures to replace existing $2,384.00 7 Add extra Cubby Unit $1,480.00 8 Credit for 2nd level columns that did not require framing ($493.00) 9 Repair of Emergency Exit light, moving existing can light, and an additional 3 way switch $590.00 10 Add aluminum Metal flashing around pool windows $1,804.00 11 Relocating and changing to keyed switches and additional receptacles $975.00 12 Replace damaged patio drain $1,783.00 13 Steel angle above seven windows (Lintel) extended by welding additional plate in place $1,454.00 Total $24,913.00 1 Financial Implications: The current Project Budget for the Avon Recreation Center Remodel Project is $660,000. Change Order 002 is within the original contingency. Change Order 001, approved during the October 28, 2008 meeting, requires a budget amendment. 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 Change Order 002 $25,000 Total Budget $660,000 $677,000 Recommendation: Approve Change Order 002 to the contract with Mark Young Construction in the amount of $24,913. Proposed Motion: I move to approve Change Order 002 to the contract Mark Young Construction in the amount of $24,913. Town Manager pomments: NOTES: Exhibit A — Change Order 002 Exhibit B — Mark Young Construction Change Order Requests • Page 2 EXHIBIT A CHANGE ORDER Order No.: 002 Date: November 5, 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 002 reconciles as -built quantities and accounts for additional work required to complete the project. The following table is a list of Change Order Requests (COR) from Mark Young Construction that have been reviewed by Town Staff and the Architect and determined to be necessary to complete the project. COR # Description Cost 1 Modify AA and BB light fixtures $0.00 2 Add Emergency Exit Sidewalk $1,405.00 3 Pool Patio approved under Change Order 001 N/A 4 Swap spiral duct instead of square duct $947.00 5 Add paint in hall and daycare, and change color of soffit $12,584.00 6 New recessed light fixtures to replace existing $2,384.00 7 Add extra Cubby Unit $1,480.00 8 Credit for 2nd level columns that did not require framing ($493.00) 9 Repair of Emergency Exit light, moving existing can light, and an additional 3 way switch $590.00 10 Add aluminum Metal flashing around pool windows $1,804.00 11 Relocating and changing to keyed switches and additional receptacles $975.00 12 Replace damaged patio drain $1,783.00 13 Steel angle above seven windows (Lintel) extended by welding additional plate in place $1,454.00 Total $24,913.00 CO -1 ,3 Change to CONTRACT PRICE: $24,913 Original CONTRACT PRICE: $530,447 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $564,207 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $24,913 The new CONTRACT PRICE including this CHANGE ORDER will be $589,120 Change to CONTRACT TIME: N/A APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO -2 ti- EXHIBIT B MARK YOUNG CONSTRUCTION INCORPORATED Via Email: October 9, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, Suite 207 Avon, CO 81620 Project Title: Avon Recreation Center 325 Benchmark Road Avon, CO 81620 Project No. 08580 Subject: Exposed Spiral Duct Work Re: Change Order Request Number: COR No. 04 Gentlemen: This proposal is written in regards to changing the northwest exposed duct runs to spiral duct in lieu of square duct. The cost is solely for material. The total cost to incorporate this change is a scope increase to the contract of $947.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 04 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax. (303) 776-1729 MARK YOUNG CONSTRUCTION INCORPORATED Via Hand Delivery: October 14, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Additional Painting Prices Re: Change Order Request Number: COR No. 05 Gentlemen: This proposal is written in regards to additional painting and changing of paint colors for the Avon Recreation Center. This proposal includes cost for all labor, material, and equipment to: patch and paint on/around emergency exit 115, paint the hallway leading to locker rooms and by reception desk, paint the soffits in the first floor lounge area with different colors requiring additional masking and protection, paint the existing soffits, walls, and inside the children's bathroom in the daycare, and remove and replace all items on the walls in the kitchenette and children's bathroom. The total cost to incorporate this change is a scope increase to the contract of $13,142. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 05 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 MARK YOUNG CONSTRUCTION INCORPORATED Via Hand Delivery: October 14, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Lighting Fixtures Re: Change Order Request Number: COR No. 06 Gentlemen: This proposal is written in regards to the installation of 4 new 70 -watt fixtures in the soffit, on the second floor, on gridline "L", between lines 3 and 4. This proposal also includes the cost to install 2 additional "C" fixtures in the first floor lobby entry area also. The total cost to incorporate this change is a scope increase to the contract of $2,384.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 06 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 1 MARK YOUNG Id CONSTRUCTION INCORPORATED Via E-mail: November 5, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Additional Cubby Unit Re: Change Order Request Number: COR No. 07 Gentlemen: This proposal is written in regards to the request for a new cubby unit to replace the older unit. The older unit, that was to be relocated and reused, was deemed to be in poor condition, not suitable for future use in the Avon Recreation Center. The proposal from Wood Masters Enterprises incorporates all labor, material, and equipment needed to furnish the extra cubby. The total cost to incorporate this change is a scope increase to the contract of $1,480.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 07 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 -8 MARK YOUNG lYI CONSTRUCTION INCORPORATED Via E-mail: November 5, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Credit for Columns Re: Change Order Request Number: COR No. 08 Gentlemen: This proposal is written in regards to the credit for the drywall columns on the second floor at gridlines L/4, 5, and 6 that where eliminated. The price for this credit includes all labor, material, and equipment for metal stud framing, sheetrock, and finishing. It also includes a price for the paint that would have been on the columns. The total cost to incorporate this change is a scope decrease to the contract of $493.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 08 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 MARK YOUNG CONSTRUCTION INCORPORATED Via E-mail: October 28, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81.620 Project Title: Avon Recreation Center Project No. 08580 Subject: Electrical Change Order Request Re: Change Order Request Number: COR No. 09 Gentlemen: This proposal is written in regards to the request for work description number 1 thru 3 on the EFT Electric Change Order. This includes repairing the exit light at front entrance of lobby, relocating the 70 -watt metal halide recessed can light on 2M floor due to new office wall location, and the installation of a new 3 -way switch in storage room near daycare. Mark Young Construction, Inc. will be covering the cost of work description number 4, repairing conduits damaged due to new building steel for second floor. The total cost to incorporate this change is a scope increase to the contract of $590.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, offy.4.31.4sek Ryan Salber Project Engineer Attachments: COR No. 09 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 /0 MARK YOUNG lYI CONSTRUCTION INCORPORATED Via E-mail: November 5, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Break metal at 7 new windows Re: Change Order Request Number: COR No. 10 Gentlemen: This proposal is written in regards to the aluminum break metal located along column line L at each of the 7 new windows overlooking the pool. Due to the existing CMU wall not being strait or true, and that the existing air gap between the 6" stud wall and the CMU was greater than the plans detailed, Mark Young Construction, Inc. was instructed to install the aluminum break metal around the new windows . The total cost to incorporate this change is a scope increase to the contract of $1,804.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 10 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 I/ MARK YOUNG Ed CONSTRUCTION INCORPORATED Via E-mail: November 5, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Additional Switches and Receptacles Re: Change Order Request Number: COR No. 11 Gentlemen: This proposal is written in regards to the request for work as per Shane Pegram. The main lobby switches where relocated from inside office #113 to corridor #109 with keyed switches. Additionally, 5 extra receptacles where added for televisions. The total cost to incorporate this change is a scope increase to the contract of $975.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 11 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 GENERAL CONTRACTOR REFRIGERATION CONCRETE Sent Via E -Mail November 3, 2008 Mr. Shane Pegram RE: COR # 12 -After further investigation of the 2 4" drain lines located at the pool canopy, both drains were split from top to bottom and required repairs. Enclosed you will find additional backup for the removal and replacement of the two 4" roof drains per your request. PROPOSAL This COR is offered per the enclosed backup in the amount of $ 1,783.00 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 08580-F-1.2 '3 MARK YOUNG CONSTRUCTION INCORPORATED Via E-mail: November 5, 2008 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 East Beaver Creek Blvd, #207 Avon, CO 81620 Project Title: Avon Recreation Center Project No. 08580 Subject: Lintel Extend Re: Change Order Request Number: COR No. 13 Gentlemen: This proposal is written in regards to the additional 3/8" plate and the welders cost to weld the plate to the lintels at the 7 new window opening along column line L. Since the structural tube steel that the lintel attached to along column line L was installed per construction documents and the air gap between the existing 6" metal stud wall was greater than anticipated, this required the extra 3/8" plate to be added to satisfy the bearing requirements. The total cost to incorporate this change is a scope increase to the contract of $1,454.00. If you should have any questions and/or concerns, please contact the undersigned at your earliest convenience. Sincerely, Ryan Salber Project Engineer Attachments: COR No. 13 cc: 08580.F-1.2 Julie Gibson Owner response - please sign as appropriate: Approved - Proceed as submitted Rejected - Do not proceed, provide comments Other - Do not proceed, provide comments 7200 Miller Place * Frederick, CO 80504 * (303) 776-1449 * Fax (303) 776-1729 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: November 3, 2008 Re: Revision of the Intergovernmental Agreement for Animal Control Service Summary: The Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control to continue to serve the Town of Avon. Previous Council Action: The council previously approved an IGA with Eagle County. However, the County is requesting to slightly change the agreement. Background: This IGA will cause Animal Services to reduce patrol time from 32 hours a month to 20 hours a month due to personnel and budget shortfalls. The County will still provide the levels of service, as listed below. Discussion: Under the IGA the County will provide the following to the Town of Avon: • Minimum of 20 hours of patrol per month. • Twenty-four Hours per day emergency on call service. • Animal shelter service. • Investigation and reporting of animal bite situations. • Enforcement of the leash law by citing violators into the Municipal Court. Financial Implications: The contract will cost the Town of Avon $1,512.00 per month, which has not changed from the previous IGA. This amount has already been budgeted for 2009 and will be paid on a monthly basis, allowing the Town to cancel the agreement if necessary. Recommendation: It is recommended that the attached IGA with Eagle County for animal control service be approved at this time. The Police Department is evaluating the possibility of entering into an agreement for reduced service once the Police Service Officer is operational. Alternatives: If the IGA is not approved the Avon Police Department will be required to provide limited service to the community. Town Manager Comments: INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 2008 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 30-11-101, as amended. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by the County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Services within the Town of Avon The County shall provide: A) A minimum of 20 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. The patrols shall be performed on a daily basis throughout the month. The scope of these patrols is to be designed to produce voluntary compliance and uniform administration of the Pet Animal regulations. B) Twenty-four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service Officer is not immediately available to respond to an incident or emergency, the Town of Avon will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Service Officer arrives to resolve said incident. F) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Avon agrees to pay the County, monthly, the sum of $1,512.00 based on estimated patrols and on estimated annual sheltering requirements. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Avon, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Avon, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3, above, and except for employees of the operator of the Shelter. SECTION 8. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 2009 and shall end on the 31st day of December 2009. The parties will meet in August of 2008, to review this agreement prior to extending this agreement, modifying the agreement, or to terminate the agreement. The agreement shall run yearly from January 1, to December 31, each year, with a review by each parties in August of that year. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Town of Avon, Chief of Police PO Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Peter F. Runyon, Chairman County Commissioners ATTEST: TOWN OF AVON By: Town Clerk Mayor c\animal\Eagle.con Memo COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development Date: November 11th, 2008 Meeting Re: Second Reading of Ordinance No. 08-10, an ordinance entering into a Memorandum of Agreement with NWCCOG for the purpose of performing elevator inspections (Public Hearing) Summary: Attached to this memo is an ordinance for consideration upon second 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. The First Reading of Ordinance No. 08-10 was unanimously approved on October 23rd. Recommendation: Staff recommends the Town Council approve on Second Reading Ordinance No. 08-10 as written and attached to this memorandum. Proposed Motion: "I move to approve Ordinance No. 08-10 on Second Reading." Town Manager Comments: Attachments: 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 (OPS) 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.DOCi 2) HEART of the \ALLEY Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Dare November 5, 2008 COLORADON Re: AN ORDINANCE AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO ENACT A SCHEDULE OF FINES FOR PARKING VIOLATIONS, ENACT AUTHORITY TO BOOT AND IMPOUND VEHICLES WITH PARKING VIOLATIONS, AND ESTABLISH A COMMERCIAL CORE FOR INCREASED PARKING FINES Introduction and Background: Ordinance 08-11 amends Title 10 of the Avon Municipal Code. The Town desires to establish an ordinance regulating parking to prevent congestion, allow for emergency vehicle access and allow commercial operations. Thus, there is a desire to establish a commercial core, where penalty assessments for parking violations are increased. In addition, the ordinance specifies enhanced penalties for non payment of parking citations in an effort to increase voluntary payment. Discussion: Approval of the Ordinance No 08-11 will clean up Chapter 10 and cause the following: • Establish a minimum penalty assessment of $15 for parking violations. • Establish a minimum penalty assessment of $35 for violations occurring in a designated commercial core, to deter long-term and skier parking. • Establish a $35 late fee for violations that are not paid in twenty (20) days after the date of the issuance of the citation, to increase voluntary payment. • Establish an additional $50 default judgment fee if the violation is not paid within sixty (60) days, to recover the cost of fine management and collection. Prior to this fee being assessed the Court will send a warning letter to the registered vehicle owner. • Establish a procedure to require the Court to notify the registered vehicle owner of default judgments. • Establish a procedure for parking violation hearings, if requested by the defendant. • Allow the Police Department to tow or boot repeat violators who have two (2) or more outstanding and unpaid violations. • Allow the Police Department to recover the cost of booting a vehicle, which is designated at $75. • Allow the Court to designate a commercial core area • Establish guidelines for issuing of parking citations • Permit the Court to collect a $10 fee from a property owner who requests that a parking citation be issued and then later dismissed. • Clean up the chapter by placing all penalty requirements into one section. Recommendation: Staff recommends adoption of Ordinance 08-11 as written. Recommended Motion: I move to adopt Ordinance 08-11, an ordinance amending Title 10 of the Avon Municipal Code. Town Manager Comments: Attachments: Exhibit A: Ordinance No 08-11 Exhibit B: Map of the commercial core area TOWN OF AVON, COLORADO ORDINANCE NO. 08-11 SERIES OF 2008 AN ORDINANCE AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO ENACT A SCHEDULE OF FINES FOR PARKING VIOLATIONS, ENACT AUTHORITY TO BOOT AND IMPOUND VEHICLES WITH PARKING VIOLATIONS, AND ESTABLISH A COMMERCIAL CORE FOR INCREASED PARKING FINES WHEREAS, pursuant to § 31-15-103, et. seq., C.R.S., and the home rule powers of the Town of Avon (the "Town"), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare; and WHEREAS, pursuant to § 31-15-702(1)(a)(VII), et. seq., C.R.S., and the home rule powers of the Town, the Town Council has the authority to regulate traffic upon the streets within the Town; and WHEREAS, the Town has previously adopted Title 10 of the Municipal Code for the Town of Avon (the "Code") concerning the regulation of vehicles and traffic; and WHEREAS, the Town Council desires to designate a commercial core ("Commercial Core") as the area of town where significant commercial activity occurs; and WHEREAS, the Town Council finds that vehicles parked in violation of official posted signs providing notice of stopping or standing restrictions or prohibitions potentially endanger the safety of citizens and impede the efficient movement of traffic; and WHEREAS, the Town Council recognizes that the Commercial Core area of Avon have more vehicle traffic and that illegally parked vehicles increase congestion, interfere with commercial activity, inhibit emergency vehicle access, impede pedestrian movement and have a greater negative impact to public and safety and economic health of the community; and WHEREAS, such illegally parked vehicles also cause or risk causing a negative impact on the commercial operations of the Commercial Core; and WHEREAS, the Town Council desires to proscribe the negative effects of illegally parked vehicles within the Town by establishing penalty assessments for parking violations; and WHEREAS, the Town Council desires to proscribe the negative or potentially negative impacts of illegally parked vehicles on the commercial operations of the Commercial Core by the imposition of increased penalty assessments for parking violations within the Commercial Core; and WHEREAS, the Town Council desires to amend Title 10 of the Code by defining the Town's Commercial Core and by establishing penalty assessments for parking violations; and WHEREAS, the Town Council finds that the passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Repealed and Reenacted. Chapter 10.04.040 of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.04.040 Violation — penalty. The following penalties shall apply to this Title 10: (1) It is unlawful for any person to violate any provision adopted in Title 10 of the Municipal Code for the Town of Avon. (2) Any person violating any provision of this Title 10 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06, or where punishment by a fine is not set forth in Chapter 10.06, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished in accordance with the provisions of Section 1.08.010 of this Code. (3) The Municipal Court reserves the authority to order a schedule of fines in accordance with Colorado Municipal Court Rules of Procedure Rule 210(b)(5) provided that such schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06. (4) In the event that a Complaint is signed by the owner, tenant or person in possession of the private parking lot or property under Section 10.04.060 and then such person subsequently withdraws the Complaint, the Municipal Court may charge a ten dollar ($10.00) fee. Section 2. Enacted. Chapter 10.06 of the Municipal Code for the Town of Avon is hereby enacted to read as follows: Chapter 10.06 Fines for Violations 10.06.010 Schedule of fines. (a) The fines listed in the following schedule are the minimum fines that may be imposed for violations of the Sections of the Avon Municipal Code or Adopted Model Traffic Code for Colorado Municipalities listed therein. Any vehicle parked in violation of a Town ordinance or other provision of this Code other than those in the following schedule shall cause the person or persons liable for the Page 2 of 9 Ord. No. 08-11 Revision Parking Violations violation to be assessed a minimum fine of fifteen dollars ($15.00). (b) Schedule of fines if paid by twenty (20) days after the date of issuance of the citation: Code Description Sanction Unlawful parking on private parking lots; violation of 10.04.060 posted signs (anywhere in Town) $35 Unlawful parking in restricted 10.08.020 use area (anywhere in Town) $35 Emergency lane parking 10.12.060 (anywhere in Town) $35 MTC Parking on the main -traveled 1202 portion of the roadway Or (non -Commercial Core area) $15 10.14.010 (Commercial Core) $35 Stopping, Standing, or Parking MTC prohibited in specified places. 1204 (non -Commercial Core area) $15 (Commercial Core) $35 Where permitted, parking with right-hand wheels in excess of MTC 12 inches from curb 1205 (non -Commercial Core area) $15 (Commercial Core) $35 MTC 1208 Or Disabled Parking 10.16.010 (anywhere in Town) $80 10.06.020 Automatic fine increase. The amount of a fine set forth in 10.06.10 (b) shall automatically increase by thirty-five dollars ($35.00) if not paid by twenty (20) days after the date of the issuance of the citation. The date of payment for this Section 10.06.020 shall be the date the payment is delivered to the Municipal Court or, if mailed, the date the payment is postmarked if properly addressed to the Municipal Court. Page 3 of 9 Ord. No. 08-11 Revision Parking Violations 10.06.030 Default judgment; Fee. If the fine has not been paid by sixty (60) days after the date of the issuance of the citation and the defendant has not requested a court hearing on the citation, a default judgment shall be automatically entered and a fee of fifty dollars ($50.00) shall be added to the fine amount. The date of payment for this Section 10.06.030 shall be the date that payment is actually received by the Municipal Court. 10.06.040 Mailed notice of default judgment. The Town shall send a mailed notice of the entry of a default judgment for the parking citation to the registered owner of the vehicle within five (5) business days of the entry of the default judgment. The Town's failure to provide such notice shall not render the Town liable for booting, towing or impounding vehicles for outstanding and unpaid parking citations in accordance with the provisions of Chapter 10.10. 10.06.50 Calculation of time. If the last day is a Saturday, Sunday or Legal Holiday, then the applicable day shall the next day that is not a Saturday, Sunday, or Legal Holiday. Section 3. Repealed and Reenacted. Chapter 10.08.080 Violation — penalty of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.08.080 Violation — penalty. Any person violating any provision of this Chapter 10.08 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06 and shall also be subject to restitution for any property damage resulting from violation of this Chapter. Section 4. Enacted. Chapter 10.10 of the Municipal Code for the Town of Avon is hereby enacted to read as follows: Chapter 10.10 General Parking Regulations 10.10.010 Parking Violation Notice; Issuance. (a) A copy of the citation for unlawful parking need not be personally served upon the owner or operator of the vehicle but may be served by attaching a copy of such notice or citation to the vehicle. Citations may be issued by Police Officers, a municipally hired police parking monitor or authorized private contractor approved by the Chief of Police. Page 4 of 9 Ord. No. 08-11 Revision Parking Violations (b) The citation shall include the date, time, and location of the violation; the state license number of the vehicle unlawfully parked; reference to the Town ordinance or Code provision violated; a notice that (1) within twenty (20) calendar days after the date that the citation is issued the stated fine for the violation must be paid and received by the Town, (2) the fine amount shall automatically increase in accordance with 10.06.020 after twenty (20) calendar days, and (3) a request made for a hearing to the contest the alleged violation must be made and received by the Town by thirty (30) days after the date of the citation. (c) The citation, or copy thereof, shall constitute prima facie evidence of the parking infraction. (d) The Town may contract with a private person or entity for the collection of civil judgments in parking cases. 10.10.020 Request for hearing. The person or persons liable for the parking violation may request a hearing for consideration of the citation by one of the following methods: (a) By contacting the Town in person, by representation, by telephone, or by mail, within the thirty (30) calendar day period from the date on which the citation was issued and requesting a hearing to contest the alleged violation. A request for a hearing will be considered received by the Town if it is actually received by the Municipal Court within thirty (30) calendar days after the date the citation was issued. A request for a hearing made by telephone will be considered received the day it is made if it is received by a Municipal Court employee between the hours of eight (8:00) A.M. and five (5:00) P.M. of any day, except on Saturday, Sunday, or a Town holiday. (b) By appearing in person at the Municipal Court within the thirty (30) calendar day period from the date on which the citation was issued and requesting an initial appearance before a Hearing Officer to explain the circumstances of the alleged violation. 10.10.030 Parking citation hearing. (a) A civil traffic hearing for a parking violation may be heard by a civil traffic Hearing Officer pursuant to applicable State statutes and the Colorado Supreme Court Rules of Procedure in Traffic Violation Cases. The Hearing Officer may make such orders as may be necessary and proper to dispose of such cases, include reduction or increase of fine amounts notwithstanding the schedule of fines set forth in Chapter 10.06. (b) The Hearing Officer at the initial appearance may accept the defendant's explanation and dismiss the citation or the Hearing Officer shall inform the Page 5 of 9 Ord. No. 08-11 Revision Parking Violations defendant that the fine must be paid or a request must be made for a civil traffic hearing to contest the alleged violation. (c) Failure to request a civil traffic hearing for a parking violation will result in a default judgment for the amount of the civil sanction. 10.10.040 Booting, towing and impoundment of vehicles for outstanding citations. (a) Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or upon any place within this municipality in violation of the provisions of this Chapter, the Town may cause a boot to be placed upon the vehicle or may cause the vehicle to be towed and impounded if the registered owner of the vehicle has two (2) or more outstanding parking citations that have gone unpaid and have resulted in default judgments. (b) The Town shall cause the boot to be released upon payment of the outstanding parking citations and fees in addition to a seventy-five dollar ($75.00) booting charge. (c) If the boot is not released within 72 hours (which does not include the day the vehicle was booted, nor weekends or holidays), the officer shall require the vehicle to be removed or cause it to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this municipality in accordance with the impoundment provisions of Chapter 10.14. (d) The vehicle shall be released to the registered owner upon payment of the outstanding parking citations and the charges for towing and storage of the vehicle in addition to any impoundment charges. (e) Impoundment of vehicles for unpaid parking citation default judgments shall be in accordance with the authority and procedures for impoundment, notice and sale set forth in Chapter 10.14 Parking and Impoundment. 10.10.050 Commercial Core The Commercial Core of the Town of Avon shall include the streets, right-of- ways and areas of Town as approved by the Municipal Court by published order and prominently posted in a place where fines are to be paid. The Commercial Core area may be amended from time to time by the Municipal Court. Section 5. Repealed and Reenacted. Chapter 10.12.060(b) of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: Page 6 of 9 Ord. No. 08-11 Revision Parking Violations (b) Any person violating any provision of this Chapter 10.12 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 6. Enacted. Chapter 10.14 of the Municipal Code for the Town of Avon is hereby amended to enact Section 10.14.025 to read as follows: 10.14.25 Violation — penalty. Any person violating any provision of this Chapter 10.14 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 7. Repealed and Reenacted. Chapter 10.16.020 Violation - penalty of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.16.020 Violation — penalty. Any person violating any provision of this Chapter 10.16 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. Section 9. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 10. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and Page 7 of 9 Ord. No. 08-11 Revision Parking Violations welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any court or administrative tribunal. Section 13. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder ofpage intentional left blank - signature page follows] Page 8 of 9 Ord. No. 08-11 Revision Parking Violations INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the day of , 2008, at the Council Chambers of the Avon Municipal Building, located at 400 Benchmark Road, Avon, Colorado, on the 1 lth day of November, 2008. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the _ day of , 2008. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 9 of 9 Ord. No. 08-11 Revision Parking Violations Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer 41kft- Shane Pegram, Engineer II Date: November 4, 2008 Re: Resolution No. 08-40, Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.) Summary: The applicants, Sherman and Howard, LLC, representing Thomas and Hazel Nawojczyk, owners of a duplex structure at 228 West Beaver Creek Blvd., have submitted a Final Plat to resubdivide Lot 37, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 37, Block 2, Benchmark at Beaver Creek into two distinct lots, Lot 37A and Lot 37B, and creates a common access easement. The Final Plat and 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 08-40 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. 08-40, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-40, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attachments: Exhibit A Resolution 08-40, Series of 2008 Exhibit B Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado EXHIBIT A TOWN OF AVON RESOLUTION NO. 08 - 40 Series of 2008 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 37, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO.4, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Sherman & Howard, LLC, representing Thomas and Hazel Nawojczyk, have submitted a Final Plat for a Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, located at 228 West Beaver Creek Blvd.; 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 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, 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 EXHIBIT B 11/5/2008 8:47:03 AM LOT .O LOT 42 LOT .D LOT SIAMWRY LOT J7 -A 4700 SQUARE FEET QUO AQ4ES 1/? DUPLEX LOT J7-8 4100 SQUAD FEET QM AIRES 1/? DUPLEX IUDL` bombe to Gast& be /a awl astwws by bpd aces, hard qs s r IMO b Mb army see lea• saw albs- pr IN Isar AA dabA b ao swat ace•' acv AAA and tom ow load h Mb army o aasnsaad aaw ea as, biro ION M. alb d.malataa ebb Mama FINAL PLAT, A RESUBDII/iSION OF LOT 37, BLOCK 2 BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4 TOWN OF AVON, EAGLE COUNTY, COLORADO EDP` I.) BE PURPOSE OF Tl/S PLAT IS TO SLBLIACC LOT 37 NT0 TND LOTS KNOW AS LOTS 37-A AND 37-8 AND 70 MATE liE EASEMENTS SHOWY AND DESCRIBED SERER P) mew PARC S ARE SLBECT 70 OE PARTY MILL AND DUPLEX DECLARATION ASSOC' T AS RECORDED N liE 07710E OF INC CLERIC AND RECORDER OF EAGLE C7LN7Y, COLORADO NE _ DA Y OF 2008 AT RECEPTION NO d) THOMAS NANWdM NO HAM. 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Ora sod Rummer it i Mai ,Aw Roarowlisl bar AM*taa lb. AO Mt d Pow —• I I 1491 ii Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Director Date: November 6, 2008 Re: Town of Avon Public and Police Employees Pension Plans Summary: In September, the retirement boards of both the Public Employees Pension Plan and the Police Employees Pension Plan met with representatives from our plan administrator, Wells Fargo Bank Institutional Trust Services. The purpose of this meeting was to review changes to our plan documents that are required pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001, as well as other changes in laws that affect qualified plans. Both retirement boards voted unanimously to approve these changes. All governmental plans must be amended and submitted to the Internal Revenue Service for approval on or before January 1, 2009. An explanation of the various changes has been provided as an attachment to this memo. Financial Implications: There are no financial implications to these changes to either current participants or to the Town as sponsor of the plans. Recommendation: We recommend approval of Resolutions No. 08-38 and 08-39 adopting and restating the plan documents for the Town of Avon Public Employees Money Purchase Pension Plan and the Town of Avon Police Employees Money Purchase Pension Plan. Town Manager Comments: Page 1 Attachments: A — Explanation of Amendments B — Resolution No. 08-38 B — Plan Document Public Employees MPPP — Black lined C — Plan Document Public Employees MPPP - Final D — Resolution No. 08-39 E — Plan Document Police Employees MPPP — Black lined F — Plan Document Police Employees MPPP - Final • Page 2 EXPLANATION OF AMENDMENTS TO THE TOWN OF AVON PUBLIC EMPLOYEES AND POLICE OFFICERS MONEY PURCHASE PENSION PLANS The Money Purchase Pension Plans for the Town of Avon Public Employees and the Police Officers have been amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 (known as "EGTRRA"), as well as several other changes in the laws that impact qualified plans. All plans for Governments must be amended and submitted to the Internal Revenue Service for approval on or before January 31, 2009. An explanation of the amended provisions follows. Plan Amendments Required by Law Article I. Definitions: Section 1.7 Compensation: At the request of the Town, the Compensation definition was amended to eliminate the definition of overtime as "hours in excess of 40 per week paid at either straight -time or at time -and -one-half." In addition, effective as of January 1, 1998, Compensation includes elective amounts that are not included in gross income because they are a "qualified transportation fringe." Section 1.16 Life Expectancy: The definition was changed to comply with the Required Minimum Distribution provisions that amended as a result of new regulations issued in 2002 in connection with EGTRRA.. Article VI. Eligibility for Benefits: Section 6.3 Death: Subsections (a) Before Termination of Employment, (b) After Termination of Employment and (i), (ii) and (Ii) under subsection (c) Recipient of Payment After Death were all deleted from Article VI and are replaced in Article XV. Article VII. Payments: Section 7.3 Minimum Distribution: Was amended to reference Code section 401(a)(9) and the added language in Article XV as required by EGTRRA. Section 7.4 Direct Rollover: Subsection (a) Eligible Rollover Distribution was amended to add language relating to the distribution and rollover of Employee after-tax contributions made after December 31, 2007 to comply with current rollover rules. Article IX. Limitations On Allocations: Section 9.2 Disposition of Excess Annual Additions: Under current regulations, this section is not necessary and was removed in its entirety. Article XII. Participant Loans: Section 12.10 Special Provisions During Qualified Military Leave: This section was added to bring the plan into compliance with current military leave requirements relating to outstanding participant loans. This provision was added as a result of the Service members Civil Relief Act of 2003 (SCRA). Article XV. Minimum Distribution Requirements: This new article was added to the plan referencing the age 701/2 required minimum distributions, surviving spouse, beneficiary and non -beneficiary distribution rules required by IRS Code section 401(a)(9). Optional Plan Amendments Article VII. Payments: Section 7.5 Mandatory Distributions: This optional section allows the Employer to make a mandatory distribution of a Participant's vested account balance which is valued at $5,000 or less at the time of termination. Balances between $1,000 and $5,000 will be paid to a Wells Fargo IRA in the Participant's name. Balances of $1,000 or less will be paid to the participant in cash. This provision applies only to terminated participants that do not provide a distribution election to plan administrator. This provision will also ease the fiduciary responsibility of administering small terminated participant balances. Sections 7.6 (b) In -Service Withdrawals: This optional section allows an active employee to taking an in-service (while still employed by the Town) distribution from the plan. Public employee will be eligible beginning at age 62 and Police employees at age 55. Section 7.7 Distribution to IRA of Nonspouse Beneficiary: This optional section allows a nonspouse beneficiary (children, parents, etc.) the option of rolling their balance to an IRA. This provision became available under the Protection Act of 2006. EXPLANATION OF AMENDMENTS TO THE TOWN OF AVON PUBLIC EMPLOYEES AND POLICE OFFICERS MONEY PURCHASE PENSION PLANS The Money Purchase Pension Plans for the Town of Avon Public Employees and the Police Officers have been amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 (known as "EGTRRA"), as well as several other changes in the laws that impact qualified plans. All plans for Governments must be amended and submitted to the Internal Revenue Service for approval on or before January 31, 2009. An explanation of the amended provisions follows. Plan Amendments Required by Law Article I. Definitions: Section 1.7 Compensation: At the request of the Town, the Compensation definition was amended to eliminate the definition of overtime as "hours in excess of 40 per week paid at either straight -time or at time -and -one-half." In addition, effective as of January 1, 1998, Compensation includes elective amounts that are not included in gross income because they are a "qualified transportation fringe." Section 1.16 Life Expectancy: The definition was changed to comply with the Required Minimum Distribution provisions that amended as a result of new regulations issued in 2002 in connection with EGTRRA.. Article VI. Eligibility for Benefits: Section 6.3 Death: Subsections (a) Before Termination of Employment, (b) After Termination of Employment and (i), (ii) and (Ii) under subsection (c) Recipient of Payment After Death were all deleted from Article VI and are replaced in Article XV. Article VII. Payments: Section 7.3 Minimum Distribution: Was amended to reference Code section 401(a)(9) and the added language in Article XV as required by EGTRRA. Section 7.4 Direct Rollover: Subsection (a) Eligible Rollover Distribution was amended to add language relating to the distribution and rollover of Employee after-tax contributions made after December 31, 2007 to comply with current rollover rules. Article IX. Limitations On Allocations: Section 9.2 Disposition of Excess Annual Additions: Under current regulations, this section is not necessary and was removed in its entirety. Article XII. Participant Loans: Section 12.10 Special Provisions During Qualified Military Leave: This section was added to bring the plan into compliance with current military leave requirements relating to outstanding participant loans. This provision was added as a result of the Service members Civil Relief Act of 2003 (SCRA). Article XV. Minimum Distribution Requirements: This new article was added to the plan referencing the age 70'/2 required minimum distributions, surviving spouse, beneficiary and non -beneficiary distribution rules required by IRS Code section 401(a)(9). Optional Plan Amendments Article VII. Payments: Section 7.5 Mandatory Distributions: This optional section allows the Employer to make a mandatory distribution of a Participant's vested account balance which is valued at $5,000 or less at the time of termination. Balances between $1,000 and $5,000 will be paid to a Wells Fargo IRA in the Participant's name. Balances of $1,000 or less will be paid to the participant in cash. This provision applies only to terminated participants that do not provide a distribution election to plan administrator. This provision will also ease the fiduciary responsibility of administering small terminated participant balances. Sections 7.6 (b) In -Service Withdrawals: This optional section allows an active employee to taking an in-service (while still employed by the Town) distribution from the plan. Public employee will be eligible beginning at age 62 and Police employees at age 55. Section 7.7 Distribution to IRA of Nonspouse Beneficiary: This optional section allows a nonspouse beneficiary (children, parents, etc.) the option of rolling their balance to an IRA. This provision became available under the Protection Act of 2006. RESOLUTION NO. 08-38 SERIES OF 2008 A RESOLUTION ADOPTING A RESTATED AND AMENDED PLAN DOCUMENT FOR THE TOWN OF AVON PUBLIC EMPLOYEES MONEY PURCHASE PENSION PLAN WHEREAS, the Town of Avon maintains a defined contribution retirement plan for certain eligible employees, called the Town of Avon Public Employees Money Purchase Pension Plan ("the Plan"); and WHEREAS, the Town of Avon wishes to restate the Plan to include various changes required or permitted by applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the Plan is restated in the form of the attached document. Section 2. That the Finance Director, as Chairperson of the Board of Retirement, is hereby authorized to execute the Plan. ADOPTED this 11th day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk RESOLUTION NO. 08-39 SERIES OF 2008 A RESOLUTION ADOPTING A RESTATED AND AMENDED PLAN DOCUMENT FOR THE TOWN OF AVON POLICE EMPLOYEES MONEY PURCHASE PENSION PLAN WHEREAS, the Town of Avon maintains a defined contribution retirement plan for certain eligible employees, called the Town of Avon Police Employees Money Purchase Pension Plan ("the Plan"); and WHEREAS, the Town of Avon wishes to restate the Plan to include various changes required or permitted by applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the Plan is restated in the form of the attached document. Section 2. That the Finance Director, as Chairperson of the Board of Retirement, is hereby authorized to execute the Plan. ADOPTED this 11th day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: November 6, 2008 Re: 2009 Capital Project Fund Budget Adoption and Acceptance of Long-range Capital Program Summary: The Town's final revised Capital Projects Fund budget for 2008 and the proposed 2009 Capital Projects Fund budget is hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5 -year plan), Previous Council Action: Concurrently with the presentation of the Town's operating budgets, the Town Manager presented his recommended Capital Projects Fund budget at the Council budget retreat held on October 7th and 8h. A public hearing was held on October 28t. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Town Manager Comments: Attachments: A — Resolution 08-42 B — Resolution 08-44 C — Capital Projects Fund Summary D — Long-range Capital Program (5 -year Plan) Page 1 RESOLUTION NO. 08-42 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2008 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008 AND ENDING ON THE LAST DAY OF DECEMBER, 2008 WHEREAS, the Town Council of the Town of Avon has adopted the 2008 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,693,875 $ 6,693,875 4,914,448 4,840,476 7,045,334 6,400,334 Ending Fund Balance $ 4,562,989 $ 5,134,017 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 11 t" day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk 2 RESOLUTION NO. 08-44 SERIES OF 2008 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2009 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2009 AND ENDING ON THE LAST DAY OF DECEMBER, 2009 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on October 28, 2008, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2009: 1 Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2009 Proposed Budget $ 5,134,017 5,943,017 6,825,964 Ending Fund Balance $ 4,251,070 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11 `h day of November, 2008. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 2 MUNICIPAL SERVICES Capital Projects Fund #41 Fund Summary REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Operating Transfer In from Water Fund TOTAL REVENUES EXPENDITURES Capital Improvements: Facilities Land and Land Improvements Roads and Streets Utilities Recreation Water Fund Projects Strategic Planning Communications and Technology Other Rebates and Capital Contributions Total Capital Improvements Other Uses Operating Transfer -Out - General Fund Operating Transfer -Out - URA Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCE, Beginning of Year FUND BALANCE, End of Year Actual 2007 Original or Prey. Amend. Budget 2008 Final Revised Budget 2008 Proposed Budget 2009 $ 2,540,943 2,526,778 469,792 1,363,265 $ 4,030,067 $ 205,311 250,000 49,070 4,030,067 $ 3,745,098 205,311 1,248,690 250,000 128,350 275,098 1,500 6,900,778 4,534,448 4,760,476 5,123,638 48,168 380,000 80,000 819,379 6,948,946 4,914,448 4,840,476 5,943,017 3,566,527 3,737,295 173,046 48,168 248,870 12,684 1,667,974 1,317,974 1,350,000 90,791 90,791 1,300,000 2,432,387 2,437,387 1,295,000 90,000 90,000 680,000 30,000 30,000 380,000 80,000 819,379 611,850 611,850 150,000 - - 50,000 25,000 25,000 25,000 1,467,771 1,467,771 7,786,590 6,795,773 6,150,773 5,669,379 200,000 249,561 249,561 308,314 848,271 200,000 249,561 249,561 1,156,585 7,986,590 7,045,334 6,400,334 6,825,964 (1,037,644) 7,731,519 (2,130, 886) 6,693,875 (1,559,858) 6,693,875 (882,947) 5,134, 017 $ 6,693,875 $ 4,562,989 $ 5,134,017 $ 4,251,070 Section I, Page C-1 MUNICIPAL SERVICES Capital Projects Fund #41 Revenue Detail Account Number Description Actual 2007 Original or Prey. Amend. Budget 2008 Final Revised Budget 2008 Proposed Budget 2009 Taxes: 51401 Real Estate Transfer Tax 51000 Total Taxes Intergovernmental: Federal Grants: 53199 CDOT Enhancement Funds Grant 53199 FTA/CDOT Transportation Center Grant 53199 Water Environmental Research Fund Grant Local Government/Other Agency: 53401 ECO Transit Facilities Improvement Program 53401 Eagle River Water and San District (WHRS) Traer Creek Metro District: 53401 East Avon Reimbursement 53401 Nottingham-Puder Ditch Cost Sharing 53401 E. Beaver Creek Blvd. 53401 Eaglebend Housing Authority 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings Other Revenues: 58104 Fireplace Fees 58108 Finance Charges 58211 Developer Reimbursements: 58211 URA Reimbursement - Lake Street Design 58999 Sheraton Mountain Vista RETT Rebate 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues Other Sources: 59201 Transfer In from Other Funds $ 2,540,943 $ 4,030,067 $ 4,030,067 $ 3,745,098 2,540,943 4,030,067 4,030,067 3,745,098 171,290 2,130,488 200,000 522,000 72,000 200,000 200,000 200,000 - 5,311 5,311 154,690 - - - 300,000 25,000 - 2,526,778 205,311 205,311 1,248,690 469,792 250,000 250,000 128,350 1,500 29 83,789 1,276,187 1,760 1,500 47,570 1,500 1,500 47,570 226,028 1,363,265 49,070 275,098 1,500 48,168 380,000 80,000 819,379 50000 TOTAL REVENUES $ 6,948,946 $ 4,914,448 $ 4,840,476 $ 5,943,017 Section I, Page C-2 MUNICIPAL SERVICES Capital Projects Fund #41 CIP Projects Inventory Account Number Description Actual 2007 Original or Prey. Amend. Budget 2008 Final Revised Budget 2008 Proposed Budget 2009 CAPITAL IMPROVEMENT PROJECTS Facilities: 11008 Municipal Bldg. Expansion (Modular Addition) $ 541,238 $ 13005 Village at Avon, Filing 1, Lot 5 Tap Fees 46,377 Public Works / Transportation Fac. Imp. Program: 13006 Preliminary Design 13007 Construction Design Phase 1 14001 Transportation Center Facility 2,978,912 44,364 44,364 14003 Bus Stop Improvements 15002 Recreation Center - Temporary Storage / Office 15003 Recreation Center - Phase 2 Design $ $ 613,610 613,610 1,300,000 50,000 Land and Land Improvements: Parks: 660,000 660,000 350,000 21008 Wildridge Dog Park 21010 Nottingham Park Improvements 21009 Forest Service Land Acquisition 50,000 50,000 200,000 Roads and Streets: Streetscape: 31006 Eaglebend Dr. 31010 Lighting Study & Conversion 31011 1-70 Noise Reduction 1,230,941 40,791 40,791 1,100,000 2,628 2,628 82,601 320,501 320,501 500,000 20,000 20,000 40,000 Street Improvements: 32007 Town Center West/Mall Plan Implementation 32008 E. Beaver Creek Blvd Improvements 32009 Railroad Crossings to Confluence 32010 W. Benchmark Realignment Design 32011 W. B/C Blvd. At -grade RR Crossing Imp. Annual Street Maintenance. 33007 2007 Paving / Road Improvements 33008 2008 Paving / Road Improvements 33009 2009 Paving / Road Improvements Multi-Modal/Altemative Mobility: 34008 Wildridge Loop Rd. Pedestrian Improvements 34011 Wildridge Emergency Access 34012 West Avon Trails & Access Improvements 34013 Recreational Trails Program 59,616 10,963 10,963 300,000 300,000 582,590 205,286 205,286 226,028 - - 60,034 233,067 370,000 370,000 700,000 437,891 1,113, 009 1,113, 009 25,000 - 2.295 65,000 65,000 25,000 30,000 30,000 Roundabouts: 35002 Roundabout 4 - Conversion to Full Roundabout Utilities 822,232 41001 Waste Heat Recovery System Study 41002 Waste Heat Recovery System Design - - 680,000 90,000 90,000 Section I, Page C-3 MUNICIPAL SERVICES Capital Projects Fund #41 CIP Projects Inventory Account Number Description Actual 2007 Original or Prey. Amend. Budget 2008 Final Revised Budget 2008 Proposed Budget 2009 CAPITAL IMPROVEMENT PROJECTS Recreation 51002 Eagle River Recreation Enhancements Project 51003 Eagle River Recreation Access Expansion 94006 RICD Water Rights Application Water Fund Projects 61004 Nottingham-Puder Ditch Restoration 61005 W. Beaver Creek Blvd. Drainage 1-70 to Railroad 61006 Metcalf Road Drainage - Phase 1 61008 Emergency Repairs - Nottingham-Puder Ditch 61009 Nottingham Lake Spillway Replacement 94005 Water Rights Acquisition Strategic Planning Development Analysis and Review: 71004 Confluence/Westin Riverfront Resort 71005 The Gates at Beaver Creek 71006 Sheraton Mountain Vista 2005 Application 71008 Cottonwood PUD 71009 Folsom Property PUD 71010 Orion Development 71011 Vail Resorts Annexation Planning and Consulting: 79008 2008 General Planning and Consulting 79009 2009 General Planning and Consulting 71007 East Avon Redevelopment (Master Plan) 79001 Nottingham Park Master Plan 79104 Housing Needs Assessment 79105 Public Works Master Plan 79106 Comprehensive Transportation Plan 79107 Unified Land Use Code Revision Communications and Technology 96,751 20,000 16,555 59,740 10,000 20,000 10,000 10,621 - - 309,379 8,581 10,000 10,000 28,966 50,000 50,000 - - 20,000 - - - 50,000 320,000 460,000 27,791 1,000 1,000 31,651 8,160 8,160 22,236 3,538 3,538 6,019 6,149 90 90 1,268 15,000 15,000 20,000 20,000 50,000 50,000 - 50,000 90,457 14,062 14,062 - 150,000 150,000 233 - - 63,066 - - 200,000 200,000 - 150,000 150,000 100,000 81003 Records Management 50,000 Other 93007 2007 Historic Preservation 93008 2008 Historic Preservation 93009 2009 Historic Preservation Developer Rebates and Capital Contributions Capital Contributions: 95001 Westin Riverfront Resort 95001 Westin Riverfront Resort - Interest 12,684 25,000 25,000 1,387,000 1,387,000 80,771 80,771 25,000 Total Capital Improvement Projects $ 7,786,590 $ 6,795,773 $ 6,150,773 $ 5,669,379 Discretionary Projects Section I, Page C-4 M O N 0 N 0 O N C rn o U • m N C n • o U O Q N REVENUES N CO ' 0 CO . 0 • O CO 7 CO 7 0 0 N M N C) ' ' ' 0 000 In COO CO CA r' 0) CO U, CA 0 CO ' 0 '0*_ W COO CA g i E9 co n , 0 co n O CO N C) N CO CO 0 CO N C9 CO 0 0 ' 0 0 0 0 ' 0 O M 0 0 0 CO O CO n N 0 LO n M C+) 49 CO 0 O • N C9 M N 7 C) a) n o ai • co N 69 Real Estate Transfer Tax N O) C C m w N a) C Intergovernmental: Federal/State: 0 CO 0) CO of 0 ▪ N 0 o c+) o CO N ' 0 0 ' 0 ' co O O co O o 0 0 O tO 0 N N 0) C 2 L T C o ICe 2 a) U o -c• o CD C° 0 V E 0 d � • m r c°O C)oE d U g d :° a° t U N W C]. C CO C N rn C -o E N l as Q' u_ la 7 O a) d N� O Z m ✓ C C F. W C a) C° — o o W E a� as E Q y L.L.i73 W N N CO 0 • 0 E Y 3 j L • I E. a) a) a) a a C LI j ` ≥ a) a) W d H F- C- 7 F' U U o • O O O 40 d d o O U • o W W F H> 0 O r co 0 co C•1 ' O 0 N CO O) N 00 n C+) CO Finance Charges n 0 CO n N Of a) a� C - a) - Of co L • N CO C .0 o z in r N' ' • Y a) • a) J E E a) a) ca C .O • a E E E °) CC C C 0. N O 0 O 0 Sheraton Mountain Vista R O CO n Miscellaneous co N (0 in co CO C) C) CO N N N CO CO M M CO N M M CC) U) K) W 070 0) 00 rn CD CO CO CA 000 O 00 000 0) O O O) of o 6 ai co n CA 0 0 0 0 M O O O 4) 4) CO n N N CA CA M M N of M CH M On) 0)) n CO M M O M CA CA M 0 0 Oa) CO CO u4 co O O n n 7_ 0 0 v o co 000 0070 E9 0 0 0 CO n CO CO 7 n rn O 00 0 00 0 0) 7 7 O7) CO CO Total Operating Revenues Other Sources: Transfer in from Water Fund Total Other Sources E9 Total Revenues and Sources of Funds Section I, Page C-6 z J a re Q w Zto • Z u- O u) Z • w Q O a - J a Q U 0 O 0. 0 a M 0 N O N O O N ) 0) O O O N m ▪ To - • 0) V U m CO 0 0 N as • O U Q N EXPENDITURES o 0 0 0 c5 d 0 CO CA o 0 0 O • 1 - CO N CO iA O O 0 0 0 CO 69 ' OD 0 0 0 N 0 0 0 0) o 0 co_ N O O CO CO0 CO N 0 00 0 0 0 ci ca. 0 CO N 0 0 00 0 0 000) O co co o 0 0 COO N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 Sri U) o o h N N CSI CO 69 0 0 0 0 00 0 0M 0 • 0 0) 69 N O) N C9 0 O O co co 0) 0 00 0 00 CO O O O CA 0O CO N CO Is. 0 0 0 O ) a) 0 0 0 N co co O O o r O o 0 co v CA CO CO N 69 co c d E a) N 2 G d E > -o > c 2 co n E c « l9 a) Roads and Streets O CO CO. c6 I"- Water Fund Projects Communications and Technology 0 OD CO 0 0 u) N N U) COC N N C O a c 0 U a co v c co co C O) . co a U N • O a) 2 L > c%) O 8) co O co co0CD 3 N 0) O O CO CO N O U) M N O M N N r r N n— 0 O) 69 0 CO CO N CO V' 0 O 0 0 0 f` CO co CO<6 O co000) W h. 0 co N CO CO N CO CO N 0 4i O O ' 0 CO I..- CO 0 0 00 O0o a0 E... N N CO CO ▪ 0) CO CO CO CO CO CO M M CO- Is: 69 O CO 0 CO N 0 r O U) O co 0 N O CO O i CO CO r o N. O V' is 0) v M M N co C+) 4. - 69 rn v 0 CO N r_ M M N CA O O O U) O co N CO • CO Cn CO M CO CO W N co U) Ns - 69 1 N U) co coup m o N • L v CO o ‘- 6 co co co 69 O 0 ' 0 4 O CO 0 0 0 co CO Oro_ c• 7) co N o co N o) cc) • r CO I,: r co r Total Expenditures c c d (9 < O • 0 0 m m d H H • C to• ' WI 0. 0. O 0 0 Total Expenditures and Uses of Funds Net Source (Use) of Funds Fund Balance, Beginning of Year 43 Fund Balance, End of Year Section I, Page C-7 M 0 N N O N 0 0 N O 0 to to d O) O 7 NCL O n 0 O < N 'O • 0 C co Is O U Na¢ — 0 a) C) O .O L a CO CAPITAL IMPROVEMENT PROJECTS f, mr O M 0 N) 0 n V 0 (0 �() N co CO O M b9 M M 0 mr f00 N 4) (D CO O r N O O M 0) 0 (n (O h O r0 V N CO CO ( M O O O O 0 r O 0 n O O O O O O 0 L 0 < a) 0 0 (a `m a o (a co o 2(O m "e= O O a) .0 c J o. E m c `m F-- o Q n -_ C O. c w u• v E E al '0 O O 0 ▪ • C 8 m Q N C J in T.& m o z -ow 0 U 0 y :V N a) 0 N U .0 2 co2 .> i- cC (3 u - Roads and Streets: O O O O O ' 0 0 0 4) n O 0 O 0 0 0 (O u) ✓ CO O O M v O 0 O 0 O 0 0 n 0) N- M O M Co N- 0) N M M O O O 0 O 0) O O O O n • CO 0) 0 0 CO V 0) 0 U) (O N N (O 0) 1,- O 0 0 N M CO 0 0 01 U) V N N (O O r N - 000C)(0. 0 0 0 (0 O N O O 0 CO 0 0) • M M O 66 O co O h N (O M O N W Ti (O M M 01 N O CVO < If) (0 O M O f` Z � CO CO 0 CO 0 0) 0 0 ' 0 ' 0 0 N 0 CO 0 CO 0 0 0 0 0 0 0 CO (O 0) O N 0 0 0 0 0 0 0 N N6 O 0 0 0 O M6 N 6 O O M M N CO ✓ O 0 ' 0 N M M ((00 0 0 1 in )() N CO <0 0 O 0 (O (DON O CO N h (O 1- (O (O 0 O N 0 N (O O N M h N (O (O 0 0 CO CO M CO (O CO N (0 N CO CO 0.- Cl) N N (O N CO N N r COO COOO 1 N Mr 1 ' 0 0 V 1 O (O - V. 1,-N V. CO O.- 0)01 CO CO N 1 Mr V OV CO CO 1- N M (O N O � 0 O M M O O > C O U Otf > a ac 0 0 m c N N 0) W J O0 0 0 0 0 CO (O 0 0 (O 0 0 N O O CO u O h O V N (O N Q (M (M qv) CO Z O CS C E a) G E C N a m c a mn o E U C 2 FO 0 O a o a c - O o 0 C cc a) • 8• Of C �' y • N 8 O O O C C U C E • ° E e — U C m N O cCC_'U m • U m c C U v(a 00 m 0 U 2 E U a) • 0 O O m uJ C 0 > O 0. E L cC or 0 0) > or a To C C O (0 0 0 O 0 0 0 0 N 0 0 c N O O (00 0 W O C a) o E > 0 O E n > E o • n O 0 0 0 > a C h 0 O (` Q o H J C To 0 O V 0) > Q • 'O N 0 0 C co m O N N (0 a a E E Co N ( oV V a a ✓ O O 0 O CO CO n 0 0 0 0 0 O h O (O M N CO r M M O o C 0 o 0 75 C (Ca E 0. W • N O W • ,(• 0-.) n O Q N N CC .- C15 CT) N O > > U cal w w EC cL 0 O CS 0 O 0 (0a 0 7) C `te• a U co D > ) « m C m ` 0 •0 2 a a u. O) V 4-r « p Y (a • 6 U CO ▪ CC CO 40 CO CO w 2 Section I, Page C-8 Z J a cc -� >7y to c Z O • O a` U. W R O Z O 00 NW If. Z av J a U O N 0 N O 0 N (0 O t • a 0 G 0 N a 0 0 0 z 15 O co N N .) > N U CO (0 0 0 0 0 O 0 CO O ' O O O 00 0 0 O O N 0 4) L U a N v c m E O (a d C W Z 3 c > • •(a U S• m d a' J co U . L (a're 0) ac) E F y Co m ✓ wm� is and Review: M O) O O O 00 O (NI N. CO M CO 0 V' O N N O n MNV' (O (O (6N V' O CO 00 CO M C? M O rn o o o ui O N CO (0ON O N• csi N C') C•1 CO CO M CO 03 00 M CO h (0 M (0 M Q Q Q Q Q Q Q ZZZZZZZ 7. 7 0 0 v OS 07 C •C a 0 ' O O 0 O O O O O 4) 0 O 0 U) O O O O O O ' ' O O O O Z 0 00 (M) CO00 0 00 0 0 n 0 0 0 00 O 00 M O O a)1(ON0 0CO 00 O O .9 ' N 0 O CO N CO Co v r M O ' 0 ' ' O O 4) N O O O 0 N O O O O N O O O 4) N Z 00 0 N (0 N co CO N O M O U) 00 000000 000 x000 00 O O M O O Q O co co co O O Q Z N N Z r-. 2 a o 2.8 0c o) 0 a) a m C U E m (0 fV yya rL N Q ((00 N 2 a $) o E Z o C C= a Z z a' C CO a O 0 (0 cr (0 D• m C 2 U m • N 01 •O C C m (a L J d O. m w o c 00 0 O � 0 • N N CD n- N - 0 n M00 (0 C O 7 a C O 0 c 0 • r C (0 Oto co a▪ ' m Z a 'S o o o m a t 2 a_ m o tr c) aU c O OCC 0 m N m o= ew• e Westin Riverfront Resort - Interest co n rn n O O 49 O O O O O O M9 O 0 0 n N N 49 O O O O n O V9 O) n M O M of 69 CO M (CO U) M m n O u9 O O 4) (O 00 n n u9 U) C7 0 O CO M V9 $ 21,526,078 Total Capital Improvement Projects Section I, Page C-9 TOWN OF AVON Z J 0 W >- OO F- L za W Z C H 0 � L ♦ W 0 7 H CI - J I- a U M O N O O N d C)0 0. V 0 O N CL V O 3 N U J 0 O Q C• v, CO >" co O a O a Q C U y a) co o ~ a o0 44 49 49 0 O 0 O 00 0 0 0 O O U) ( M 63 0 co. (7 49 O (0 M (0 49 43 49 O m 49 00 O M O E m C) O a` co a. F £ W c) 7 co O CZ d o N F- CO CO Z n a w C WC C C) (a a V) O \ N O a Y Z, o CO C 2 < a) E N I- r V C N a aaU ((C 0 LL 0 0 0 o 0 0 O 0 O O O O O 0 0 U) N O O O 0 O O O O O O O O O O O O i0 (O ,- N N) 0 0 0 0 O O O O 0 O O O 0 M O Cr)N- 0 ' 0 0 O O O O O O O O O O 0 N N ' 0 O O ' 0 O O O O o Tr N Cr) CO (0 o ' ' 0 0 0 0 0 0 0 O O O O O O O O (() N M O) 0 0 0 0 6 N C') OD 0 O O O 0 a) N C E> o 2 > n 2 ,e E a E a (o e o a o E oo J O•c co C C C ao N v :+ d Z ((5 ° J Roads and Streets: O O O 0 O N ' 0 O O 0 0 ' 0 0 O O ' 0 0 O O O O O 0 0 0 ' O 00 0 00 0 0 0 0 0 0 0 0 0 OCO CD Cr)CO O) (0 N O Q ai Z a) a� U U m 0 O E o G a) co L 'o c Z 2 Z a 0 a N C W a)� Q o c O o 2 2 •= U c 2 c v 3 co O 0 m 0) n ( 0 CD 0 0 a' a' 76 RI 0 CD _ _ r c'7 co O 0 e t a, o c u I (o E a) 0 a) c O r C 0) O 2 m O C U d CO r Lt. C1 3 - i IF: C E O a 3° Uc > ing, e-gov Projects 0 0 O 0 O O) 49 $ 4,400,000 O O O O O N 49 0 0 0 O O) 49 0 O O O 0 M N 49 O (0 V) W 49 0 (O 0 O CO 49 49 0 C') N 49 Total Capital Improvement Projects Section I, Page C-10 M O N N O N O N O O N C CI) CO U m N CO n O O < N c C l0 } l0 Co G C) N d Q O N O) O p ~ 0- CO CAPITAL IMPROVEMENT PROJECTS O O O O O O O O M E .2 t `tg a` a. C o O. `O E 3 H O a°' d ea u. O O O O O O co O O O O O O O O O N O O n O O CD 0O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MO1 CO N N Q) N NO M O � N O) E V co m m .0- w J O• m W ,0 O J m -O 0 O m o O l6 > O as d E > V) 3 Q -O - a as to i C'u)dL. ca Q m co LL M N CO sr N l00 f00 N 000 l00 000 0 0.aa Nana E c C m C C C 000=000 C 2 2 c 2 2 2 0 N 0) N N tl) a C C a C C C 8U()c000 O O O co o O O CD C 00 C LL m R 0 N 0 C H H O crs J W FTA and Senate Bill 1 Grants O O O O co N N O O O O N N N O O O O O M O O O 0 O N N N Net Un-funded Cost O O O O O N 0 O N M O O O O O i0 O O N O CDO M V) 1O M CO N O O O Oo in a N O co N n M C m E C C 2 • o N C N Q 2 r OC > « U O m c w 00 '.co W 03 'm R =c m u. m To I w m 4; O 0 o it m -1 eya c v o t w≥as 2 air ro ;5N C co C) G Uo J W C O O O O co N N O O O O O O O O O N N C) M O a O O N N CMo CO O a O 0 0 rn rn v_ N O N O N Net Un-funded Cost 4.9 fA v) ui $ 24,261,250 Total Net Un-funded Cost Section I, Page C-11 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: November 5, 2008 Re: Adoption of 2009 Budget Summary: The Town's final revised operating budgets for 2008 and the proposed 2009 operating budgets are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. Previous Council Action: Previously, the Town Manager presented his recommended budget at the Council budget retreat held on October 7th and 8 . During the budget retreat four changes were incorporated into the final proposed General Fund budget. The changes for the 2009 proposed General Fund budget include the reduction from $50,000 to $9,500 for the Ironkids Triathlon license, the addition of $2,500 in in -kind contributions to the Vail Symposium for the Healthy Home tour and fair, $10,000 in contributions to the Gore Range Natural Science School, and $4,000 to Bravo! for community outreach programs for music matters programs. At the last council meeting a public hearing was held for members of the public to comment on the proposed 2009 budget. No changes to the budget have been made subsequent to the public hearing. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Page 1 Town Manager Comments: Attachments: A - 2009 Financial Overview, Total - All Funds B - 2009 Financial Overview, Total by Fund C — Resolution 08-41 D — Resolution 08-43 • Page 2 TOWN OF AVON Financial Overview TOTAL - ALL FUNDS REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Bond Proceeds Transfers -In From Other Funds Capital Lease Proceeds TOTAL REVENUES EXPENDITURES General Government and Finance Community Development Public Safety Public Works, Engineering and Utilities Transportation and Fleet Maintenance Recreation and Culture Total Operating Expenditures Contingency Debt Service Capital Improvements and Equipment Replacement Other Uses Transfers -Out To Other Funds TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Actual 2007 Original or Prey. Amend. Budget 2008 Final Revised Budget 2008 Proposed Budget 2009 $ 12,482,669 419,292 4,140,280 7,040,556 84,290 1,356,014 1,793,697 $ 15,176,243 295,600 1,547,839 6,190,704 133,150 1,601,290 461,999 $ 15,260,442 $ 15,964,275 295,600 613,600 1,518,814 2,206,824 6,137,070 6,066,971 133,150 133,450 1,616,482 1,054,492 671,659 376,100 27,316,798 25,406,825 25,633,217 26,415,712 86,272 3,348,637 508,125 25,361 25,000,000 8,092,266 39,603 25,000,000 7,668,537 1,500 4,398,807 423,800 31,259,832 58,524,452 58,341,357 31,239,819 2,871,963 902,634 2,203,803 3,424,566 5,450,666 2,483,910 2,570,951 2,558,639 886,155 885,372 2,661,464 2,672,394 4,064,142 4,142,657 5,171,046 5,016,152 2,749,347 2,727,865 2,721,080 995,064 2,859,679 4,694,104 4,181,405 2,983,142 17,337,542 18,103,105 18,003,079 18,434,474 1,830,298 8,660,575 2,402,637 20,000 20,000 3,265,241 2,977,788 13,259, 996 12,666,433 8,880,466 7,668,537 20,000 2,824,171 22,317,749 4,398,807 •30,231,052 43,528,808 41,335,837 47,995,201 1,028,780 19,865,345 14, 995, 644 17, 005, 520 20,642,793 20,894,125 (16,755,382) 37,899,645 $ 20,894,125 $ 35,638,437 $ 37,899,645 $ 21,144,263 Section I, Page 1 TOWN OF AVON Financial Overview TOTAL - BY FUND Special Revenue Funds Main Street Urban Community Affordable Facilities General Maintenance Renewal Enhancement Water Housing Reserve Fund Fund Fund Fund Fund Fund Fund REVENUE Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue $ 10,624,894 $ 613,600 958,134 2,613,524 133,450 400,000 314,600 $ 519,365 $ - $ - $ $ 512,392 60,000 174,000 Total Operating Revenues 15,658,202 Other Sources Sales of Fixed Assets Bond Proceeds Transfers -In From Other Funds Capital Lease Proceeds TOTAL REVENUES EXPENDITURES General Government, Housing and Finance Community Development Police Public Works, Engineering and Utilities Transportation and Fleet Maintenance Recreation and Culture Total Operating Expenditures Contingency Debt Service Capital Expenditures 1,031,757 60,000 174,000 1,500 308,314 385,800 65,000 893,271 72,917 16,353,816 65,000 1,925,028 60,000 174,000 72,917 2,667,780 46,600 6,700 995,064 - - 2,859,679 4,548,312 62,139 83,653 2,983,142 14,053,977 62,139 46,600 83,653 6,700 20,000 1,145,577 15,950,000 Other Uses Transfers -Out To Other Funds 2,422,843 819,379 TOTAL EXPENDITURES 16,496,820 62,139 17,142,177 903,032 6,700 NET SOURCE (USE) OF FUNDS (143,004) 2,861 (15,217,149) 60,000 (729,032) (6,700) 72,917 FUND BALANCES, Beginning of Year 6,602,749 1,558 18,971,784 334,417 2,337,589 751,000 473,834 FUND BALANCES, End of Year $ 6,459,745 $ 4,419 $ 3,754,635 $ 394,417 $ 1,608,557 $ 744,300 $ 546,751 Section I, Page 2 TOWN OF AVON Financial Overview TOTAL - BY FUND Internal Debt Service Funds Capital Enterprise Funds Service Percent Bond AMD Projects Transit Fleet Equipment of Redemption Fund Fund Fund Maintenance Replacement Total Total $ 545,360 $ 489,558 $ 3,745,098 $ 40,000 $ 1,248,690 - 9,900 13,750 128,350 1,500 2,480,129 $ 15,964,275 613,600 2,206,824 789,418 6,066,971 133,450 1,054,492 376,100 559,110 489,558 5,123,638 49,900 2,480,129 789,418 26,415,712 1,500 604,926 819,379 1,550,000 85,000 4,398,807 - - - 23,000 15,000 423,800 1,164,036 489,558 5,943,017 1,599,900 2,588,129 804,418 31,239,819 1,598,940 2,582,465 2,721,080 995,064 2,859,679 4,694,104 4,181,405 2,983,142 1,598,940 2,582,465 18,434,474 1,164,036 489,558 25,000 5,644,379 723,370 20,000 2,824,171 22,317,749 1,156,585 4,398,807 1,164,036 489,558 6,825,964 1,598,940 2,582,465 723,370 47,995,201 (882,947) 960 5,664 81,048 (16,755,382) 657,106 56,969 5,134,017 397,771 495,326 1,685,525 37,899,645 $ 657,106 $ 56,969 $ 4,251,070 $ 398,731 $ 500,990 $ 1,766,573 $ 21,144,263 60.43% 2.32% 8.35% 22.97% 0.51% 3.99% 1.42% 100.00% 14.76% 5.40% 15.51% 25.46% 22.68% 16.18% 100.00% Section I, Page 3 RESOLUTION NO. 08-41 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008 AND ENDING ON THE LAST DAY OF DECEMBER, 2008 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2008 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the revised as follows for 2008: General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2008 Budget $ 7,295,426 14,665,171 15,317,199 $ 6,643,398 COUNCIL OF THE following funds are Current Proposed Amended 2008 Budget $ 7,295,426 14,557,201 15,249,878 $ 6,602,749 1 Original or Current Previously Proposed Amended Amended 2008 Budget 2008 Budget Mall Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 46,293 $ 52,932 64,429 45,000 96,810 96,374 $ 13,912 $ 1,558 $ 331,442 $ 336,217 60,000 60,000 60,000 61,800 $ 331,442 $ 334,417 $ 1,647,168 $ 2,072,320 399,000 432,824 1,323,555 167,555 $ 722,613 $ 2,337,589 $ 639,941 $ 657,106 1,348,980 1,348,980 1,348,980 1,348,980 Ending Fund Balance $ 639,941 $ 657,106 AMD Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 49,633 $ 56,969 486,606 486,606 486,606 486,606 $ 49,633 $ 56,969 $ 393,681 $ 393,681 2,731,916 2,523,377 2,731,620 2,519,287 Ending Fund Balance $ 393,977 $ 397,771 I Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2008 Budget $ 597,088 2,446,834 2,439,426 Current Proposed Amended 2008 Budget $ 490,101 2,502,090 2,496,865 604,496 $ 495,326 $ I ,684,526 636,491 693,618 $ 1,695,694 677,491 687,660 Ending Fund Balance $ 1,627,399 $ 1,685,525 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11th day of November, 2008. ATTEST: Patty McKenny Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 3 RESOLUTION NO. 08-43 SERIES OF 2008 A RESOLUTION TO ADOPT THE 2009 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2009 AND ENDING ON THE LAST DAY OF DECEMBER, 2009 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body on October 7, 2008, for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on October 28, 2008, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2008: General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2009 Proposed Budget $ 6,602,749 16,353,816 16,496,820 Ending Fund Balance $ 6,459,745 Main Street Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,558 65,000 62,139 $ 4,419 1 2009 Proposed Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Facilities Reserve Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Avon Metropolitan District Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 334,417 60,000 0 $ 394.417 $ 2,337,589 174,000 903,032 $ 1,608,557 $ 751,000 0 6,700 744,300 $ 473,834 72,917 546,751 $ 657,106 1,164,036 1,164,036 $ 657,106 $ 56,969 489,558 489,558 Ending Fund Balance $ 56,969 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2009 Proposed Budget $ 397,771 1,599,900 1,598,940 Ending Fund Balance $ 398,731 Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 495,326 2,588,129 2,582,465 Ending Fund Balance $ 500,990 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,685,525 804,418 723,370 Ending Fund Balance $ 1.766,573 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11th day of November, 2008. ATTEST: Patty McKenny Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 3 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Assistant Town Manager - Finance Date: November 11, 2008 Re: 2008 Property Tax Levies Suma m :: Three resolutions levying property taxes for general operating, debt service, the Avon Metropolitan District and the Avon General Improvement District No. 1 are hereby submitted for adoption. The property tax mill rates will be levied as follows: o General operating purposes - 8.956 mills; o Debt service - 2.436 mills, a decrease of 0.879 mills from 2007; o Avon Metro District — 2.594 mills, an increase of .111 mills from 2007. o Avon General Improvement District No. 1— 9.396 mills. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Town Mana er Comments. Attachment A — Resolution 08-45 B — Resolution 08-46 C — Resolution 08-47 Page 1 RESOLUTION NO. 08-45 SERIES OF 2008 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2008, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2009 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 11, 2008; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $2,025,286; and WHEREAS, the amount of money to balance the budget for bonds and interest is $550,869; and WHEREAS, the 2008 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $226,137,320. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2009 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2008. Section 2. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2009 budget year there is levied a tax of 2.436 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2008. Section 3. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED this 11th day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe Mayor ATTEST: Patty McKenny Town Clerk RESOLUTION NO. 08-46 SERIES OF 2008 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2008, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE AVON METROPOLITAN DISTRICT, AVON, COLORADO, FOR THE 2009 BUDGET YEAR WHEREAS, an Agreement for Dissolution of the Avon Metropolitan District was executed and a petition filed by the District with the District Court of Eagle County and the District was effectively dissolved on May 31, 1998; and WHEREAS, pursuant to the Agreement, the District shall continue in existence as a political subdivision of the State for the sole purpose of securing payment in full of the principal and interest of existing indebtedness; and WHEREAS, pursuant to the Agreement, the Town Council was appointed as the District Board of Directors and shall set mill levies as necessary in order to pay in full the costs of annual payments on the outstanding indebtedness; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget of the Town of Avon including the Avon Metropolitan District Debt Service Fund in accordance with the Local Government Budget Law on November 11, 2008; and WHEREAS, the amount of money to balance the Avon Metropolitan District Fund budget for bonds and interest is $449,503; and WHEREAS, the 2008 net total assessed valuation for the Avon Metropolitan District as certified by the County Assessor is $182,814,257. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all bonds and interest of the Avon Metropolitan District during the 2009 budget year there is levied a tax of 2.705 mills upon each dollar of the net total assessed valuation of all taxable property within the Avon Metropolitan District for the year 2008. Section 2. That the Mayor acting as Board President is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Avon Metropolitan District as hereinabove determined and set. ADOPTED this 11th day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe Mayor ATTEST: Patty McKenny Town Clerk RESOLUTION NO. 08-47 SERIES OF 2008 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2008, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2009 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex -officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on November 11, 2008; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $40,000; and WHEREAS, the 2008 net total assessed valuation for the property included in the District as certified by the County Assessor is $4,257,130. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1 Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2009 budget year there is levied a tax of 9.396 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2008. Section 2. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED this 11th day of November, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe Mayor ATTEST: Patty McKenny Town Clerk Town of Avon, State of Colorado Veteran's Day Proclamation Whereas, over two hundred years ago, the signers of the Declaration of Independence declared that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"; Whereas, throughout the course of American history, courageous men and women have taken up arms to secure, defend, and maintain these core principles upon which freedoms depend; Whereas, the men and women who have and currently are serving in the Army, Navy, Air Force, Marines, and Coast Guard of the United States of America have made major contributions toward the preservation of this Nation and her people; Whereas, the Congress of the United States of America has designated the eleventh day of November of each year as Veterans Day and it has become a significant part of our American heritage as we recognize the millions of our citizens whose military service has had a profound effect on history; Whereas, the Nation and the free world are eternally grateful for the contributions of American veterans - men and women - to the advancement of the cause of an honorable world peace. Now, Therefore, the Town Council of the Town of Avon, State of Colorado, hereby proclaims November 11, 2008 as Veterans Day and calls upon all citizens to join the Town in recognizing and honoring those who have served and are serving to preserve the principles of Justice, Freedom and Democracy. Let this proclamation be entered into the official records of the Town. In Witness whereof, I have hereunto set my hand this 11th day of November 2008. Town of Avon, Colorado Ronald C. Wolfe, Mayor of Avon Attest: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, NOVEMBER 11, 2008 MEETING BEGINS AT 4 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 4:00 PM -4:15 PM 1. 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 Village at Avon 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:15 PM — 4:30 PM 3. HEAT RECOVERY PROJECT UPDATE (Ron Wolfe, Mayor) Discussion about next steps with the project 4:30 PM — 5:00 PM 4. COUNCIL COMMITTEE AND STAFF UPDATES a. Eagle County Open Space Advisory Committee (Ron Wolfe, Mayor) Update on committee's consideration of funding the multi -party land exchange b. SDAT Application for the Eagle River Valley as part of the AIA Colorado West Chapter Program (Ron Wolfe, Mayor) Review of support & participation from Town of Avon c. Recreation Center Remodel Update (Shane Pegram, Engineer II) Review completion of the remodel and other maintenance projects at Rec Center d. East Beaver Creek Boulevard Update (Shane Pegram, Engineer II) Review status of project & right of way negotiations e. Nottingham-Puder Ditch Update (Jeff Schneider, Project Engineer) Update on ongoing efforts to maintain & improve the irrigation ditch f. Holiday Lighting / Winter Event Recommendation / Memo Only (Becky Lawlor, Community Relations Officer) Create new event with opening of Main Street 5:00 PM 5. ADJOURNMENT Avon Council Meeting.08.11.11 Page 1 of 5 AVON COLORADO Avon... a smoke free community Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 October 31, 2008 Center for Communities by Design American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 To Whom It May Concern: The leadership of the AIA Colorado West Chapter has presented us with the opportunity to participate in and be involved in the proposed SDAT process for the Eagle River Valley this application is being submitted for. 970-748-4000 970-949-9139 Fax Relay recognized www.avon.org The Town of Avon has committed to sustainable initiatives including acquiring wind energy for our town, and recently having been awarded a grant from the Governor to pursue a co -generation project for heating our new Main Street project. It is our opinion that an SDAT will provide an important objective perspective on the big picture of sustainability not only for Avon but for the valley as a whole. It is important that all of us pursue sustainable initiatives for our future and we wish to be a part of looking at how we fit into this future through the eyes of the SDAT review. The Town of Avon, in our October 28th town council meeting voted to publicly support this effort and to support the application that has been initiated by AIA Colorado West Chapter leadership with this letter. The Town of Avon will participate in this process and is looking forward to being an integral contributor to the success of this effort. Sincer Ronald C. Wolfe Mayor Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer (I: — Shane Pegram, Engineer II Date: November 5, 2008 Re: Avon Recreation Center Projects Update Summary: Staff will be providing an update to Town Council on all of the projects that were completed during the October closure of the Avon Recreation Center. The Recreation Center reopened on November 1. Discussion: Staff started preparing for the Avon Recreation Center Remodel in September, and the Recreation Center closed on October 1, 2008 for the remodel. The project progressed on schedule and on November 1, 2008 the Recreation Center reopened to the public. In order to take advantage of the closure the following Recreation Center projects were also completed: 1. Recreation Center pools were resurfaced. 2. Play animals in leisure pool were replaced. 3. Two existing HVAC units were replaced and preventive maintenance was completed on two existing air handlers. 4. Existing emergency lighting was replaced with new LED energy efficient units. 5. Aerobics Studio floor has been reconditioned. 6. Cardio Room floor was reconditioned and the wall paint was touched up. 7. A Spin Room was created in the old maintenance room adjacent to the aerobics studio. 8. Pool valves were replaced in the pool room and 3 pool pumps were rebuilt. 9. The leaking roof above the Aerobics Studio was repaired. 10. A television monitor for marketing was installed at the front desk. 11. The interior and exterior windows were cleaned. The Child Care and 1st floor Lobby were substantially complete on October 31st and the 2nd floor of the remodel will be completed on November 7, 2008. Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer 3ftA f Shane Pegram, Engineer II Date: November 5, 2008 Re: East Beaver Creek Boulevard Streetscape Design Update Summary: Intermountain Engineering has been working to update the East Beaver Creek Blvd. Streetscape Improvement plans, dated April 2000, and prepare right of way (ROW) descriptions. Town staff has met with several property owners along East Beaver Creek Blvd. to discuss ROW that we will need to complete the project. Town staff will update Town Council on the status of the negotiations at the hearings. Discussion: The Annexation and Development Agreement between the Town of Avon and Traer Creek Metro District requires the Town to design and obtain ROW to install the East Beaver Creek Blvd. Streetscape Improvements. Traer Creek Metro district is required to pay the Town "out of pocket" costs for obtaining the necessary ROW. The Annexation and Development Agreement also requires that construction is started by April 15, 2009 and completed by December 31, 2009. The Improvements are to be in "General conformance" with the East Beaver Creek Streetscape Improvements Plans dated April 2000. The limits of the project are from Beaver Creek Place to The Village (at Avon). Intermountain Engineering has been updating the previous plans to incorporate comments received after Town staff review. Exhibit A has been prepared by Intermountain Engineering to indicate areas requiring additional ROW and easements to complete construction of the project. Town Manager Comments: Notes: Exhibit A — Intermountain Engineering Easement Exhibit, dated 10/12/08 EXHIBIT A 9 t S Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town r{ Engineer4 Jeffrey Schneider, P.E., Project Engine* Date: November 5, 2008 Re: Nottingham-Puder Ditch Update Summary: This memorandum is to present an update on the ongoing efforts to maintain and improve the Nottingham-Puder Irrigation Ditch. The Nottingham-Puder Ditch conveys water rights owned by the Town of Avon (TOA), EMD Limited Liability Corporation (LLC), and Traer Creek Metro District (TCMD). It provides non -potable water for flow -through, irrigation, and recreational purposes for EMD, LLC and TCMD, and provides similar uses for TOA by supplying water to Nottingham Lake. The operations of the Ditch are govemed by the Nottingham and Puder Ditch Repair, Maintenance, and Management Agreement (Agreement), attached as Exhibit A. Per the Agreement, representatives from TOA, EMD LLC and TCMD met to discuss the status of planned improvements and conducted a ditch walk to assess the ditch's physical condition. Meeting minutes from the annual meeting are attached as Exhibit B and a Field Observation Report from the ditch walk is attached as Exhibit C. Previous Town Council Action: During the 2009 Capital Improvements Program (CIP) budget presentation, Staff presented conceptual budgetary figures for improvements to the Nottingham- Puder Ditch, namely piping selected areas. This led to $309,379 approved for the non -discretionary category for 2009. In order to preserve TOA's existing water rights, Council gave Staff direction to pursue the needed ditch repairs with TCMD and EMD LLC, despite limited past project cooperation. Discussion: Town Staff met with TCMD and EMD LLC on September 4, 2008 to discuss the Agreement and planned improvements. Minutes from the meeting are attached as Exhibit B. Present at the meeting were Justin Hildreth and Jeffrey Schneider, representing TOA Engineering, and Dan Leary, representing TCMD and EMD LLC. All parties generally agreed that the ditch has deteriorated and that areas with difficult access need to be repaired to avoid a potential ditch blow- out. The parties agreed to perform a walk-through in October after the irrigation season ended, as well as initiating discussions with Union Pacific Railroad regarding access issues. Town Staff, consisting of Justin Hildreth, Jeffrey Schneider, and Rob Janusz, visited the ditch with Dan Leary on October 31, 2008 to visually assess the condition of the ditch in order to prioritize improvements. The group focused on the portion of ditch from the railroad tracks south of Home Depot upditch to the headgate and diversion channel in the Eagle River since this section of ditch is confined between the railroad tracks and the Eagle River, making repairs and maintenance difficult and time-consuming. The group observed widespread sediment, debris, and beaver dam activity in a majority of the ditch. The ditch banks were comprised primarily of dense willow vegetation, whose roots have overtaken the structural integrity of the south ditch bank above the river. The dense vegetation and root activity is believed to have been a major contributor to the ditch blowout and ensuing emergency repair south of Buffalo Ridge in the summer of 2008. The concrete channel portion of the ditch, beneath the Interstate 70 overpass, exhibited wall failure, collapse, and sloughing. The diversion channel in the Eagle River also required significant sediment and debris. A more detailed description of the field conditions can be found in Exhibit C. All parties present at the walk-through agreed that portions of the ditch would greatly benefit from piping. Piping portions of the ditch would reduce ditch loss, rodent activity, and bank sloughing, thereby enabling I Lake Street Public Improvements Change Order 002 October 23, 2008 Page 2 of 2 TOA, EMD LLC, and TCMD to better utilize their respective water rights. Since the Nottingham- Puder Ditch is a key source of water for Nottingham Lake, a severe ditch blowout and extended downtime could potentially impact the quantity of water available for the lake. This, in turn, could reduce the recreational experience of Harry A. Nottingham Park. TOA is pursuing consensus and cooperation for limited ditch piping improvements with the hopes of implementing a portion of the needed upgrades in 2009. TOA has consistently budgeted for ditch upgrades since 2005 with amounts ranging from $150,000 to $300,000, and has annually approached the partner entities for cooperation. TCMD and EMD LLC resisted capital outlays, save for some minor headgate and measuring device work, engineering, and cost estimating. Since the Agreement requires that consensus on project scope over $50,000 must be reached prior to initiating improvements, the Town has been unable to implement any proposed improvements. Moving forward, TOA approached UPRR to initiate access permitting discussions: to date, no response has been received. In addition, TOA will refine the project scope and will be conducting a walk-through with selected contractors to help develop cost estimates for the proposed scope of work. When the scope and costs are better defined, TOA will formally pursue consensus with EMD LLC and TCMD for implementation of ditch improvements. If the partner entities continue to refuse to cooperate in the ditch improvements, Staff will investigate and pursue alternate remedies. Financial Implications: The 2009 Town of Avon Capital Improvements Budget, under final consideration at this meeting, contains $309,379 in non -discretionary funds for the implementation of Nottingham-Puder Ditch improvements. Per the Agreement, TOA is responsible for 50% of the cost of major projects, with TCMD and EMD LLC contributing the remaining 30% and 20%, respectively. Based on past cost estimates and a cursory scope of work, the budgeted amount for 2009 should be sufficient to perform significant upgrades on the Ditch. Staff will continue to update Council as the project progresses. Recommendation: N/A — No action required at this time. Proposed Motion: N/A — No action required at this time. Attachments: Exhibit A Nottingham and Puder Ditch Repair, Maintenance, and Management Agreement Exhibit B September 4, 2008 Ditch Meeting Minutes Exhibit C Field Observation Report from October 31, 2008 Walk-through Town Manager Comments: • Page 2 .2,, EXHIBIT A NOTTINGHAM AND PUDER DITCH REPAIR, MAINTENANCE AND MANAGEMENT AGREEMENT This Agreement is made and entered into this day of,J,�. 2006, by and among the Town of Avon, a Colorado municipal corporation ("Avon"), Tracr Creek Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District") and EMD Limited Liability Company, a Colorado limited liability company ("EMD"). RECITALS A. WHEREAS, the Nottingham and Puder Ditch diversion point is located on the north bank of the Eagle River at a point whence the south quarter corner of Section 8, T. 5 S., R. 81 W. of the 6th P.M. bears north 12° east 250 feet and said ditch continues generally in a northwesterly direction from its diversion point to the Town of Avon; B. WHEREAS, Avon, the District and ENID own certain water rights pertaining to the Nottingham and Puder Ditch as more particularly described in decrees entered in Case Nos. 385, 963, 1193. W-3941, W-3664 and 97CW306. C. WHEREAS, EMD's affiliate, Traer Creek LLC, is developing The Village (at Avon) project on property crossed by the Nottingham and Puder Ditch. Among other uses, the ditch may supply nonpotable water for irrigation, flow through and recreational purposes for the development and supply water to certain storage facilities; D. WHEREAS, among other uses, Avon utilizes the Nottingham and Puder Ditch to supply water to Nottingham Lake which is located down -ditch from The Village (at Avon) development; E. WHEREAS, the Nottingham and Puder Ditch has sustained some structural damage and is in need of repair, ongoing maintenance and new measuring devices in order for the parties' to convey their respective water rights through the ditch; and F. WHEREAS, Avon, the District and ENID wish to enter into this agreement in order to provide for the repair, maintenance and ongoing management of ditch operations and the allocation of costs associated therewith. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual covenants set forth herein, the parties agree as follows: 1. Ditch Repairs. The parties recognize that a new flume has recently been installed in the Nottingham and Puder Ditch. In addition, sections of the ditch need to be reworked in order to properly convey the parties' water rights. The parties may also wish to repair the heaclgate and diversion facility. (The new flume, ditch section and diversion (0002'207 /5) facilities repairs are hereinafter referred to as the "Planned Repairs".) The parties agree to meet each September to agree on a general repair plan for the Nottingham and Pudcr Ditch for the following Spring ("Annual Repairs"). In the event of an emergency, either party may take emergency steps to prevent flooding, damage to property, or damage to the ditch ("Emergency Repairs") and the parties shall then meet to discuss the situation within forty-eight (48) hours. Expenses of Planned Repairs, Annual Repairs and Emergency Repairs shall be divided between the parties as follows: Avon fifty percent (50%); the District thirty percent (30%); and EMD twenty percent (20%). Neither the District or EMD shall be liable for ditch repair costs below the point where the ditch leaves the western end of The Village (at Avon) property. 2. Routine Ditch Maintenance. The parties also agree to confer each Spring on routine ditch maintenance ("Routine Ditch Maintenance") and to either complete such maintenance themselves or contract with a third party for such work. The expenses of Routine Ditch Maintenance shall be divided between the parties as follows: Avon fifty percent (50%); the District thirty percent (30%); and EMD twenty percent (20%). Neither the District or EMD shall be liable for ditch maintenance costs below the point where the ditch leaves the western end of The Village (at Avon) property. 3. Obligation to Fund Annual Repairs and Routine Ditch Maintenance. Subject to annual appropriations, the parties recognize and agree that each is obligated to the extent of their respective cost allocations in paragraph I and paragraph 2 to reasonably approve and fund the Annual Repairs and Routine Ditch Maintenance in order to keep the ditch operable. 4. Ditch Improvements. The parties recognize, acknowledge and agree that The Village (at Avon) development requires certain nonpotable water to be delivered through the Nottingham and Puller Ditch for irrigation (including charging certain wet well facilities), flow through, recreational purposes and to supply water storage facilities. The parties agree to cooperate regarding the delivery of unused or flow through water from the development back to the Eagle River. The parties will cooperate in utilizing historic water drainage and discharge routes, the ditch system at the west end of the development property, discharges to the Metcalf Ditch or, as a last resort, discharge down -ditch to Nottingham Lake. The ditch shall not be used as a stormwater or drainage collection system and water shall not be delivered down ditch to Nottingham Lake that differs materially in quality from water historically delivered through the ditch unless such water quality is attributable to the Eagle River which is the source of the ditch. The cost of any upgrades or repairs to such discharge facilities shall be the responsibility of the District. The costs of any measuring devices or splitter boxes in the ditch at or above the western end of The Village (at Avon) property shall be divided between the parties as follows: Avon fifty percent (50%); the District thirty percent (30%); and EMD twenty percent (20%). With respect to any other major repairs, improvements or significant work including costs in excess of $50,000 ("Significant Projects"), any party desiring same ("Initiating Party") shall give notice to the other parties of the work required and the estimated cost of such work ("Cost Estimate"). Prior to undertaking Significant Projects, the parties shall agree on the scope, timing and allocation of costs ("Allocated Share") for such project and each party shall deposit its share of the costs in accordance { 00026207 / 51 2 with the escrow procedure more specifically set forth below. Notwithstanding anything to the contrary set forth herein, the District and EMD may unilaterally, and in their sole discretion, relocate or pipe the ditch in areas within The Village (at Avon) development so long as (i) the carrying capacity of the ditch is not reduced below the current piped capacity of the ditch; and (ii) the District and EMD pay the costs of such improvements. 5. Escrow Procedure. Upon the parties' agreement on the scope, timing and allocation of costs for Significant Project(s), each party shall deposit in cash, with an escrow agent, agreed upon by the parties ("Escrow Agent"), 120% of its Allocated Share to undertake the Significant Project(s), based upon the Cost Estimate. The Escrow Agent shall establish an escrow account for the purpose of funding the Significant Project(s) ("Escrow Account") to hold all cash deposits made under this Section, as well as interest earned thereon. Interest earned on amounts on deposit shall be treated in all respects as escrow funds. No portion thereof shall be subject to claims of the Escrow Agent's general creditors. Cash deposits received under this Section shall not be commingled with other funds. The parties will require the Escrow Agent to: (i) acknowledge that the District and Town are "political subdivisions" and that the Escrow Account is a "public deposit" as such terms are defined in the Public Deposit Protection Act of the State of Colorado (the "Act") and (ii) establish and maintain the Escrow Account with a "public depository" as defined in the Act. a. General Disbursement. The Initiating Party shall be entitled to request a withdrawal of funds from the Escrow Account for payment of the costs for the Significant Project(s), from time to time, in accordance with and subject to the following procedure. The Initiating Party shall copy the other parties on all communications with the Escrow Agent. All invoices and payment requests prepared in connection with the Significant Project(s) shall be delivered to the Initiating Party by the general contractor and other contractors and materials suppliers, as applicable. Upon the Initiating Party's approval of each payment request or invoice, as applicable, the Initiating Party shall transmit the request to Escrow Agent. Promptly upon receipt of approval of each payment request or invoice, Escrow Agent shall withdraw funds from the Escrow Account and make payment directly to the contractor or materials supplier, as applicable, less any retainage amount, upon receipt of: (i) the payment request or invoice and (ii) an executed mechanics lien release in a form approved by the Initiating Party. The Initiating Party shall secure the other parties' written consent to withdraw funds from the Escrow Account in excess of line item limits contained in the Cost Estimate. The Initiating Party shall provide to the Escrow Agent a copy of the other parties' written consent when submitting a request to withdraw funds that exceeds the line item limits contained in the Cost Estimate. b. Final Disbursement. If the Significant Project(s) are completed and the Escrow Agent is still holding funds in the Escrow Account, Escrow Agent shall disburse said funds to the parties based upon each party's Allocated Share within ten (10) days after receipt of: (i) in the case of the District or the Town, certification of the District or the Town, as applicable, that publication of notice of final payment has been made in accordance with statute; (ii) written approval of the final payment request by the other parties; and (iii) executed mechanics lien waiver(s). (00026207/5) 3 5 c. Retainage. The parties agree to comply with all statutory retainage provisions relating to the Significant Project(s), as applicable. d. Audit. The parties shall have the right, at their respective sole expense and at reasonable times, to conduct or to cause to be conducted an audit of the Escrow Account and all disbursements for the Significant Project(s). e. Expenses Relating to Escrow. The Escrow Agent shall be entitled to deduct from the Escrow Account all administrative fees of the Escrow Agent relating to the Escrow Account so long as the administrative fees and expenses are in accordance with Escrow Agent's fee schedule agreed to by the parties. 6. Prior Agreement. EMD and Avon's predecessor in interest, the Avon Metropolitan District, entered into a ditch repair and maintenance agreement for the Nottingham and Puder Ditch dated July 26, 1994. The parties agree that this agreement shall supersede and fully replace the 1994 ditch repair and maintenance agreement in all respects and the 1994 agreement shall, if recorded, be released. 7. Accounting for Nonpotable Uses at The Village Cat Avon). The District shall be responsible for installing necessary meters and otherwise accounting for nonpotable water use at The Village (at Avon) development. The District shall provide such accounting to the Upper Eagle Regional Water Authority to be incorporated into the accounting for the augmentation plan in Case No. 97CW306. 8. Term. The initial term of this agreement shall be from the date of this agreement until April 1, 2007. Any party may terminate this agreement by providing written notice to the other parties prior to April 1, 2007. Thereafter, this agreement shall automatically renew itself on an annual basis on April 1st of each year unless any party provides notice of termination prior to any April 1st annual renewal date. 9. Access. Nothing in this agreement shall be construed or interpreted as granting an easement, license or right of access over the real property of any other party or any of its affiliated parties. 10. Notices. All notices, requests, consents and other communications pertaining to this agreement shall be transmitted in writing and shall be deemed duly given within 3 days of mailing or when actually received by any party if hand -delivered, at their addresses below or any subsequent addresses provided to the other parties in writing: Notice to Avon: Town Manager Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 (00026207 / 5 4 (a With copy to: John W. Dunn, Esq. Dunn 8z Associates P. O. Box 7717 Avon, CO 81620 Notice to District: Triter Creek Metropolitan District Attention: President P.O. Box 640 Vail, CO 81658 With copies to: Darlene Sisneros McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, CO 80202 Richard A. Johnson Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 Notice to EMD: END Limited Liability Company Attention: Magnus Lindholm P.O. Box 640 Vail, CO 81658 With copy to: Richard A. Johnson Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 11. Covenant. This agreement is intended and shall be a covenant running with and burdening the parties' respective interests in the Nottingham and Puder Ditch and shall bind and inure to the benefit of the parties' respective successors and assigns. (00026207 / 5 I 5 12. Miscellaneous. a. This agreement is not to be construed as a contractual waiver of any immunities.or defenses provided by the Governmental Immunity Act, C.R.S. §24-10- 101 et seq.. or other statutes or common law. b. The financial obligations of Avon and the District, and of any governmental successor of any of the parties, pursuant to this agreement shall be subject to the annual budgeting and appropriation of funds therefore in accordance with Colorado law. c. This agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this agreement. d. Each person executing this agreement represents and warrants that he or she has been duly authorized by their party to execute this agreement and has authority to bind said party to the terms and conditions hereof. Executed and effective as of the date first set forth above. TOWN OF AVON, a Colorad nun cipal corporation By: Name: ?io4lAL-st) C , 1,O0Z-J=& / Title: 11/dp< TRAER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By:// -/(42,4:11-,4- f. 464e6 L it DanieF J ;.IG ary. Title: President EMD Limited Liability Company, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, its Manager B Name: Mabius Lindholm Title: President (00026707 ! 5) STATE OF COLORADO COUNTY OF lLc— ).ss. ) T1� fo -going was acknowledged before me this to— day of wlt,� , 2006, by "�°y� �" , as m of the Town of Avon, a Colora6 uy unicipal corporation, o behalf of the npany. Witness my hand anc�, ;�eal. My commission expi STATE OF COLORADO ---- h1y CommissOpires 4JJ:z � f .201 COUNTY OF ) The foregoing was acknowledged before me this ' \ clay of V•.)t ...l \y' , 2006, by Daniel J. Leary, as President of Traer Creek Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado, on behalf of the company. Witness my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF r/ '„ _ _1 ),� /�/,C.i t )ss. ) The foregoing was acknowledged before me this :� 'ccitriglonWes.C°/1 06, by Magnus Lindln.� ,�.+�,.;,sident of Lava Corporation, a Colorado corporation, Manager of EMD Li•1..M•,�'��,.mpany, a Colorado limited liability company, on behalf of of - the corpo� . ' c' � nt rxt� .+s y. itrfess my hand anal icial seal. • 'fi•r 4/8O I "`/( J %,,, _op cOk *rig My cOw!tiftlisqin.°911512409 l t -s- (00026207/5( Notary Public EXHIBIT B Meeting Minutes Nottingham-Puder Ditch Coordination Meeting Thursday, September 4, 2008 1:30 pm Location: Traer Creek Offices Attendee Jeffrey Schneider Justin Hildreth Dan Leary Meeting Notes: Affiliation TOA TOA TCMD/EMD, LLC • J. Hildreth (TOA) reviewed the 2007 Ditch Coordination Meeting minutes • J. Hildreth (TOA) notified D. Leary (TCMD/EMD, LLC) that TOA has approximately $300k in the budget for 2009 ditch improvements and that TOA staff has been directed to actively pursue implementation of the needed improvements • The ditch improvements should be concentrated in the stretch from the headgate downditch to where the ditch crosses the railroad tracks southeast of Home Depot. This area is difficult to access and repairs should be made prior to an eventual blowout. • The parties discussed the blowout that occurred recently, noting that similar conditions exist in the difficult -to -access stretch west of the headgate. • D. Leary suggested that if pipes are installed, daylight access points should be installed for access and sediment removal. • D. Leary also cited examples of self-cleaning ditches with additional diversion points to return ditch water back to the Eagle River. The diversion channel would have to be substantially cleaned -out in order to introduce enough flows for self- cleaning. • All parties generally agreed that some level of improvements need to be implemented. • D. Leary also cited a likely lack of funding for large capital outlays. Follow-up: • We will schedule a ditch walk in October to assess and evaluate areas in need of improvements • TOA will initiate communication with Union Pacific Railroad for access terms • All parties agreed that additional design and engineering work should be minimized to focus resources on improvements O HEART of the \ ALLE1 EXHIBIT C Avo Town of Avon NField Observation Report COLORADO Project: Nottingham-Puder Ditch Date: October 31, 2008 Report by: Jeffrey Schneider, P.E. Page 1 of 8 Field Observations: On October 31, 2008, Jeffrey Schneider (TOA), Justin Hildreth (TOA), Rob Janusz (TOA), and Dan Leary (TCMD) met for an annual ditch walk-through as stipulated in the Nottingham Puder Ditch Operation, Repair, and Maintenance Agreement. We began our walk-through at the eastern end of Nottingham Ranch Road, beginning the ditch walk at the headwall which directs the ditch beneath the UPRR railroad tracks towards Home Depot. The area approximately 75' downditch (west) of the entry headwall appears to be severely undercut, with undermined ditch banks. Dense vegetation and root material appears to comprise the majority of the bank material rather than soil. Significant sediment accumulation as well as beaver activity was observed. Photo 1 shows the undercut edges of the ditch. J:\CIP\Nottingham-Puder\3.0 Design\3.1 General Correspondence 10-31-08 Ditch Walk Field Observations.doc Jl HL \RT of the \ALLE\ Town of Avon AvoN Field Observation Report Page 2 of 8 COLORADO Photo 2 shows the uphill (north) edge of the ditch. Note collapsing of the ditch bank and dense vegetation. A portion of the ditch, approximately 430 feet long, is piped in a 48 -inch diameter corrugated metal pipe (CMP). Sediment deposition was observed at both the east and west pipe headwalls. Photo 3 shows the upditch entry headwall. Note the significant sediment deposition. Signs of beaver activity were also observed in this area. Photo 3: J°•CIP Nottingham-Puder\3.0 Design O.1 General Correspondence.10-31-08 Ditch Walk Field Observations.doc 12 t Field Observation Report � L OLORADO Immediately upditch (east) of the headwall, dense vegetation and bank undercutting was observed (shown in Photo 4) Approximately 300 feet upditch (east) of the pipe headwall, a large beaver dam was obstructing the ditch, as shown in Photo 5. J:''CIP',Nottingham-Puder\3.0 Design\3.I General Correspondence 10-31-08 Ditch Walk Field Observations.doc HEAART ut the \'ALLLI' _i ' Town of Avon NField Observation Report Page 4 of 8 COLORADO Also encountered in this stretch of ditch were numerous beaver dens and holes in the sides of the ditch. The elevations of the den entries were at or near the ditch bottom elevation. It appears that significant irrigation water could and does flow into the dens, increasing ditch losses. Examples are shown in photos 6 and 7. Photo 6: Beaver or rodent dens at ditch bottom The portion of the ditch near the Interstate 70 overpass consists of a concrete channel with a rectangular cross section, vertical walls, and with a ditch bottom width of approximately eight feet. Severe collapsing of the channel walls was J:\CIP'•Nottingham-Puder\3.0 Design\3.I General Correspondence'.10-31-08 Ditch Walk Field Observations doc !lr HL 1RT uI the VALLEY i Town of Avon AV 0 N Page 5 of 8 Field Observation Report COLORADO observed, with wall cave-in observed in numerous areas. The walls are not attached to the channel bottom, resulting in vegetation growing at the ditch corners and a joint that is not water tight. In some areas where the ditch sidewalls have begun to collapse, steel cross -braces have been installed spanning the ditch. The cross -braces appear to be effective in keeping the ditch walls upright, however, the presence of the cross -bracing inhibits ditch access for cleanout and maintenance by small equipment. Photos 8, 9, and 10 show the concrete channel and cross -bracing. J:\C1P\Nottingham-Puder\3.0 Design\3.1 General Correspondence'%10-31-08 Ditch Walk Field Observations.doc IS- HEART of the VALLLY _ / Town of Avon AitoN Field Observation Report COLORADO Photo 10: Page 6 of 8 Note complete wall failure in Photo 10. Finally, the headgate area was observed at the Eagle River. The headgate and overflow diversion return appear to be in generally good condition, requiring only routine sediment and debris removal. The diversion channel in the Eagle River, however, appeared to be severely obstructed with debris, rocks, and sediment, resulting in water levels higher than previously observed, according to D. Leary (TCMD) and R. Janusz (TOA). Photo 11 shows the diversion headgate. Note large trees, rocks, and sediment lining the sides of the headgate. The headgate and diversion channel area are also shown in photos 12 and 13. Note the bank sloughing in photo 13. Large tree, debris, and sediment accumulation J:\CIP\Nottingham-Puder\3.0 Design\3.I General Correspondence' 10-31-08 Ditch Walk Field Observations.doc J 1CIP,Nottingham-Puder\3.0 Design\3.I General Correspondence,.10-31-08 Ditch Walk Field Observations.doc HEAART ut thL V1 LLD \_ _i Town of Avon if 0 N Field Observation Report Page 8 of 8 COLORADO Finally, photo 14 shows the diversion channel looking upriver into the Eagle River. Note debris, high water levels, boulder obstructions and significant sediment deposition. Conclusions/Recommendations: All parties present at the ditch walk-through agreed that the ditch is severely deteriorated in areas. Areas with large beaver dams and large amounts of root material in the banks could potentially blow out, as occurred in a down -ditch stretch in the summer of 2008. Since accessing and repairing the ditch in the subject stretch is significantly more challenging due to extremely steep bank slopes and difficult access involving the UPRR right-of-way, emergency ditch repairs in this area will likely be extremely costly and time-consuming. Therefore, it is recommended that preventative improvements to selected sections be implemented to avoid blowouts, costly emergency repairs, and loss of irrigation water. Improvements should generally consist of installation of 48" pipe and access manholes for cleanout where necessary. Sediment removal should be performed, and pipe bedding should be installed to minimize pipe settling and the formation of low spots, backwaters, and sediment traps. All parties present agreed that the ditch is in need of repair, and must come to a consensus on the scope of the repairs. The Town has been attempting to improve the ditch since approximately 2004, and the ditch has continued to deteriorate since then without improvements. J:\CIP\Nottingham-Puder\3.0 Design\3.1 General Correspondence 10-31-08 Ditch Walk Field Observations.doc t\8 r Photos 1 and 2 NOTTINGHAM-PUDER DITCH •m rc, 7w -SEC�~ Q Photo 3 Photo 4 Photo 5 Photo 6 Photo 7 wtek Photos 8, 9, & 10 Photos 11, 12, 13, &14 V JANUARY 31, 2007 O to EDWARDS BUSNESS CENTER PO BOX 97 EDWARDS. COLORADO B1632 - C970) 926-3373 FAX C97O) 926-3390 /9 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Becky Lawlor, Community Relations Officer Date: November 11, 2008 Re: Holiday Contest Summary: At the October 28, 2008 meeting, staff was directed to look at alternatives for the Holiday Light Contest. It is recommended by staff that a new holiday contest/event be postponed until after the construction of Main Street. Background: Previously, the Town has held a Holiday Lights contest to help increase the holiday spirit around town. However, despite extensive publicity, the town has been unable in the past few years to generate a high level of interest or participation in the event. Therefore, the Council has requested that staff look at other alternatives for a community building holiday event. Discussion: It is my recommendation to hold off on developing a new holiday contest/event right now. I believe that the construction of Main Street will offer the town the best opportunity to develop some kind of community building holiday event and will help generate traffic on Main Street and to other businesses around town. Some ideas for a new event could indude incorporating businesses in some kind of special holiday sale evening, where businesses offer an evening of special deals, serve free hot cocoa, etc., which would encourage the community to come out to shop and mingle. Another idea might be to hold some kind of holiday event with entertainment on Main Street We can continue brainstorming on this over the next year to come up with a great new way to engage the community over the holidays. While we will not have a replacement event this year for the holiday lighting, we do still have our annual Icing on the Lake event, which is a great community builder. Financial Implications: None Town Manager Comments: