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TC Council Packet 06-26-2001
/V e e..f Michael Brown Debbie Buckley / V ' Peter Buckley Rick Cuny / Mac McDevitt I Buz Reynolds / v' Judy Yoder 1 ' Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Town Council Meetings Roll Call Check Sheet Date: 6/26/01 Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: Bill Efting Larry Brooks Burt Levin Kris Nash Jacquie Halburnt Scott Wright Jeff Layman Charlie Moore Norm Wood Meryl Jacobs Bob Reed ? Harry Taylor Mike Matzko Other Staff: I Page Two Town Council Town of Avon May 11, 2001 We wish to express our appreciation for the courtesy and cooperation extended to us by the personnel of the Town during our audit. If any clarification of the recommendation is needed or if we can be of assistance in implementing it, we will be pleased to discuss it with you at your convenience. Certified Public Accountants ioo TOWN OF AVON REGULAR COUNCIL MEETING AGENDA June 26, 2001 - 5:30 PM 1. Call to Order/ Roll Call; 2. Citizen Input a.) Salute to the USA Update (Sarah Stoutenburg-Lai) b.) Wildridge Fire Station Staffing (Charlie Moore, Fire Chief, ERFPD) c.) Appeal of Special Use Permit for Lot 88, Block 1, Wildridge Subdivision (Morgan Turner) 3. Ordinances 4. Resolutions 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the June 12, 2001 Council Meeting Minutes b.) Financial Matters c.) Approval of the Audit d.) Contract for Building Permit Plan Review Services by Linhart Petersen Powers Associates ("Lp2a") e.) Quickbeam Systems-C--ontract £) Avon Rec Center Refurbishment Construction Bids 12. Adjournment Attached for your review is the Staff Report outlining the basis for the findings and recommendations of approval for the SRU, the minutes of the meeting and Resolution 01-04 approving the SRU for a home occupation permit for childcare (Exhibits #1-3). The applicant or any aggrieved person may appeal a decision of the Planning and Zoning Commission to the Town Council. The Town Clerk received the appeal dated July 13, 2001 (sic) on June 14, 2001 filed by the Director (sic), Morgan Turner of the Villamonte at Wildridge Association on behalf of the owners in Units A, B & D. Within thirty (30) days the Town Council shall review the action of the Planning and Zoning Commission and shall in writing confirm, modify or reverse the decision of the Commission. If it deems insufficient information is available to make a decision, the Town Council shall postpone the decision for thirty (30) additional days. Failure of the Council to act within the thirty additional days shall be deemed a granting of the approval, unless the appellant consents to a time extension. If the Town Council disapproves the Planning & Zoning Commission decision, then the reasons for disapproval shall be specifically described. (Municipal Code, 17.12.100) Upon review, the Council is required to evaluate the appeal based upon the following criteria: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code, including the definition of a Home Occupation (Section 17.08.360). 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Home occupation is defined in 17.08.360 and specifically permits childcare as long as the other code requirements are met and a Colorado childcare license is issued prior to operating as a childcare in the home. The appellant alleges that the day care will produce audible noise through open windows and an outside playground. The Planning & Zoning Commission rejected this argument by stating that the intent of limiting audible noise was for equipment used in home occupations which may disturb neighbors and that the audible noise emitted from four (4) small children playing was not intended to be prohibited by the code, particularly when childcare is a specified occupation. The other argument set forth by the applicant alleges that the Planning & Zoning Commission should have required approval from the homeowner's association for a home occupation in the common area. However, this argument is without relevance. The homeowner's association is a private entity, one which government does not get involved. The private restrictions among the homeowners do not affect the municipal code requirements and are not a concern of the Town. 9 Page 2 The only common area with potential conflict is access and parking. The applicant proposed staging the drop off and pick up of the children. One of the conditions of the approval is that access not be impacted by the home occupation. The Planning & Zoning Commission informed all of the owners that in the event the terms of the SRU are violated then the use will be terminated. The permit was granted for one year to allow the childcare and will be reviewed again in June, 2002. If you have any questions regarding this matter, please do not hesitate to contact Ruth Borne, 748-4009. Recommendation: Based upon the SRU requirements and findings made by the Planning & Zoning Commission in Resolution 01-04, staff recommends affirming the SRU permit for the home occupation located at Lot 88, Block 1, Wildridge, Unit C. Proposed Motion: I make a motion to affirm Planning & Zoning Resolution No. 01- 04, Series of 2001, and denying the appeal. Town Manager Comments: (f 0,7 C u v Attachment: Staff Report for Lot 88, Block 1, Wildridge - SRU Application Planning and Zoning Resolution Draft Minutes from the Planning & Zoning meeting held on June 5, 2001 Letter of Appeal dated July 13, 2001 K Page 3 APPEAL FROM THE PLANNING AND ZONING COMMISSION RESOLUTION 01-04 APROVING A SPECIAL REVIEW USE FOR A HOME OCCUPATION AT LOT 88, BLOCK 1, UNIT C WILDRIDGE SUBDIVISION DECISION OF THE TOWN OF AVON COUNCIL WHEREAS appellant Morgan Turner, on behalf of the Villamonte at Wildridge Association, Units A, B & D has appealed the decision of the Planning and Zoning Commission approving the Special Review Use Application of Jennifer Lawler, owner of Unit C, Villamonte Townhomes for home childcare. WHEREAS a hearing on such appeal was held before the Avon Town Council on the 26th day of June, 2001; and WHEREAS upon the vote of the Town Council it was decided that the decision of the planning and zoning commission in this matter should be [confirmed] [modified] [reversed]; NOW THEREFORE, BE IT DECIDED BY THE TOWN COUNCIL OF AVON this 26th day of June, 2001, that the decision of the Planning and Zoning Commission in the above matter is: confirmed modified reversed [In cases in which the decision of the planning and zoning commission is modified or reversed, the reasons for such action shall be specifically described in the space that follows.] AVON TOWN COUNCIL Albert Reynolds Jr., Acting Mayor Town of Avon Special Review Use Staff Report June 5, 2001 Planning & Zoning Commission meeting Report Date Special Review Use Type Legal Description Zoning Address Introduction May 31, 2001 Home Occupation Lot 88, Block 1, Wildridge Subdivision Four-plex 2455 Old Trail Road Jennifer Lawler has applied for a Special Review Use for a home occupation at 2455 Old Trail Road Unit C. She is seeking approval to operate a home day care for infants and toddlers. Section 17.08.360 B. of the Zoning Code, which has been included as an attachment to this report, specifically allows for day care. The business involves customers dropping off and picking up children at the residence. The applicant proposes that there will be only three customers plus her own child for a total of four children. The hours of operation would be approximately 8:00 a.m. to 5:00 p.m., Monday through Friday. There would not be any employees other than the applicant. There would be no deliveries to the property. The State of Colorado license requirements for infant and toddler care would be complied with. One letter objecting to the proposed home day care has been received from a neighbor who lives in the four-plex. The letter has been included as an attachment to this report. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning Code. The home occupation will conform to the Wildridge PUD and the definition of Home Occupation per Section 17.08.360 which is attached to this report. A Colorado license is required to operate a child care home. In the case of infant and toddler care, the applicant is allowed to have a maximum of four (4) infants and toddlers. The State will not approve the applicant's license until she has met all the training and certification requirements as well as zoning approval from the local jurisdiction. Mrs. Lawler is proposing four (4) customers a day including her own child. Parking should not be affected. Customers would be dropping off and picking up their children. Town of Avon Community Development (970) 949-4280 Fax modem (970) 949-5749 Lot 88, Block 1, WR, SRU, page 2 June 5, 2001 Planning & Zoning Commission meeting 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. Policy A1.8 of the Comprehensive Plan states: "Home occupations that reduce commuting by residents and do not negatively impact other residents should be encouraged." A majority of the users for this home occupation reside in Wildridge. Staff does not foresee any negative impacts to Avon residents. 3. Whether the proposed use is compatible with adjacent uses. The home occupation will be compatible with the adjacent uses. There can be no more than five (5) customers per day. The applicant is proposing three (3) customers for drop off and pick up only. Parking must not interfere with access to adjacent units. Mrs. Lawler is prohibited from having any employees working on the premises. Staff Recommendation Staff recommends approval of the Special Review Use for the home day care business with five conditions: 1. No more than four (4) infants and toddlers per day are allowed. 2. Parking cannot interfere with access to adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. Recommended Motion I move to approve Resolution # 01-04 approving a Special Review Use Permit for Lot 88, Block 1, Wildridge Subdivision to establish a day care home occupation according to the plans and application dated April 24, 2001 with the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code, including the definition of a Home Occupation (Section 17.08.360). 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following five conditions: 1. No more than four (4) infants and toddlers per day are allowed. 2. Parking cannot interfere with access to adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. If you have any questions regarding this or any other project or community development issue, please call me at 748.4413 or stop by the Community Development Department. Respectfully submitted, C/G Eric Johnson, Planning Technician Town of Avon Community Development (970) 748-4030 Fax modem (970) 949-5749 V (? Minutes of Planning & Zoning Commission Regular Meeting June 5, 2001 Council Chambers Town of Avon Municipal Building 400 Benchmark Road 1. Call to Order The meeting was called to order at 5:40 p.m. II. Roll Call All Commissioners were present with the exception of Commissioner Macik. III. Additions and Amendments to the Agenda Final Design Item B, Lot 42, Block 4, 5101 Longsun Lane, Wildridge; Item C, Lot 92, Block 1, 2440 Old Trail Road, Wildridge; Item D, Lot 12, Block 2, 2841 O'Neal Spur, Wildridge were moved to the Consent Agenda. IV. Conflicts of Interest None V. Consent Agenda A. Approval of the May 15, 2001 Planning & Zoning Commission Meeting Minutes B. Lot 42, Block 4, Wildridge Project Type: Triplex Residence Applicant: ASE, Inc./Andy Schifanelli Owner: TS Properties, Inc. Address: 5101 Longsun Lane Approved with the following condition: 1. The address sign must be located outside of the 10-foot snow storage and drainage easement. 1. The grading on the north side of the property must be revised to allow for positive drainage away from the building. 2. Landscaping plan must be revised to include a drip irrigation system for all trees and shrubs. 3. Design Review Plans to be resubmitted to Staff for their review indicating what materials are being used and dimensions. VII. Special Review Use A. Lot 88, Block 1, Wildridge Project Type: Home Occupation - Day Care Applicant/Owner: Jennifer Lawler Address: 2455 Old Trail Road, Unit C Chairman Evans explained to the audience that public comment would be taken. He reviewed the criteria guidelines from the Town Zoning Code and stated the Commission will follow these in reviewing this application. Eric Johnson gave the Staff presentation stating the applicant has applied for a Special Review Use for a home occupation to operate a home day care for infants and toddlers. The business involves customers dropping off and picking up children. There would be three children plus her own child for a total of four children. Three letters have been received by the Town supporting the application and one letter opposing. Applicant, Mrs. Jennifer Lawler, made her presentation. She stated the hours of operation would be 8:00 a.m. to 5:00 p.m. three days a week. Commissioner Wolfe asked if the customers would all arrive at the same time. Mrs. Lawler said she was arranging a staggered drop off schedule and they have three parking spots. He asked if there would be additional play structures outside. Mrs. Lawler answered no permanent structures and nothing she would not be using for her own daughter. Commissioner Sipes asked if there was a site plan for this application; something which shows access and parking. Eric Johnson said we could get one. George Ruther, owner of Unit B at Lot 88 spoke. He said he was here also on behalf of the owners of Units A and D. We agree there is a need for home day care. The applicants have applied as owners of Lot C. The association includes Lots A, B, C, D and the Common Area, Lot E. We are concerned what happens on Lot E. As part owners of Lot E, we are concerned about liability. Parking must be a condition of your approval tonight. The circulation patterns on the site are tight. Vehicles now have to park out in the common driveway. We were disappointed there was not a site plan with the application and that a parking plan was not provided. Parking is a problem now and we are looking for a copy of the site plan to be recorded with this application. Minutes of P&Z Meeting June 5, 2001 Page 4 Commissioner Evans stated a site plan is not a submittal requirement for a home occupation Special Review Use application. He further said in regards to specific parking areas and liability issues, whatever covenants you have with the association are not enforceable by the Town. If you wish to enforce association issues, you need to do so with the property owners. Commissioner Sipes said conditions have been suggested in the Staff Report that parking and access cannot obstruct other owners. Mr. Ruther asked if there would be a fence placed on the property for the day care use which may be mandated by the State for licensing. Commissioner Evans responded if the State requires fencing, the applicant would have to come back to the Planning and Zoning Commission with an application for a fence. Dominic Muriello spoke. He has a contract to purchase one of the units. He asked if the condition could be revised in regard to the number of infants. It should read three infants in addition to their own to make it more clear. Also, that a condition be added which requires the times to be staggered for dropping off children. In regards to Criteria A, it states: does not produce noise audible outside the dwelling unit. If the children are in the outside play area, there will be noise. He also would like to see a site plan for parking. Commissioner Sipes said your issues are valid; however, the parking issues should be addressed with your association. He would like to see the motion state four total infants or toddlers. Morgan Turner, owner of Unit D, said we have met as an association and declined to approve this and now are being forced to go through this with the Town. We have bylaws against this. The city needs to adopt criteria that helps address this type situation. The Town of Vail would not accept an application without a 100% approval from a multi-family dwelling. We are going to end up in a civil problem. Chairman Evans said the Board cannot enforce the association bylaws. Commissioner Karow stated the criteria for review have been met and the five conditions stated in the Staff Report should address the concerns. We should amend Item 1 to say no more than four total infants and toddlers inclusive per day are allowed. Commissioner Wolfe proposed the condition that the SRU be for one year and would be subject to review. Chairman Evans commented if the noise were mechanical, we should address it; but children outside in a residential neighborhood is not violating the condition. He hoped the parking problems could be worked out by the association members. The applicant cannot interfere with the parking and if they do, it would be in violation of the permit. The liability issues are not part of our review criteria. Minutes of P&Z Meeting June 5, 2001 Page 5 Commissioner Karow moved to approve Resolution #01-04 approving a Special Review Use Permit for Lot 88, Block 1, Unit C, Wildridge Subdivision to establish a day care home occupation according to the application dated April 24, 2001 with the following findings and subject to the following six conditions: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code, including the definition of a Home Occupation (Section 17.08.360). 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following six conditions: 1. No more than four (4) total infants and toddlers inclusive per day allowed. 2. Parking cannot interfere with access to adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. 6. Approval is valid for one year, expiring June 5, 2002. Renewal is subject to Planning and Zoning Commission review. Commissioner Wolfe seconded the motion. The motion carried unanimously. VIII. Sign Variance A. Tract B-2, Block 2, Benchmark at Beaver Creek Project Type: Tenant Sign Applicant/Owner: Chapel Square LLC/Palmos Address: 230 Chapel Place, Units 208 & 209 Eric Johnson gave the Staff presentation. He stated the applicant has applied for variances for tenant signs for the Vail Valley Trading and Loan. The variance is seeking approval for an increase in the sign dimensions from the Master Sign Program and to relocate an existing cabinet sign to a post in between the two archways. Staff recommends approval for the following reasons: 1. The tenant has a pre-existing sign that conformed to the sign code prior to redevelopment of the building. The proposed tenant sign will conform to all of the MSP program criteria with the exception of an increase of 12 square feet in overall sign dimensions. (15.28.090 13.3.b.ii). 2. The lease agreement is binding the landlord and this is the proposed compromise (15.28.090 B.3.b.ii). Applicant, Terry Palmos, made no presentation. Commissioner Wolfe said he understands the logo is very important to the owner but what you are asking is a significant deviation from anything else that is in the area. If the two larger sizes were Minutes of P&Z Meeting June 5, 2001 Page 6 Date: July 13, 2001 TO: Avon Town Council RE: Special Use Permit This appeal is on behalf of the owners of 2455 Old Trail Road Units AB&D in regards to the approval of a Special Use Permit (Owner Occupation) to Unit C in this Four-Plex (Lot 88,Block 1,Wildridge Subdivision). We believe that before a permit should be issued, in a Four-Plex or any multi- family unit, an approval of the homeowners, Lot 88E Block 1 in our case, should be required. Our homeowners association rules currently do not allow business use-home occupation-of the common area, lot 88E. If the owners of Unit C try to use this common area without approval, the association will have no choice but to enforce the current bylaws and stop them through civil action. We do not want this to happen,. This process seems backward: If association approval had occurred before the permit process began, it would have saved your planning board and staff a great amount of time. We further believe that this day care would be in violation of city zoning Code 17.08.360 section A. It will produce audible outside noise through open windows and outside playground. Thank you for your consideration VILLAMONTE AT WILDRIDGE ASSOCIATION Morg Turner Director Enclosure: Check -- ^,: ?? AVON D1 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 01-04 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A HOME OCCUPATION FOR A DAYCARE BUSINESS AT LOT 88, BLOCK 1, UNIT C, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Jennifer Lawler, owner of Lot 88, Block 1, Unit C, Wildridge Subdivision has applied for a Special Review Use permit to establish a home occupation for a day care business as described in the application dated April 24, 2001 as stipulated in Title 17.08.360 of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use for a day care home occupation as described in the application dated April 24, 2001 as stipulated in Title 17.08.360 of the Avon Municipal Code for Lot 88C, Block 1, Wildridge Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the Zoning Code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following conditions: 1. No more than four (4) total infants and toddlers inclusive per day are allowed. 2. Parking cannot interfere with access to the adjacent units. 3. No employees shall be allowed to work on the property on a regular basis. 4. A State of Colorado license for infant and toddler day care is required. 5. A Town of Avon Business License is required. 6. Approval is valid for one year and renewal is subject to Planning and Zoning Commission review. ADOPTED THIS 5th DAY OF JUNE, 2001 Signed• f - ?'- ??? Date: Chris Evans, Chair Attest.X&I44 Date: Paul Klein, Secretary MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 22, 2001 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken with Councilors Debbie Buckley, Peter Buckley, Rick Cuny, and Mac McDevitt present. Councilor Michael Brown and Mayor Protem Buz Reynolds were absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resources Director Jacquie Halburnt, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Asst. Director of Community Development Ruth Borne as well as members of the public. Citizen Input: Real Estate Transfer Tax Appeal, Leo Palmos, Chapel Square, Units 229 and 205. Mr. Don Schaper was present on behalf of the applicants and made his presentation to the Council. Mr. Schaper stated that Units 205, 224 and 226 were purchased by the McLain family in 1999. He stated that two of the units were side by side and the other was at the other end of the hallway. The McClaine's requested to transfer unit 205 to unit 229, which is right across the hall from the other two units. Unit 205 is the exact same unit as 229. Mr. Schaper stated that as far as they were concerned it was a modification of the contract and there was no profit motive. They did not realize that they would have to pay a transfer tax on this transaction. Thus, they are before the Council to appeal the decision. Town Attorney Levin stated that our code states that if there is a transfer of ownership then there is a transfer tax owed unless the amount is $500.00 or less. He stated in this instance both properties have value in excess of $500,000. He stated that this transfer is not a gift for $500.00 or less. There is a transfer of unit 205 in exchange for unit 229, which is worth over $200,000. He stated that there is two taxable transfers in this case. The exemption that they are relying on would require that there be a transfer, evidenced by deed made and delivered, without consideration for the purpose of confirming, correcting, modifying, or supplementing a transfer previously recorded. He also stated there is an exception in the code that they were relying on stating where deed evidence by a deed made and delivered without consideration making minor boundary adjustments, removing clouts, title, granting easements, rights-of-ways, or licenses., He stated that none of that is applicable. The fact that the two properties are related in the same building is irrelevant, as is the fact that two transfers are happening at the same time. He stated that the only thing that is relevant is the transfer of unit 205 is in consideration of the owner to apply receiving property with a value of $200,000 plus dollars, namely unit 229. Mr. Levin stated that is why he turned down the request for exemption. Councilor Peter Buckley questioned what was transferred since Mr. Levin stated over $200,000 and Mr. Schaper stated $1.00. Mr. Schaper stated that transfer was made for $1.00. There was no compensation, no consideration, and no profit motive. Mr. Levin stated the paperwork submitted by the applicant is based on a contract with units valuing over $200,000. Mr. Schaper stated that the McLaine's bought unit 205 and paid a transfer tax when the unit was purchased, subsequently unit 205 was sold one month later and a transfer tax was again paid on that unit. He stated that they feel that is more than fair to be enough. Mr. Levin stated that the code states the tax is on 2% of the consideration for the transferring. Mr. Schaper stated they are considering this to be a modification to the contract. He stated the units are exactly the same, and that they did this strictly as an accommodation. Mayor Yoder stated that if she wanted to switch units with her neighbor on the other side of her duplex, she would still owe a transfer tax. She felt that this situation would not be any different except that they are a developer still selling units. Mayor Yoder also stated that this has been a year and a half. Councilor Cuny agreed that a year and a half is a long time to modify a contract. Councilor Debbie Buckley motioned to disapprove the appeal of the transfer tax. Councilor Cuny seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Town Engineer Norm Wood stated that the subdivision process is a lengthy process. He stated that the agreement addressed a lot of conditions for going forward with the development. One condition was that 40% of the site could be developed prior to the construction of the I-70 interchange and the connecting road to Highway 6. He stated Regular Council Meeting June 12, 2001 f that the current preliminary plan has some amendments. The developer is currently proposing to build the I-70 interchange/Highway 6 connections as the first phase of development. There is also proposed amendment to the previous development and annexation agreement with regards to some of the conditions. He stated there is also a minor amendment to the PUD sketch plan that makes adjustments for the development area on the east end of the site in conjunction with the I-70 interchange/Highway 6 connection. From this, their conditions recommend approval of the preliminary plan. Then the next step would be the final plat step, a subdivision improvements agreement, and finally the actual building permit process. Assistant Director of Community Development Ruth Borne stated that Traer Creek has submitted a subdivision application for the preliminary plan for The Village (at Avon) Filing 1. The submittal includes a request for a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for over lot grading to be issued prior to approval of a final subdivision plat. She stated that the PUD has been revised to evidence the changes to the road alignments and planning areas. Copies of the plan were submitted to the Colorado Department of Transportation, Eagle County Engineer's Office, Eagle River Fire Protection District, and Eagle River Water and Sanitation District. She stated that most of their comments have been incorporated into the resolution. She added that staff has also incorporated responses received by the public at previous meetings. She stated that the proposed changes are: 1.) Temporary Construction Access: The Stonebridge Drive access may only be used as an alternative for construction access in the event that both the I-70 ramps and the Nottingham Ranch Road bridge are not available. The road maybe only be used for six consecutive months and must be restored to previously condition or better. A traffic control plan will also be implement. 2.) Dust Control: This will include an Air Quality Monitoring and Control Plan as approved by the Town. A grading permit and security deposit will be required prior to commencement of over lot grading. The developer will also put a berm in front of the rock crusher, which will now be located approximately 900 feet away from any properties. 3.) Subdivision Improvements Agreement: This must be approved by the Town along with corresponding security to ensure compliance with construction of roads and infrastructure improvements. 4.) Dedication of Lot 5, Public Works Site: The Village will be required to dedicate and transfer title of Filing 1, Lot 5 for use as a public works site. Ms. Borne stated that in the event the Council does not act on the preliminary plan at this meeting, the plan is conditionally approved in accordance with the Town code. She stated that staff recommends approval of this resolution. Mayor Yoder summarized letters received by citizens that are made a part of these minutes. She also stated that she received a telephone call from Ms. Lolita Higby who objects to the Stonebridge access. Mr. Roger Wilkinson, resident at 4422 Eaglebend Drive, stated that the Stonebridge Drive access is unacceptable to the homeowners and requests the Town Council to allow the developer to use the existing E. Beaver Creek Blvd. as their backup access and repeal Regular Council Meeting June 12, 2001 Ordinance 98-13, which prohibits construction vehicles currently from that road. His second concern is the increase of traffic on Eaglebend Drive. He would like to see the east end of that road be made a cul-de-sac/dead end road. He also thanked the developer for relocating the rock crusher, which will now have minimal effect to the residents on Eaglebend Drive. Mayor Yoder requested a petition from all effected on Eaglebend Drive if they wish to have their street turned into a dead end street. Mr. Bobby Bank, resident of Eaglebend Drive, stated that he is concerned with the Stonebridge Drive access and that it makes much more sense to run the trucks through E. Beaver Creek Blvd. where there is already commercial traffic. He would also like to see Eaglebend Drive become a dead end. Mr. Paul Miller, resident of Eaglebend Drive, is concerned that the temporary road would become a permanent road through the life of the development. He felt it was crazy to run construction traffic through a residential neighborhood when there is a perfectly good commercial road already. Mr. Bill Post, representing Traer Creek, LLC, stated that the purpose of the Stonebridge Drive access is a third backup so that if anything happens to the two planned routes, there will be a way to access their property. He stated that they hope to never have to build this access; the cost is $125,000 to $150,000. Mr. Walter Dandy, resident of Eaglebend Drive, questioned if Councilor Cuny should recuse himself from voting on this resolution since he is a business owner on E. Beaver Creek Blvd. and is effected by the traffic. Mr. Cuny stated he would probably step down if the Council decided to turn over the existing ordinance regarding the use of E. Beaver Creek Blvd. Mr. Dandy felt traffic should run through E. Beaver Creek Blvd because it is already commercial. There are too many children on Stonebridge Drive and in that neighborhood. Mr. Dandy proposes a gate be installed on Eaglebend Drive for the residents. Ms. Nancy Bruen, community manager of Eaglebend Apartments, stated that her biggest concern is safety and that Eaglebend Apartments is not prepared to deal with a safety issue because there are so many children at the complex and the developer is proposing to run construction trucks through their neighborhood. Mr. Post stated that they could install a fence around the playground, or put a guard out, or set hours that construction traffic could run through. Mr. Bruce Drumm, resident of 4570 Eaglebend Drive, passed out a map that has been made a part of these minutes. He questioned why the Swift Gulch access could not still be used. Town Engineer Wood stated that since the I-70 interchange would now begin construction earlier than planned, it does not allow construction traffic to run under the interstate during construction of the interchange. Mr. Drumm stated that the most Regular Council Meeting June 12, 2001 important concern of his is the Stonebridge Drive access. He asked the Council to not allow Stonebridge Drive to be used as any access whatsoever. He added that there are too many children in the neighborhood. He asked the Council to reconsider using E. Beaver Creek Blvd. He also requested that Eaglebend Drive be limited by either a gate or a dead end. Ms. Christie Ferraro, resident of Eaglebend Drive, felt that the Town is not being very good neighbors to the surrounding communities by having traffic come down Highway 6 from Mintum, and that everyone will be more affected by that than if the traffic went through the roundabouts. Ms. Jill Johnson, resident of Eaglebend Drive, confirmed that the Stonebridge Drive access could only be used for 6 contiguous months, and questioned if they could renew that 6 months later. Mr. Levin stated that in this resolution it states only 6 months, but that does not preclude the Council, at a later date, allowing for another 6 months. They would have to come back and ask the Council for that permission. Mr. Post stated that they are not going to touch the Lafarge bridge until they are in a position to rebuild it and also build the interchange so that they will both happen simultaneously. That will happen after final subdivision approval He stated that this access would only happen in the event that they have no other access. Mr. John LaRue, resident of Eaglebend Drive, questioned if the Council would consider the use E. Beaver Creek Blvd. since it will only be in the event of an emergency. He stated that his other concern is the traffic on Eaglebend Drive after the Lafarge bridge is built. He would like to see that road a dead end. Ms. Chris Ekrem, resident of 4130 Eaglebend Drive, stated the Council should approve the resolution with the deletion of the portion dealing with the Stonebridge Drive access until the issue can be solved to everyone's satisfaction. Ms. Ekrem stated that the developer should provide a topographical model. She also requested the Town engineering department look at the elevations of the interchange. Ms. Ekrem also felt that the Swift Gulch road could be installed and the access could be under the interstate where there is currently now an access, behind the old Nottingham home. Mr. Post stated that he was not aware of such an access, but would investigate it. Ms Ekrem stated that the turning radius on the Stonebridge Drive access is not large enough for the big trucks. Mr. Kent Krien, engineer for the developer, stated that they have done studies and that trucks can make it. He stated in terms of geometry, it is awkward. Regular Council Meeting June 12, 2001 Mr. Bruce Drumm stated that he also asked for a topographical map. He also stated that the access on E. Beaver Creek Blvd. would be no cost to the developer. He stated the money saved on using E. Beaver Creek Blvd. could be used to develop a topographical map. Mr. Post stated that they do plan on creating models in phase two when they start doing the residential and commercial layouts. Councilor Curly questioned the procedure for vacating or overturning an ordinance. Mr. Levin stated repeal the ordinance. Mr. Curly stated that he is sympathetic to the resident's concern. He was before the Council in 1998 when 100% of the traffic was to come down E. Beaver Creek Blvd. Mr. Cuny stated that, on behalf of himself, he could live with the Council allowing the traffic going down E. Beaver Creek Blvd. for six months. He did state that they could not decide that tonight without first notifying the business owners on E. Beaver Creek Blvd. Mr. Post stated that he does not care which way the Council decides to go but asked the Council to pass the resolution so that they would know they have the access. Then they would be happy to have more meetings and revoke the Stonebridge access without any challenge if the Council decides they would rather have them come in on E. Beaver Creek Blvd. That way they will know they have a backup plan in place. He stated that on the record, they would agree, if the Council decides they want them to go down E. Beaver Creek Blvd. after they hold hearings, then they will agree to take out the use of the Stonebridge Drive access but use the E. Beaver Creek Blvd. access. Ms. Carol Kreuger, resident of Eaglebend Drive, stated the developer did a good job in their request for information and proposing alternatives. She supports not using the Stonebridge access. She is also in favor of maintaining the residential character of the neighborhood whether by cul-de-sac or other. There being no further public from the comments, Mayor Yoder asked for comments from the Council. Councilor McDevitt questioned how the construction traffic accessed Chapel Square. He was told by E. Beaver Creek Blvd. He felt if they used that street, he did not see a problem for that to be a third potential here. Mayor Yoder felt the circumstance has changed since the original agreement, because then they thought all the construction traffic was going to come through E. Beaver Creek Blvd. Councilor Debbie Buckley stated that she did not have a problem changing it to E. Beaver Creek Blvd., but another public session should be held so people are aware of this. She suggested they pass the resolution tonight with amendment and hold another public meeting. Regular Council Meeting June 12, 2001 Mr. Levin stated that the Council could pass the resolution with amendment. Mr. Post suggested that the resolution be passed stating that they get to use Stonebridge Drive or E. Beaver Creek Blvd., which will be determined by the Town Council within 90 days. Council felt that was acceptable. Councilor McDevitt motioned to amend the resolution in the Temporary Construction Access paragraph to state the access will be either by Stonebridge Drive or E. Beaver Creek Blvd, and the Council will determine that within 90 days. Councilor Cuny seconded the motion. Town Engineer Norm Wood suggested an amendment under the Permit for Work Within Public Right of Way paragraph. He suggested adding number 3 to that item stating a temporary access permit may be issued by the Town for the use of E. Beaver Creek Blvd. in lieu of the Stonebridge Drive access at the sole discretion of the Town. Such decision will be made within 90 days of this approval. He stated this would track right with the resolution. Ms. Ferraro stated that she felt the first motion is better because Mr. Wood's sounds like they can do it if they feel like it. The motion states that you will do it within 90 days. The Council decided to vote on the motion made by Councilor McDevitt. The motion carried unanimously. Mr. Levin stated that the Council has voted on the amendment to the resolution, now they need to vote on the amended resolution. Councilor Cuny motioned to approve Resolution No. 01-09, Series of 2001, as amended. Councilor Debbie Buckley seconded the motion. The motion carried unanimously. Mayor Report: Mayor Yoder stated that she would be absent from the June 26, 2001 Council Meeting and that Mayor Protein Reynolds would be in charge. Consent Agenda: a.) Approval of the May 22, 2001 Council Meeting Minutes b.) Agreement with Poor Boy Productions for Avon Summerfest c.) Contract with A Great Time DJ's for Holiday Party d.) Contract with The Robinn Lange Stage Hypnosis Show for Holiday Party e.) Contract with ThyssenKrupp Elevator for Elevator Maintenance Regular Council Meeting June 12, 2001 Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor McDevitt seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Debbie Buckley motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 7:17 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting June 12, 2001 JUri. 11. ?UU1 4 ?UrM U1111J11L Lvvlrl riv. Liyi r. L ;421 Bill Efting Town of Avon City Manager Avon, CO 81620 June 11, 2001 RE: Avon Village Construction Dear Bill, Recently it has Come to my attention that there is a renewed effort to divert on going construction traffic for the above referenced project, to utilize the existing city streets of Avon. I am herein reiterating my most extreme opposition to any such consideration. If you recall during public hearings for this project, there were many objections, but perhaps the most vehement was that of dealing with construction traffic for 10 plus years, perhaps longer. This letter will serve to reemphasize the strongest opposition to this premise, by the Christie Lodge and its many thousands of owners. We can in no way accept the construction traffic of such volume and expect the "Quiet Enjoyment" of our owners in regard to the real estate they own. Secondarily, it makes no sense to finally elevate to Town of Avon to its present level of beautiful esthetics and let it be destroyed for some one, else's multi-million dollar profit motive. It is my contention that any such consideration is in fact a reconsideration of the master agreement approved by the counsel for the entirety of the Village Project. My objections and problems with this project are well known by you, nothing has changed that opinion. If in fact we are revisiting this agreement, then I see no other way except to revisit those procedures, which call for considerable public input. If construction traffic is allowed to freely move on East Beaver Creek Boulevard, I as the registered agent for this Home Owners Association, will absolutely have no choice but to oppose it by any means available to us. However, at this time I have full confidence*in the city counsels ability to recognize the total negative ramifications relative to construction traffic and the existing final agreement. Aside from that, I very much appreciate, over the past months and years, your input and respect for this Home Owners Association's opinions and input, and your always-willing ear on various civic subjects. If I can be of any further service on this or other issues please be reassured I will try to make a positive contribution. g Director Lodge P.O. Box 1196. Awn, CO 81620-1196 • (970) 949-7700 r? l ov- ? ?,JwL to ,arc I Of ill k „ J COD - -lq - `ta`i l ??o,n ? s?d?.?- ?.-?nd ?rna-ou?,tie?. , UDD,? P?C9 f e s ?j rl-I { to 1 Cbv"c,u `nS 04,Q f .2 '`fitCu; Con' c?{'+? O:?PiW2 j?rvsa? C6 0' c C\[ vs:?c r C c\ ? 'L c ca Jc.??v.? ?t? s 4 o i r?t?? ? vvta -ear o? `?1 vt? rtio-4,e- A-ib 4-e> V ve: &r\ a s,lt,-z s nAc r -- s ?e c ocby„?.-z? 1 R, s-ei ? e s tc?,?? 5 c? ?Lt?- go&kl V-;4 c, vsV.P-xs ?? C?,k---> - o 1cq- c.??c,rla 1ocG,?-e?c CLAA6 Apk yac w Cu t teA?- d t s '? 5 .--F\ Y#-Ls J o?ruxc,6 ow,s y x& ?o c .bv? n lj t n t,,2 t?? Otto?J? Cl?.il-? G F? '? o C1? - I CC;,r s Cc?vt .rQC ocl,??z'? ? ????r??. ?- re cold t ? oy. O jeka,?? ? t r 5 t 2?? `? s?e., Y?R-Je?? ?t?c t A-> ?(? S S Cv?pckd YwG?, Ctn. -?510? O-4ey Ccv? = -J U u o,? O-CCL°SS C/7J n t e 'fie s \?,=j a CC?e ss ?Onl ? s 4jr.6D F) ??} :12 do nab- ?, ?.1? il?f?l 11 Y'N-A Jr O 1N 'Q t7?/kGt ?Y J r, tS '?Y G? l on? °L?c?vQ c?,, AI ' `??fF,Jt Sio r`S ' - CGS ` T "k--f nS, Nlh, !tomOv` -fWD v \'? /n?aac t3 ?7 •?k .C,"s , W -( G ,,,vk a p p-(O toj "P4 (D f` ? d 1h Sit lic ? O r- ?f ?? ? Vv/ 1L/ V1 lUn 1L: Y4 re.A Llv va4 OJGO llm ffil:?.l'CYIl"y Y Lwj VVL QVL L o J v-r,? Ao V f o I4-CA- q p-, '?'CS?t? Dk ?v,n , 1?1C_rvs?Vt. e? `-1?75-? ? l?S ?WG\???5 t L/V,C? agQ-O- , u? ©,.. Q? le- Wi t ? &OLc4-, cad, •? I?Q? W vs 've5A 40 CTFVD4eA sY? -Qov av\Cc ?iV ? S LJ ? T ?1 ?. Y' F?G?`C. C?? C?/?,•S ? 6 L? ? ^?C?J•r', ?vJ?1 1? ?? oar shy C?- O?SSv,r?. CCCC UJ?, ?h???? SuY4l.L Dyo- V?? ?-OvY 1? S `Tt1J ?p y. rv+? 1 C `? ?SlL? assoJ,e cl-t.&c. a v cG ?.w-Q`Qy . ^TJ OJP.,( tj?Q.? C1J'?- GJ?? w?-U.? LJ { C brk?rk,,?,?? 'a-O 4'C1'?u? I r- G ??, ? t•? ve: d ti y ?c?c o ? V (?/ 0 } v T z F ? v i h 0 t _we% d y y 4A ? AY Q FINANCIAL MATTERS June 26, 2001 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed:6/1/01 For: May, 2001 Page1 of 2 Permit Purpose: Expand SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $39,645.00 # of Bldgs: 1 # of Units:1 Permit Charges: $1,233.37 Permit Purpose: New SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 3 Construction Value: $1,195,649.00 # of Bldgs: 2 # of Units: 3 Permit Charges: $16,328.67 Permit Purpose: Repair/Remodel Comm/Indust Public: Bldg. Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $8,000.00 # of Bldgs: # of Units: Permit Charges: $394.72 Permit Purpose: Repair/Remodel MF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $175,000.00 # of Bldgs: # of Units: Permit Charges: $1,413.75 Permit Purpose: Repair/Remodel SF Residential Permit Tally Printed:6/1/01 For: May, 2001 Page2 of 2 Permit Purpose: Repair/Remodel SF Residential Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $20,000.00 # of Bldgs: # of Units: Permit Charges: $618.25 Totals: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 9 Construction Value: $1,438,294.00 # of Bldgs:3 # of Units: 4 Permit Charges: $19,988.76 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2001 Purchaser Name Property Fogg/West/Illanes/Trementozzi/Carson Chapel Square #BR209 Baskin Avon Lake Villas #C4 Adams The Seasons at Avon #524 Perry Agnic Holiday Resales Bossart Starwood Vacation Eagle County Title Jones The Star Tree Trust Schaefer/Mcelroy/Bailey/Houghlin Fleming Hibbard Starwood Vacation Haller Jr/ Rice Robb Jr/ Matsen Eagle County Title Dee Bikowski Holiday Resales Feinberg Avon Lake Villas #Y2 Sonnen Halde Condo #3B Falcon Pointe Timeshares Seasons at Avon #412 Lakeside Terrace Timeshare Falcon Pointe/Christie Lodge Chapel Square #BR402 Lot 20 Mountain Star Edgeview Villas Lot 2 Blk 2 WR Lot 71 Blk 4 WR Canyon Run #E102 Lakeside Terrace Timeshares Sunridge #B104 Lot 46 Blk 4 WR Christie Lodge Timeshares Lot 24B Blk 2 WR Avon Crossing #4213 Christie Lodge Timeshares Lot 10 Blk 1 WR Amount of RETT Received $259,162.60 $4,980.00 $3,900.00 $6,700.00 $4,700.00 $500.00 $534.00 $400.00 $150.00 $1,397.40 $3,780.00 $27,500.00 $10,400.00 $5,000.00 $7,280.00 $1,407.70 $2,490.00 $4,160.00 $752.80 $7,600.00 $4,050.00 $40.00 $7,100.00 1 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2001 Purchaser Name Epifanio Rewold/Thuon Garthwaite Frerecks Property Lot 55A Blk 1 WR Lot 80b Elk Run Avon Lake Villas #C2 Lot 10 Eaglebend Total through May Amount of RETT Received $3,450.00 $2,500.00 $3,480.00 $2,900.00 TOWN OF AVON SALES TAX BY MONTH 1997 96'-97'% 1998 Change January 377,597.32 13.67% 379,424.41 February 362,516.58 10.86% 378,112.00 March 468,675.51 14.88% 460,191.56 April 265,356.48 4.91% 310,197.72 May 241,012.56 8.53% 249,079.90 June 313,116.79 5.03% 337,562.03 July 353,101.99 5.37% 370,086.73 August 338,134.48 4.22% 363,110.96 September 319,410.91 5.58% 333,508.38 October 263,685.99 -0.89% 305,035.11 November 339,200.41 18.94% 335,073.59 December 533,904.08 4.86% 550,077.22 97'-98'% 1999 98'-99'% 2000 991-001% 2001 00'-01% Total5-Yr Change Change Change Change % Increas- 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 8.11% 4.30% 397,323.16 5.08% 397,291.59 -0.01% 401,384.50 1.03% 10.72% -1.81% 474,933.06 3.20% 457,053.94 -3.76% 503,411.30 10.14% 7.41% 16.90% 302,864.19 -2.36% 337,087.43 11.30% 344,079.71 2.07% 29.67% 3.35% 265,405.35 6.55% 286,191.36 7.83% - -100.00% -100.00% 7.81% 395,755.68 17.24% 398,869.89 0.79% -100.00% -100.00% 4.81% 395,954.38 6.99% 415,978.51 5.06% -100.00% -100.00% 7.39% 366,648.94 0.97% 400,447.52 9.22% -100.00% -100.00% 4.41% 364,432.54 9.27% 375,400.90 3.01% -100.00% -100.00% 15.68% 295,541.62 -3.11% 320,796.00 8.55% -100.00% -100.00% -1.22% 320,335.28 -4.40% 329,170.99 2.76% -100.00% -100.00% 3.03% 564,813.35 2.68% 607,777.58 7.61% -100.00% -100.00% YTD Total 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 4,685,787.59 3.46% 1,657,092.67 6.83% 12.41% YTD Through April Collections 1997-2001 350,000.00 ?n 14k c. 000.00 300 - ,.? --- ----- -- - -- , 250,000.00 _. T t 200,000.00 150,000.00 100,000.00 -- - - - -- - - 50,000.00 ,.. ft -t ` 3Dd?/ 1997 1998 1999 2000 2001 Year Monthly Collections for April 1997-2001 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 1997 1998 1999 2000 2001 TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1997 96'-97% 1998 97'-98% 1999 98'-99% 2000 99'-00'% 2001 00'-01'% Total5-Yr Change Change Change Change Change % Increase January 39,958.27 5.75% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% -10.12% February 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% -6.99% March 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% -12.08% April 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 2.55% May 8,759.53 30.67% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% - -100.00% -100.00% June 13,982.39 10.68% 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% -100.00% -100.00% July 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% -100.00% -100.00% August 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% -100.00% -100.00% September 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 24.37% -100.00% -100.00% October 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% -100.00% -100.00% November 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% -100.00% -100.00% December 40,000.05 18.97% 32,602.89 -113.49% 25,606.29 -21.46% 32,309.50 26.18% -100.00% -100.00% YTD Total 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 145,638.94 33.05% -9.07% YTD Through April Collections 1997-2001 180,000.00 160,000.00 140,000.00 120,000.00 100,000.00 80,000.00 60,000.00 40,000.00 20,000.00 Monthly Collections for April 1997-2001 1997 1998 1999 2000 2001 Year AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into as of the 26th day of June , 2001, by and between the Town of Avon ("Town") and Linhart Petersen Powers Associates ("Consultant"). WHEREAS, Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render the professional services described herein on the following terms and conditions. NOW, THEREFORE, the parties agree as follows: Scope of Services: The Consultant shall furnish the following services in a professional manner: "Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the Town through its staff that it may provide from time to time." 2. Time of Performance: The services of Consultant are to commence upon execution of this Agreement and shall continue until the Town approves all authorized work. Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control. 3. Compensation: Compensation to be paid to Consultant shall be in accordance with the Schedule of Fees set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by Town under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the Town at the time of payment. 4. Method of Payment: Consultant shall submit monthly billings to Town describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, and a description of any reimbursable expenditures. Town shall pay Consultant no later than 30 days after approval of the monthly invoice by Town staff. 90% of Consultant's fee will be billed following the issuance of the building permit. The remaining 10% will be billed upon issuance of the temporary certificate of occupancy. If project becomes inactive or a building permit is not pulled, the total fee (100%) may be billed 120 days after the first plan review was completed. MASTERPC. DOC REVISED 7198 EXHIBIT B SCHEDULE OF FEES PLAN REVIEW Basic Fees: For complete plan review of project performed in LPZA's offices, fee will equal 65% of the plan check fee collected by the Jurisdiction. This basic fee will include minor revisions. Major revisions will be charged on an hourly basis per our then-current hourly rate schedule (Exhibit C). 90% of our fee will be billed following the issuance of the Building Permit. The remaining 10% will be billed upon issuance of the Temporary Certificate of Occupancy. If project becomes inactive or a building permit is not pulled, the total fee (100%) may be billed 120 days after the first plan review was completed. Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager I -et- From: Norm Wood Acting Director of Community Development Ruth Borne, Asst. Director Community Development Date June 21, 2001 Re: Contract for Building Permit Plan Review Services by Linhart Petersen Powers Associates ("Lp2a") Summary: As a result of the continuing complex building permit applications and unforeseen time demands, staff is recommending a consultant be retained to review some of the more complicated construction projects. Lp2a has submitted an Agreement for Professional Services ("Agreement") along with copies of their qualifications. The fee is equal to 65% of the plan check fee, which is a standard procedure in this industry. This includes all minor revisions. On major revisions, the building permit applicant is responsible for the additional costs. Lp2a has been in the plan review business for several years. George Hoyt, Avon Building Official, has worked with this firm on the Ritz Carlton @ Bachelor Gulch while he was employed with Eagle County. On April 27, 2001, CSC Land LLC submitted a building permit application for L'Auberge, formerly known as Chateau St. Claire. The Agreement will ensure a complete review is performed without causing us to hire additional staff for L'Auberge and other similarly situated projects. The plan check fee for L'Auberge was $32,198.08 and 65% of that fee is $20,928.75. Recommendation: Staff recommends approval of the Lp2a Agreement for building permit plan review services. Proposed Motion: I make a motion to approve the Agreement for building permit plan review services for Lp2a. Town Manager Comments: j? Y ?6?lCuv Attachment: Agreement from Lp2a Lp2a Qualifications JUN.19.2001 2:27PM LP2A PLEASANTON NO.636 P.1111 TRANSMITTAL till LIN'HART PETERSEN POWERS ASSOCIATES 5798 Stoneridge Mall Road - Suite 201 Pleasanton, CA 94588 FAX (925) 463.9796 (925) 463.9775 Date: June 19, 2001 To: Ruth Borth From: Nancy Cox FAX # (970) 949.5749 JOB #: OPERATOR: NC TIME: 3.23 PM 0 FAX 0 MAIL ? FEDEX ? OVERNIGHT ? UPS ? MESSENGER ? ORIGINAL TO ? NO ORIGINAL FOLLOW TO FOLLOW Number of pages including cover sheet: 11 RE: Copy of revised Agreement for plan checking services. Please call if you have any questions. ° This document Is Intended ony forme Individual or entity to which n Is addressed, and ?na y contain Information M0 Is plMl6900, canflderdfal end exempt from disclosure under oppltceble law. Ifyou are not the Intended reciplent, or the employee or agent responsible for delivering the massage to the intended racipfsA you are hereby noQlJad that dissemination or copying of this communicstlon Is prohibited, If you have racelved this communlcaNon In error, please no* us Immediately by telephone and retum the odginal message to us at the above address. FAXDM' REV 120 JUN.19.2001 2:27PM LP2A PLEASANTON NO.636 P.2i11 AGREEMENT FOR PROFESSIONAL. SERVICES This Agreement is made and entered into as of the 26th day of June , 2001, by and between the Town of Avon ("Town") and Linhart Petersen Powers Associates ("Consultant"). l WHEREAS, Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render the professional services described herein on the following terms and conditions. NOW, THEREFORE, the parties agree as follows: 1. Scope of Services: The Consultant shall furnish the following services In a professional manner. "Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the Town through its staff that it may provide from time to time." 2. Time of Performance: The services of Consultant are to commence upon execution of this Agreement and shall continue until the Town approves all authorized work. Consultant shall not be responsible for delaya caused by circumstances beyond its reasonable control. 3. ` Compensation; Compensation to be paid to Consultant shall be in accordance with the Schedule of Fees set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by Town under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the Town at the time of payment, 4. Method of Payment; Consultant shall submit monthly billings to Town describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, and a description of any reimbursable expenditures, Town shall pay Consultant no later than 30 days after approval of the monthly invoice by Town staff. 70% of Consultant's fee will be billed following the completion of the first plan check, The remaining 30% will be billed upon issuance of the building permit. If project becomes inactive or a building permit is not pulled, the remaining balance (30%) may be billed 120 days after the first plan review was completed. MA$TRRPADOC REVISED 7198 J UIY. I J. Cbbl C • GUM,I t_rc,-, r??n?nn i ?n 1 1- --- • . 5. Ownership of Pocuiments, All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the Town upon payment to Consultant for such work, and the Town shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to Town upon written request, 6. Independent Contractor: it is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an Independent contractor and shall not act as an agent or employee of the Town. Consultant shall obtain no rights to retirement benefits or other benefits, which accrue, to Town's employees, and Consultant hereby expressly waives any claim it may have to any such rights, 7. Interest of Consultant; Consultant (including principals, associates and professional employees) covenants and represents that is does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of Income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder, Consultant further covenants and represents that in the performance of its duties hereunder no person having any such Interest shall perform any services under this Agreement. - e Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant; a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the Town or of any Town official, other than normal agreement monitoring; and, b. possesses no authority with respect to any Town decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg, 18700(a)(2)], 8. Professional Ability of Consultant: Town has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all services under this Agreement. Al work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals In Consultant's field of expertise. 9-, Indemnity: Consultant agrees to defend, indemnify and hold harmless the Town, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including attorney's fees, direct or indirect (Including any and all costs and expenses in connection therein), arising out of the performance of this Agreement to the extent caused by the negligent acts, errors, or omissions of Consultant. Town also agrees to defend, indemnify and hold harmless the Consultant; its officers, agents, employees and volunteers from and against any and all MASTERM-DOC REVISED 7/99 JUN.19.2001 2:30PM LP2A PLEASANTON NO.636 P.4/11 claims, demands, actions, losses, damages, injuries, and liability, including attorney's fees, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement to the extent caused by the negligent acts, errors, or omissions of the Town. 10. Insurance: Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best's rating of no less than AM I: a, Workers' Compensation Coveraoe: Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the Town at least thirty (30) days prior to such change. b. General Liability Coverage:. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit, c. Automobile Liability Coverage: Consultant shall maintain automobile liability insurance covering bodily injury and properly damage for all activities of the consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. d. Professional Llablllty Coverage:. Consultant shall maintain professional errors and omissions liability for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a clalms?made annual aggregate basis. e, Policy Endorsements:_ Each general liability and automobile liability Insurance policy shall be endorsed with the following specific language: 1) The Town, Its elected or appointed officers, officials, employees, agents and volunteers are to pe covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, Including materials, parts or equipment furnished in connection with such work or operations, MASMRPC.D0C REVISEQ 7199 e JUN. 1'J. 66161 C dIOrITI LrcH rLLHJH11 I UI7 i .v . VJV 2) This policy shall be considered primary insurance as respects the Town, its elected or appointed officers, officials, employees, agents and volunteers. ° Any insurance maintained by the Town, including any self insured retention the Town may have shall be considered excess insurance only and shall not contribute with it, 3) This insurance shall act for each insured and additional Insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4) The insurer waives all rights of subrogation against the Town, its elected or appointed officers, officials, employees or agents, 5) Any failure to comply with reporting provisions of the policies shall not effect coverage provided to the Town, its elected or appointed officers, officials, employees, agents or volunteers. 6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the Town. d. Deductibles and Self-Insured Retentions., Any deductibles or self-insured retentions must be declared to and approved by the Town. The Consultant shall demonstrate financial capability for payment of such deductibles or sell insured retentions, e. Certificates of Insurance and Endorsements: Contractor shall provide certificates of insurance with original endorsements to Town as evidence of the Insurance coverage required herein. Certificates of such insurance shall be filed with the Town on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the Town at all times during the term of this Agreement. 11. Compliance with Laws: Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinance and regulations. 12. Licenses: Consultant represents and warrants to Town that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to Town that consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a Town business license if required. 13, Controlling Law Venue., This Agreement and all matters relating to it shall be govemed by the laws of the State of Callfornla and any action brought relating to this Agreement shall be held exclusively in a state court in the appropriate Town. Mgs7ERPC.ooc REWSFP 71QD JUN.19.2001 2:31PM LP2A PLEASANTON NO.636 P.6i11 14. Written Notification: Any notice, demand, request consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc., shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. Courtesy faxed copies will be provided to the Town. If to Town: Town of Avon Attn: George E, Hoyt, Chief Building Official P. 0, Box 975 Avon, CO 81620 ° If to Consultant; Unhart Petersen Powers Associates Attn; Kevin M. Powers, Principal 5798 Stoneridge Mall Road, #201 Pleasanton, CA 94588 15. Consultant's Books and Records: a, Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Town Manager, Town Attomey, Town Auditor, Chief Building Official, or a designated representative of these officers. Copies of such documents shall be provided to the Town for inspection at Town Hall when it is practical to do so. Otherwise unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices In this Agreement d, Where Town has reason to believe that such records or documents may be lost or discarded due to dissolution, dispandment or termination of Consultant's business, Town may, by written request by any of the above named officers, require that custody of the records by given to the Town and that the records and documents be maintained in Town Hail. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest, W87wc,aoc REVISED 798 JUIY. I7. G1010I C•.J Ir1'1 LrGh1 rLLr1Z)1- 111 V19 IIV.0J0 I . 1 11 16, Entire Agreement: This Agreement constitutes the complete and exclusive statement of Agreement between the Town and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. O 17. Amendments: This Agreement may be modified or amended only by a written document executed by both Consultant and Town and approved as to form by the 'town Attorney. 18. Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, 19, Execution: This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counter part, 20, Assignment & Subcontracting: The parties recognize that a substantial inducement to Town for entering Into this Agreement is the professional reputation, experience and competence of Consultant, Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the Town. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the Town. If Town consents to such subcontract, Consultant shall be fully responsible to Town for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between Town and subcontractor nor shall it create any obligation on the part of the Town to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise Is required by law. 22, Termination: This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. MgsTERPG.ooc REV1860 7/89 JUN.19.2001 2:32PM LP2A PLEASANTON NO.636 P.8i11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. TOWN: Mayor Town of Avon CONSULTANT: By: Principal Unhart Petersen Powers Associates ?. e APPROVED AS TO FORM; Town Attomey Town of Avon ATTEST; Town Clerk Town of Avon Attachments; Exhibit A - Scope of Services Exhibit B - Schedule of Fees Exhibit C - LP2A Schedule of Charges e WSTERPC.DOC 7 R150&5t) 7/0 J U11. 17. Gt71a1 C 0 zkGr'1'1 Lr C'H rLLH5H11 I UIY EX"IBIT A SCOPE OF SERVICES 11IU. bib 1-. V/11 PLAN REVIEW SERVICES Plan Review: LPIA will perform complete plan reviews to check plans for compliance with the 1997 Uniform Building, including ADA requirements, and Plumbing Codes; 2000 International Mechanical Code; and 1999 National Electrical Code as amended by Jurisdiction. Comment Lists and Plans Delivery: Plan reviews result in typed lists of comments which refer to specific details and drawings, and reference applicable code sections. LP2A will transport plans and comments to Jurisdiction, via FAX, e-mail and/or reliable overland carrier. Overnight delivery is available at no additional cost. Turn-Around Schedules: Plan reviews will be completed/returned to Jurisdiction within fifteen (15) working days of the date the plans are received by LP"A. If plan review Is not completed within fifteen (15) days, then LP2A will forfeit 5% of the total plan check fee each day the plan review is not completed up to a total deduction of 25%, Technical Support: When mutually agreed between the Jurisdiction and LP2A as vital to project success, LP2A staff will attend pre-construction or pre-design meetings, field visits upon request, and provide support for field Inspection personnel on an as-needed basis. JUN.19.2001 2:32PM LP2A PLEASANTON NO.636 P.10/1i EXHIBIT B SCHEDULE OF FEES PLAN REVIEW Basic Fees. For complete plan review of project performed in LP2Ns offices, fee will equal 65% of the plan check fee collected by the Jurisdiction. This basic fee will include minor revisions. Major revisions will be charged on an hourly basis per our then-current hourly rate schedule (Exhibit C). 70% of our fee will be billed following the completion of the first plan check. The remaining 30% will be Wiled upon issuance of the building permit. If project becomes inactive or a building permit is not pulled, the remaining balance (30%) may be billed 120 days after the first plan review was completed. EXHIBIT C SCHEDULE OF CHARGES Building Official may determine that some services should be charged on an hourly basis. Hourly charges, when applicable, for any project, will be based on the following schedule; PERSONNEL CHARGES Personnel Oesctlptlon Plan Review Engineer Plan Reviewer Building Inspector Support Services Overtime Services Noutly Bllllnp Rate $75-$85 $65-S75 $60-$75 $35-$50 Additional 25% of Hourly Rate Personnel charges are for technical work. Charges are made for technical typing and for time and costs of compiling and printing reports, Direct charges are not made for general secretarial services, office management, accounting and maintenance since these items are included in overhead. MISCELLANEOUS CHARGES The following charges are in addition to personnel charges; Car, per mile (includes mileage from LPIA to jurisdiction and return; and mileage within jurisdiction) $ .32 Printing $ Reproduction Services: Per Sheet, Photocopies $.15 Charges for Special Outside Services: Cost plus 10% Examples of such services include: • Telegrams or Long Distance Calls • Meals & lodging • Transportation on Public Carriers • Shipping Charges JUN. 14. efIdld1 :d: IdeHm LHeH HLLHSHN I UN Talat A. Abbasi, P.E. LICENSES: Registered Civil Engineer, State of California, License No, 06022 I.C.B.O. Certified Plans Examiner I.C.B.O. Building Inspector EDUCATION: B.E., Civil Engineering, Sind University Engineering College, Pakistan M.S., Civil Engineering California State University - Sacrameuto WORK EXPERIENCE: 1994 - Present Linhart Petersen Powers Associates - Pleasanton, CA Senior Plan Check Engineer performing Plan review of commercial and industrial buildings in addition to plan reviews of residential dwellings. Plan check coordinator and liaison with clients and architects, 1989 -1994 Willdan Associates - Pleasanton, CA Plan Check Engineer responsible for ensuring the compliance of residential, commercial and industrial buildings with appropriate model and state building codes. 1981-1989 DES Architects + Engineers - Fremont, CA Plan Check Engineer responsible for structural design and plan checking of residential, commercial and industrial buildings, 1979 -1981 Charles Poston Associates Structural Design Engineer responsible fir the preparation of plans and details such as banks and office buildings. PROFESSIONAL AFFILIATIONS: Structural Engineers Association of California International Conference of Building Officials American Concrete Institute NU. toG4 tr. e/7 Resume TALAT A. ABBASI 4 LA 1. I Y.. GCICJ.L o• CJCrr i Lrcm r"r-momi i i ul l Jess B. Villar, P.E. LICENSES: Registered Mechanical Engineer, State of California, License No. M24615 I.C,B,O. Certified Mechanical, Plumbing, Electrical, Building Inspector I.C.B,O. Certified Plans Examiner EDUCATION: B.S., Mechanical Engineering, Feati University, Philippines Building Inspection, Chabot College, Hayward, CA Refrigeration & A/C Technician, NRI, Washington, D,C, WORK EXPERIENCE: 1995 - Present Linhart Petersen Powers Associates - Pleasanton, CA Plans Examiner/Mechanical and Plumbing. Plan checking of commercial and industrial buildings. Involves review of mechanical drawings for the following, A/C, furnaces, ducts, chimneys, water heaters, environmental ducts, refrigeration piping, and process piping, Review plumbing system which involves the domestic water, drainage. sewage, gas piping, and roof drain. Review T-24 calculations for energy regulations, 1994 - 1995 City of Dublin , CA Building Inspector/Plan Checker Trainee. Performed plan checking of commercial, industrial and residential buildings Performed building inspection of commercial, industrial and residential building, involving building, mechanical, plumbing, electrical, T-24 energy regulations and T-24 disabled access regulations from foundation, underfloor, rough, sheetrock and final. 1991-1993 Mel Construction - Los Angeles, CA Carpentry, plumbing and mechanical remodeling 1980 - 1992 ABB - Impell Corporation - San Ramon, CA Senior Engineer. Conducted feasibility study of the modification of existing domestic water system for the Arizona Power plant Evaluated the capacity and distribution capability of the existing domestic water system. PROFESSIONAL AFFILIATIONS: American Society of Mechanical Engineers International Conference of Building Officials i?v.JG4 r.a?? Resume JESS B. VILLAR JUN. 14 . eU01 d : witI'1 U eH F'LLHSHN I UN NU. 5L4 F' . 4/?:j Norman Hong, Architect LICENSES: Licensed Architect, State of California, 1973, License No. C7328 EDUCATION: Bachelor of Architecture, University of California, Berkeley, California, 1966 WORK EXPERIENCE: 1997 - Present Linhart Petersen Powers Associates - Pleasanton, CA Plan review and analysis of structures. 1988 - 1997 Norman Hong Associates • Livermore, CA Principal in architectural firm specializing in commercial, institutional and residential design. 1977 -1988 Associated Professions Inc. • Livermore, CA Parr owner of architectural and structural and civil engineering design firm. Director of Architectural and Structural Division. 1966 -1987 United States Air Force Civil Engineering Officer for airbase planning and construction management of military projects, PRO + + SSIONAL AFFILIATIONS: International Conference of Building Officials City of Livermore Design Review Committee, Past President City of Livermore Redevelopment Task Force, 1987 -1998 SPECIAL EXPERTISE: With many years of practice as a professional architect, Mr, Hong has designed numerous commercial, institutional and residential projects throughout Northern California, He has extensive experience in all aspect of architecture, building systems and construction management. Mr. Hong has extensive planning experience including the development of the Livermore Design Standards and the development of residential and industrial subdivision. Resumes NORMAN SONG At LP"A, Mr. I-long performs plans reviews, Building Condition Reviews and Maximum Probable Seismic Loss analyses of existing structures, J U11. 14. e-00 I 'J; 0.Ih'I''I U eH F'LLHSHN I UN Curtis S. Hume, S.E. LICENSES: Registered Structural Engineer, State of California, License No. SE 3134 Registered Civil Engineer, State of California, License No. CE 38266 EDUCATION: B.S. Civil Engineering, California Polytechnic State University San Luis Obispo, California, 1980 M.S. Civil Engineering, University of California Berkeley, California, 1981 M.B.A. Business Administration, Santa Clara University Santa Clara, California, 1987 WORK EXPERIENCE: 1999 - Present Linbart Petersen Powers Associates: Pleasanton, CA Structural plan review of commercial, industrial and residential projects. 1984 - 1999 DE'S Architects + Engineers: Redwood City, CA Structural Engineer in responsible charge of over $600 million in new and retrofitted construction, encompassing commercial, educational, institutional, residential and retail projects. Non-design related projects including the performance of over 100 commercial structural property reviews and seismic risk assessments. Management duties including all business aspects related to the operation of a twelve person structural engineering department. 1981-1984 Wildman & Morris, Inc.: San Francisco, CA Project Engineer performing professional analysis and design of new commercial, institutional and military projects. Significant projects included McCarran Airport 2000 Expansion in Las Vegas and Marin Coynty Sanitation Water Treatment Fapility. 1980 -1981 Schaaf-Jacobs-Vinsou, Inc.: San Rafael, CA Project Designer performing analysis, design and drajfing of single family and multiunit residential projects. Field work including construction observation and re view of several large condominium projects. PROFESSIONAL AFFILIATIONS: Structural Engineers Association of California, Member SE American Society of Civil Engineers, Member NU. ?e4 . F'. z/7 Resumes CURM S. HUME JUN. 14 . eM 1 d: 114F'I" I Lt eH t LLHSHN I UIY Roy M. Anderson LICENSES: I.C.B,O. Certified Plans Examiner, Building Inspector, Light Commercial Combination Inspector, Combination Inspector, Building Code Official CABO Certified Building Official EDUCATION*. AA, Architectural Technology, Sacramento City College, Sacramento, CA WORK EXPERIENCE: 2000-Present Linhart Petersen Powers Associates: Pleasanton, CA Plan Reviewer, perform complete plan review of buildings and miscellaneous structures to assure code compliance. 1985-2000 City of Livermore: Livermore, CA Plan Checker; performed complete plate review of buildings and miscellaneous structures to assure code compliance, Acting Building official from 1997-1998; managing the Building Division and administering and enforcing all codes. Senior Building Inspector from 1991-1997; responsible for supervision of the Building Division and assigned personnel. Participated in and coordinated plan review and field inspection. Building Inspector from 1985-1991; performing inspections of residential and non-residential structures for code compliance. 1983-1985 U.S. Army Corps of Engineers: Sacramento, CA Construction Representative; conduct inspections and monitor contract construction at the San Francisco Presidio. 19801983 Roy Anderson Drafting: Truckee, CA Permit Processing and Draftsman; draw building plans and submit plans and application documents to necessary agencies for construction permits. 1976-1980 Placer County: Aube, CA Senior Building Inspector; reviewed and approved plans, performed difficult and comple;; field inspections. Building Inspectorfrom 1977-1980; reviewed and approved plans and performed field inspections to assure code compliance. Building Technicianfrom 1977-1976; reviewed and assisted the public with submission of plans and application documents, and issued permits. 11U. De-4 r . O/ 7 Resume ROY M. ANDERSON JUN.14.2001 3:04PM LP2A PLEASANTON IVJ.Dc4 r-. (1, 7 Eugene L. Brown LICENSES: California Electrical Contractor, C-10 I.C.B.O. flans Examiner I.C.B.O. Building Inspector I.C.B.O, Electrical Inspector I.C,B.O. Certified Construction Inspector WORK EXPERIENCE: 1992-Present Linhart Petersen Powers Associates - Pleasanton, CA Part-time plans examiner and building inspector. 1970-1992 City of Palo Alto, California Assistant Building Official - 7 years Supervising Building Inspecror - 3 years Plus Examiner - Period spanning 10 years Building Inspector specialist - 6 years Building Inspector - 5 years PROFESSIONAL AFFILIATIONS: Association of Construction Inspectors International Conference of Building Officials California Building Officials International Association of Electrical Inspectors (LA.E.I.) (Chairman, Vice Chairman, Northam California Chapter) Electrical Recommendation Committee of Santa Clara County, (Chairman, Vice Chairman and Secretary) Technical Advisor, Sunset Magazine's Basic Home Wiring Book Resume EUGENE L. BROWN JUN.14.2001 3:05PM LP2A PLEASANTON Frank J. Linhart, S.E. LICENSES: Registered Civil Engineer, State of California, License No. 31076 Registered Structural Engineer, State of California, License No. 2544 Registered Civil & Structural Engineer, State of Oregon, License No. PE18070 License No. 35031 Registered Civil Engineer, State of Washington, Registered Civil Engineer, State of Nevada, License No. 13372 Registered Structural Engineer, State of Nevada, License No. 013372 I.C.B.O. Certified Plans Ex4miner ]EDUCATION: Bachelor of Science of Civil Engineering University of the Pacific, Stockton, California, 1976 WORK EXPERIENCE: 1989 - Present Linhart Petersen Powers Associates - Pleasanton, CA Partner in charge of structural plat: review services, review of existing buildings, expert witness testlmony and financial matters of the firm. 1988 -1989 DES Architects + ]Engineers - Redwood City/Fremont, CA Project engineer and supervisor of structural design services in the Fremont office. 1978 -1987 Associated Professions, Inc. - Livermore, CA Department Head of Structural Engineering PROFESSIONAL AIi'F mIATIONS: Structural Engineers Association of Northern California; Member; Building Codes Committee, Member 1997-1998 American Society of Civil Engineers, Sann Francisco Section, Member 1983 - Present Earthquake Engineering Research Institute, Member 1997 - Present Western Consultant's Association, Member 1996 - Present SPECIAL EXPERTISE: Since 1985, Frank has consulted on structural plan review, disabled access regulations and local ordinances for many jurisdictions. Since 1978, on-site reviews of Existing Buildings for compliance with State and local ordinances on the Seismic Safety Upgrade of Misting Buildings. Since 1972, .Structural plans review of large and multi-story buildings for many jurisdictions in California, Oregon and Idaho. No.524 r.aiy Resume FRANK I LL" ART JUN.14.2001 3:05PM LP2A PLEASANTON Kevin M. Powers, P.E. LICENSES: Registered Civil Engineer, State of California, License No. C33451 I.C.B.O. Certified Plans Examiner EDUCATION: Bachelor of Science, Civil Engineering University of California - Berkeley M,E., Structural Engineering & Structural Mechanics University of California - Berkeley WORK EXPERIENCE: 1992 - Present Linhart Petersen Powers Associates - Pleasanton, CA Principal in charge of all plan review. 1987 - 1992 Will4an Associates - Pleasanton, CA Division Manager of building services and construction management divisions in the Bay Area Regional Office. 1981 -1987 City of Fremont - Fremont, CA Senior Plan Check Engineer (Assistant Building Official) and Plan Check Engineer, 1979 -1981 Degenkolb and Associates - San ]Francisco, CA Structural Design Engineer PROFESSIONAL AFFILIATIONS: International Conference of Building Officials: East Bay, Sacramento Chaptcra Structural Engineers Association of Northern California 1987-88 California Building Officials, Member, Joint Fire Chiefs Committee, Structuural Design/Lateral Porte Advisory Committee, California , Building Standards Commission, 1995 to Present Sacramento Valley Chapter, I.C.B.O., Internet Comnv,ttee, 1995 to 1998 SPECIAL EXPERTISE: W. Powers, a foundiag Principal, has management and technical responsibility for alb plan review services. In this capacity, Mr. Powers performs structural and nonstructural plan reviews, manages plan reviews performed by LP2A staff persons, and is responsible for all quality control and technical training, He also provides assistance to client jurisdictions in the delivery and quality control of LKA's combination inspection and special administrative serves. Prior experience includes more than 21 years of structural design, jurisdiction plan review, and management of public agency delivery of building depaFkment services, Mr. Powers has personally performed and managed the plan reviews of thousands of btitildingt and miscellaneous structures, of all types and complexities. NU. 5G4 r.7/to Resume KEVIN rd. POWERS Avon Recreation Department Memo June 20, 2001 To: Meryl Jacobs From: Sarah Stoutenburgh -Lai RE: Quickbeam Systems Contract ?? ? ?h(lev?? U Summary Attached please find the agreement between Quickbeam Systems and the Town of Avon for technical services (sound, light, and stage for summer concerts on July 4, 2001 and August I I, 200I. Recommendation I recommend that Council approve and sign the attached agreement for technical services (sound, light and stage for summer concerts in the am ount of $23,270.00. Town of Avon 0 P.O. Box 975 • Avon, CO 81620 • 970-748-4032 QSI TECHNICAL SERVICES CONTRACT ADDEND UM - TOWN OF AVON 2001 UICKBEAM SYSTEMS, INC. TECHNICAL SERVICES CONTRACT: Quickbeam Systems Inc. ("Quickbeam"), and Town of Avon, CO in order to provide sound amplification and/ or lighting services for the Purchaser agree to the following terms: 1. Location of engagement: Nottingham Park, Avon, CO 2. Identity of performer or groups: Salute to the USA, Summerfest 3. Name and phone number of representative of Purchaser who will be available to coordinate activities with Quickbeam: name: Sarah Stoutenburgh -Lai phone# 970-748-4032 4. Date and time of load in: 7/3,4,5/2001, 8/10111/2001 Show times Begin: as per schedule End: as per schedule 5. Type of engagement: stage, roof, sound & lights 6. Quickbeam will furnish and operate the following equipment: (a) monitor system, size 32 x 2& 40 x 8 house system, size 32 x 4 x 2& 40 x 8 x 2 (b) speaker coverage for an audience of 2500 to 10,000 people, for an outdoor performance. (c) lighting instruments: 18 - 48 lighting dimmers: 12 Control board : 12 (d) Number of Quickbeam technicians: 7/4:5, 8/11:4 7. Terms of payment for services by Quickbeam: please initial each paragraph to acknowledge agreement: _(a) Total payment to Quickbeam shall be in the amount of. $ 23,270.00 _(b) $ 13,725 of the total payment amount shall be made payable in advance in the form of check. If advance payment is not received by 7/4/01 equipment may not be available for the above listed engagement. _(c) If purchaser notifies Quickbeam of cancellation thirty (30) days prior to the engagement, employer shall have the options: credit the advance against fees for future engagements, or receiving a refund of 85% of the advance payment. _(d) If the engagement is canceled for any reason by the purchaser within thirty (30) days of the of the engagement, the advanced payment will not be refunded of credited. (e) The balance ( $ 9,545.00) will be paid to Quickbeam on 8/11/01 This provision is the essence o f this contract, and default by the purchaser will excuse Quickbeam from any further obligations, including providing equipment at the above listed engagement. _(f) If the engagement is canceled or cannot occur for any reason other than default by Quickbeam, including but not limited to artist failure to appear, wind, rain, snow, lightening, or any other natural cause, at any time after Qu ickbeam equipment trucks have begun to travel enroute to the engagement, Quickbeam shall be entitled to the full amount of the contract price as payment for its services. 8. The purchaser shall provide for the engagement: (a) Purchaser agrees to provide 1 competent forklift operator to assist with set-up, and removal of Quickbeam equipment from the concert area. Personnel will be available at scheduled set up times and immediately after the performance. Quickbeam reserves the right to dismiss non qualified personnel at any given time, at wh ich time the purchaser is responsible for replacing dismissed personnel. _(c) Purchaser agrees to provide adequate parking space adjacent to the venue for all Quickbeam vehicles. _(d) One licensed and qualified electrician, ready to work within 30 minutes after the load in of the show and immediately after the performance. (e) Electrical serv ices of (I ) 100 amps, 3 phase, 110 volts, (2) 200 amps, 3 phase, 110 volts, to be located with in 100 feet of the stage. _(f) Complete meals for Quickbeam personnel at the following times: lunch and dinner on event days only and soft drinks, and water available throughout the day for the duration of QSI services to the purchaser. _(g) One guest pass for each member of the Quickbeam crew. 9. stage size: 24 x 24 & 24 x 40 sound wing size: scaffold wings 13. Additional terms and conditions: Sound and lighting orders, la bor schedules and accommodation needs as listed in the QSI proposal and attached herein are made apart of this agreement. Paragraphs 10,11 listed on page 2 are made apart of this agreement. THIS CONTRACT MAY BE AMENDED ONLY ON THE MUTUAL AGREEMENT OF BOTH PARTIES BY SIGNING A WRITTEN MEMORANDUM DEFINING THE TERMS OF THE AMENDMENT. THE UNDERSIGNED SIGNATURE WARRANTS QUALIFICATION AND AUTHORITY TO EXECUTE THIS CONTRACT AND THAT THEY HAVE READ ANDUNDERSTAND THE TERMS OF THIS CONTRACT. QUICKBEAM SYSTEMS INC 4201 YALE ST. NE SUITE A ALBUQUERQUE, NM 87107 (505) 345-9230 X: QUICKBEAM SYSTEMS: GARY MATHEWS TOWN OF AVON PO BOX 975 - 400 BENCHMARK RD AVON, CO 81620 970-949-4280 X: SIGNATURE: JUDY YODER, MA QSI TECHNICAL SERVICES CONTRACT ADDEND UM - TOWN OF A VON 2001 CONTRACT ADDENDUM -- TOWN OF AVON & QUICKBEAM SYSTEMS INC. Initials 10. The purchaser assumes full liability for any injuries to any Quickbeam personnel due to the actions of patrons or personnel of the purchaser for the duration of the time that Quickbeam staff are on site, subject to the Colorado Governmental Immunity Act. 11. Subject to the Colorado Governmental Immunity Act, purchaser agrees to assume full liability for damage or loss of equipment rising from events within the purchaser's control. QSI TECHNICAL SERVICES CONTRACTADDENDUM- TOWN OF AVON 2001 l SALUTE TO THE USA QUICKBEAM SYSTEMS INC. PROPOSES THE FOLLOWING EQUIPMENT AND STAFF FOR HIRE TO THE TOWN OFAVON, COLORADO FOR THE 1997 SALUTE TO THE USA EVENT, JULY3 & 4, 2001. EQUIPMENT 6 APOGEE 3x3 with processors and amps -- main stage 8 APOGEE AE-12 DOUBLE 18" subwoofer cabinets -- main stage 3 10' Towers with (2) APOGEE 3X3 with amps --delay one: rear field and east lakeshore 2 10' Towers with (2) APOGEE 3X3 south & (3) APOGEE 3X3 north with amps -- delay two: north of park 1 10' Tower with (2) APOGEE 3X3 with amps-- delay three: northeast lake 2 10' Tower with (3) P.A.S. RS 2.2 with amps -- delay four: north lake 1 40 channel house board with drive and effects rack 1 small delay adjusted sound system for VIP area 1 40 channel stage monitor system with 8 mixes of amps/EQs and 10 wedges 1 Microphone and stage package 36 1000w stage lighting system with dimmers and control board 1 32' x 34' stage cover with 4 genie towers 21 sections of STAGING CONCEPTS stage -- 44" high (24 X 24 X 40") PLUS (1) 8 x 8 drum riser 2 Sound console covers 10 5' x 7' x 10' high scaffold towers with leveling jacks (2 main stage, 3 field delay, 2 north park delay, 1 northeast lake delay, 2 north lake delay) Sound technicians lighting, roof and stage technician driver TOTAL COST: $ 13,725.00 $ 750.00 ADDITIONAL CHARGE IF JULY 5TH RAIN DATE IS USED QSI TECHNICAL SERVICES CONTRACT ADDEND UM - TOWN OF AVON 2001 SALUTE TO THE USA 7/3,4,5/01 PERSONNEL SCHEDULE 7/3/01 -STAGE, ROOF AND SCAFFOLD INSTALLATION, EQUIPMENT UNLOAD 9:00am - 1:00pm: 40 man hours 10 people EQUIPMENT SET UP - STACK FIELD SPEAKERS 2:00pm - 5:00pm: 18 man hours 4 people 1 forklift operator 1 forklift 1 service vehicle driver 1 service vehicle 1 Electrician to tie in (2) services -- about 1 hour of work 7/4/01 - SOUND, LIGHTING, DELAYS INSTALLATION, BAND SET UP/CHECK 10:00am - 2:00pm: 24 man hours 4 people 1 forklift operator 1 forklift 1 service vehicle driver 1 service vehicle STRIKE SOUND, LIGHTS, SCAFFOLD, STAGE AND ROOF 9:30pm - 1:30am: 56 man hours 16 people 1 forklift operator 1 forklift 1 service vehicle driver 1 service vehicle 1 electrician for 2 dis-connections (could be done on July 5) 7/3-7/4/01 Overnight security from stage load in to end of load out Security personnel should also be in place at the base of all sound towers from the hours of 7pm to 9:30pm on July 4. 4 QSI TECHNICAL SERVICES CONTRACT ADDENDUM - TOWN OF AVON 2001 C SALUTE TO THE USA CONT'D SECTION TWO: POWER REQUIREMENTS MAIN STAGE: 1. Lights: 100 amps, 3 phase 2. Sound: 100 amps, single phase DELAY SPEAKER SYSTEMS 1. North Park delays -- pump housing: 100 amps, single phase 2. North lake delay : 2 x 20 amps, 110 v (two, 2000 watt generators TIMES 7/3/01 - 9:00pm - 1:00pm Equipment unload, Stage, roof, scaffold set up 7/3/01 - 2:00pm - 5:00pm Equipment set up, speakers placed 7/4/01 - 9:00am - 1:00pm Sound and light set up, system check 2:00pm - 4:00pm Sound check 5:00pm - 9:30pm event 10:00pm - 2:00am strike HOUSING NEEDS Accommodations for 6 QSI Technicians for July 2, 3 and 4. Add July 5 if used as a rain date. This will be (3) double rooms. Accommodations for 10 Denver based stagehands for July 3,4. MEALS On event day (7/4/01) a lunch meal and dinner meal will need to be provided to the crew of 6. Water and other liquids are needed at the stage for all times worked on July 3 and 4. The 20 amp, 110v power requirement may be best met with the use of a small and quiet 20 amp generator. These generators are not included with this proposal. The generators and refueling is to be provided by the town of Avon. QSI TECHNICAL SERVICES CONTRACT ADDENDUM - TOWN OF AVON 2001 SUMMERFEST 8/10,11/01 QUICKBEAM SYSTEMS INC. PROPOSES THE FOLLOWING EQUIPMENT AND STAFF FOR HIRE TO THE TOWN OFA VON, COLORADO FOR THE 2001 SUMMERFEST EVENT --AUGUST]], 2001. EQUIPMENT 12 APOGEE 3x3 with processors and amps -- main stage 8 APOGEE AE-12 DOUBLE 18" subwoofer cabinets -- main stage 1 40 channel house board with drive and effects rack 1 40 channel stage monitor system with 12 mixes of amps/EQs and 14 wedges 1 Microphone and stage package 48 1000w stage lighting system with dimmers and control board 1 inter -com system (clear-com, 4 station) 1 32' x 34' stage cover with 4 genie towers 26 sections of STAGING CONCEPTS stage -- 44" high (40' x 24' x 40") 2 sound wings (scaffold) 2 8 x 8 stage risers 3 Sound technicians 1 lighting, roof and stage technician 1 driver TOTAL BID PRICE: $ 9,545.00 PERSONNEL SCHEDULE 8/10/01 -STAGE AND ROOF SETUP 1:00PM - 5:OOPM: 40 man hours 10 people (forklift and operator is helpful if available) 8/11/01 - SOUND AND LIGHTS SET UP 9:00am - 1:00am: 32 rnan hours 8 people 6 QSI TECHNICAL SERVICES CONTRACT ADDENDUM -TOWN OF A VON 2001 noon through show's end: man hours to be determined by bands requirements 4 people needed for band requirements STRIKE SOUND, LIGHTS, STAGE AND ROOF 9:OOPM - 1:00 am: 48 man hours 12 people (forklift and operator needed) 8/10 - 8/11/01 Stage security from load in to completion of load out. POWER REQUIREMENTS Lights: 200 amps, 3 phase, I I Ov Sound: 100 amps, 3 phase, I IOv ACCOMMODATIONS Accommodations are needed for 5 people on August 10 and 11, 2001 This is (3) rooms. MEALS On event day (8/11/01) a lunch and dinner meal will need to be provided to the crew of 5. Water and other liquids are needed at the stage for all times worked on August 10 and 11. Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager ?- Norm Wood, Town Engineer June 21, 2001 Recreation Center Refurbishment - Construction Bids Summary: Bids for the Recreation Center Refurbishment Construction were opened on Friday June 15, 2001. Four Bids were received with totals ranging from $489,604.00 to $773,182.00. These Bids are shown on the attached Bid Summary Sheet along with the Architect's Estimate of $503,814.00. Current Project Budget is summarized as follows: Design Services $ 40,000 Construction 470,000 Contract Administration 15,000 Project Administration & Copying 2,000 Contingencies 26.000 Total Project Budget $553,000 The construction bid documents stipulate a completion time of 20 calendar days and assess liquidated damages at the rate of $5,490,00 per day for every day completion extends beyond this time. Correspondence received on the morning of the Bid Opening from OmniTech the specified floor system installer, stated that the floor system installation, "will require 3 weeks to complete during which times no other work shall be performed." This correspondence came at the last minute after three months of assurance that the work could be completed in seven days. All bidders responded accordingly by stating in their Bid that it was not subject to completion time or liquidated damages provisions stipulated in the Bid Documents. Consequently all bids received are non- conforming. I:\Engineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.2 Bid DocumentsWemo Recommendation-I.Doc Other notes, comments and conditions submitted with the bids indicate there are a number of areas that need clarification prior to selection of a contractor and award of contract. Some of these areas could have significant impact upon cost and completion time of the project. In addition Project Architect, Mark Donaldson has received subsequent correspondence from OmniTech indicating that the floor installation time can be reduced to 12 to 13 consecutive days. Possibly this can be reduced even more with some minor design modifications. Subsequently, we recommend that all bids be rejected and that staff be authorized to negotiate with the two low bidders, Harney-Naill, Inc. and J. L. Viele Construction, Inc. in an attempt to achieve a contract for the work that will be within the project budget and construction schedule. If a satisfactory contract is negotiated, it will be brought back to council for approval. If agreement cannot be reached, we recommend that minor modifications be made to the Bid Documents and the project be re-advertised. Recommendations: Reject all bids received at the June 15, 2001 Bid Opening for the Avon Recreation Center Refurbishment of the Locker and Changing Rooms Project and authorize staff to negotiate with the two low bidders Harney-Naill, Inc. and J. L. Viele Construction, Inc. in an attempt to achieve a contract for the work that will comply with the project budget and construction schedule. Negotiated contract shall be brought back to Council for approval. Town Manager Comments: CG17 C 4 v I:\Engineering\CIP\Rec Center Refurbish\4.0 Construction Docs\4.2 Bid Documents\Memo Recommendation- 1.Doc 2 O O O z (9 z Q U p z Q w Y U O n. J Z 0 O? >- CD 9 z N QwQ o=gig Z (n N LL. 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