TC Council Packet 03-12-2002Town Council Meetings
Roll Call Check Sheet
Michael Brown
V
Debbie Buckley
Peter Buckley
Rick Cuny vj ?
Mac McDevitt
Buz Reynolds
Judy Yoder
i?k
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.
Date: 3/12/02
/1c t
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, MI
D. Buckley, Brown
Sta f Present:
Bill Efting
Larry Brooks
Kris Nash
Jacquie Halburnt
Scott Wright
Jeff Layman
Norm Wood
Meryl Jacobs
Abbi Reed
7y Taylor
Ruth Borne
_ Other Staff
V
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1 ATown Clerk\Council\Packets\Council Meeting Check List.doc
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STATE OF COLORADQ ) ( ?.
COUNTY OF EAGLE SS ,
TOWN OF AVON ?•
NOTICE IS HEREBY GIVEN THAT A WORK `SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD MARCH 12, 2002, AT
4:15 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR TIE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING: 1
4:15 PM - 5:15 PM 1.) Town Clerk Interviews (Executive Session)
4
5:15 PM - 5:30 PM 2.) Staff Updates
Consent Agenda Questions
Council Committee Updates
1.?
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TO O AVON, COLORADO
BY:
isten Nash
C` t\ Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON MARCH 8,2002: '
AVON MUNICIPAL BUILDING IN THE MAIN
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
I?
IATown Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc
/l \ ,7
TOWN OF AVON
C
REGULAR COUNCIL MEETING AGENDA
March 12, 2002 - 5:30 PM
1. Call to Order/Roll Call S f `
2. Citizen Input
3. Ordinances
a) First Reading of Ordinance No. 02-04, Series of 2002, An Ordinance Making
?? Miscellaneous Amendments to Title 2 of the Municipal Code of the Town of Avon
y? "f Relating to Administration and Personnel; and Establishing the Administrative
i Departments of the Town (John Dunn)
4. Resolutions ? " ?J ?' "!`? ???' - r? ? .:._ ? I ? ?•,? ?{
5. Unfinished Business
\ t ?. s. l .
`6. New Business
7. Town Managex-Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda -"
a) Approval of the February 26, 2002 Council Meeting Minutes ??.
b) Deed of Easement, Eagle River Water & Sanitation District IV` ? '
C) Recreation Center Refurbishment - Additional Contract Administration Services
12. Adjournment
'Z ? f G
,r
I
I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Regular Meeting.doc
ORDINANCE NO. 02-04
AN ORDINANCE MAKING MISCELLANEOUS AMENDMENTS TO TITLE 2,
OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO
ADMINISTRATION AND PERSONNEL; AND ESTABLISHING THE
ADMINISTRATIVE DEPARTMENTS OF THE TOWN.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Title 2 of the Municipal Code of the Town of Avon is amended by the
addition of a Chapter 2.02 providing as follows:
Chapter 2.02
ADMINISTRATIVE DEPARTMENTS
"2.02. 010. Departments Enumerated. The administrative departments of the
Town shall be as follows:
A. Community Development.
B. Public Works.
C. Police.
D. Human Resources.
E. Finance.
F. Administrative Services.
G. Recreation.
H. Transportation.
1. Engineering.
"2.02.020 Directors' Duties. Each department shall be under the direction of a
director (or police chief, in the case of the police department) whose functions and duties shall be
in accordance with the provisions of the statutes of the state, the Town Charter, the ordinances of
the town and the procedures established by the Town Manager. Any reference in this Code to a
department director shall include his or her designee.
"2.02.030 Functions and Directions. The Town Manager shall determine and
direct the operation and function of each administrative department, including the employment of
heads of the departments.
Section 2. Subsection C of Section 2.08. 100 of Chapter 8 of Title 2 of the
Municipal Code of the Town of Avon is amended to provide as follows:
"C. The clerk shall be compensated according to a pre-determined salary
schedule and shall be paid on the same pay schedule as other regular, full-time employees of the
town."
Section 3. Chapter 2.12 of Title 2 of the Municipal Code of the Town of Avon is
repealed.
Section 4. Section 2.24.020 of Chapter 24 of Title 2 of the Municipal Code of the
Town of Avon is amended to provide as follows:
"2.24.020 Disciplinary action-Authorized. Disciplinary guidelines shall be
established by personnel policies and procedures established by the town manager. For purpose
of this chapter, the term "employee" shall not include any person excluded from the jurisdiction
of the personnel merit commission by the Town Charter, and nothing herein contained shall be
construed as limiting the authority of the town to discharge such persons with or without cause,
an authority and right which is established and recognized."
Section 5. Subsection A of Section 2.24.040 of Chapter 24 of Title 2 of the
Municipal Code of the Town of Avon is amended to provide as follows:
"A. General. In the event an employee is the object of disciplinary action of any
kind, that employee has the right to request an administrative hearing before the personnel merit
commission. Written notice of an appeal shall be filed with the town manager or his designee
within five days of the date the employee is notified, in person or by mail, of the disciplinary
action. The purpose of the hearing shall be to allow the department head, supervisor, human
resources director and/or town manager to present reasons for dismissal and to allow the
employee the opportunity to refute the evidence presented or to present mitigating evidence
concerning the reasons brought by the department head, supervisor, human resources director
and/or town manager."
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of March, 2002, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 26th day of March, 2002, at 5:30 P.M.
in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Mayor
ATTEST:
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 26th day of March, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TOWN OF AVON, COLORADO
ORDINANCE NO. 02-05
AN ORDINANCE AMENDING ORDINANCE NO. 02-03 OF
THE TOWN RELATING TO THE ISSUANCE BY THE TOWN
OF MULTIFAMILY HOUSING REVENUE BONDS (GNMA
MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO
RIDGE II APARTMENTS PROJECT), SERIES 2002.
WHEREAS, on February 26, 2002, the Town Council of the Town of Avon,
Colorado (the "Town") adopted Ordinance No. 02-03 (the "Ordinance") entitled as follows:
AN ORDINANCE AUTHORIZING AND DIRECTING THE
ISSUANCE OF UP TO $15,305,000 OF THE TOWN'S
MULTIFAMILY HOUSING REVENUE BONDS (GNMA
MORTGAGE-BACKED SECURITIES PROGRAM - BUFFALO
RIDGE II APARTMENTS PROJECT), SERIES 2002, THE
EXECUTION AND DELIVERY OF A FINANCING
AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE
AGREEMENT, AND RELATED DOCUMENTS;
AUTHORIZING AND DIRECTING THE EXECUTION AND
DELIVERY OF SUCH BONDS; MAKING CERTAIN
DETERMINATIONS WITH RESPECT THERETO;
PROVIDING FOR THE PRINCIPAL AMOUNT, NUMBERS,
PROVISIONS FOR REDEMPTION AND TENDER AND
MATURITY OF, AND RATES OF INTEREST ON, THE
BONDS; REQUESTING THE TRUSTEE TO AUTHENTICATE
THE BONDS; AUTHORIZING INVESTMENTS;
AUTHORIZING INCIDENTAL ACTION; AND REPEALING
INCONSISTENT ACTIONS.
WHEREAS, the allowable amount of HUD mortgage insurance relating to the
project to be financed by the Bonds authorized by the Ordinance has increased over the
previously anticipated amount;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
Section 1. AMENDMENT OF ORDINANCE. The first sentence of
paragraph 3 of the Ordinance is hereby amended to read in its entirety as follows: "The Bonds
shall be in the aggregate principal amount not to exceed $16,000,000.
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Section 2. REPEALER. All acts, orders, resolutions, ordinances or parts
thereof, taken by the Town in conflict with this Ordinance are hereby repealed, except that this
repealer shall not be construed so as to revive any act, order, resolution, ordinance or part
thereof, heretofore repealed.
Section 3. ORDINANCE IRREPEALABLE. This Ordinance is, and shall
constitute, a legislative measure of the Town, and after the Bonds are issued and outstanding, this
Ordinance shall constitute a contract between the Town and the owner or owners of the Bonds,
and shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have
been fully paid, satisfied and discharged.
Section 4. SEVERABILITY. If any paragraph, clause or provision of this
Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair
or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the
various paragraphs, clauses or provisions hereof are severable. -
Section 5. EFFECTIVE DATE. This Ordinance shall take effect seven days
after its passage and public notice thereof.
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ADOPTED ON FIRST READING AND ORDERED POSTED this 12th day of
March, 2002.
TOWN OF AVON, COLORADO
(TOWN SEAL) By:
Mayor
ATTEST:
Town Clerk
The foregoing Ordinance will be presented for final passage at the Council's
regular meeting, to be held at Town Council Chambers, on Tuesday, the 26"' day of March, 2002,
at 5:30 p.m.
-3-
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FINALLY PASSED AND ADOPTED the 26 b day of March, 2002.
TOWN OF AVON, COLORADO
(TOWN SEAL) By:
Mayor
ATTEST:
Town Clerk
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The motion to pass the foregoing Ordinance on first reading was duly made by
Council Member and seconded by Council Member ,
and the roll was called with the following results:
Council Members voting "Yes":
Council Members voting "No":
The Mayor thereupon declared the Ordinance duly passed on first reading and
instructed the Town Clerk to post the Ordinance once in full in at least three public places within
the Town, in addition to the office of the Town Clerk, at least seven days before its consideration
for final passage.
After consideration of other business to come before the Town Council, the
meeting was adjourned.
(TOWN SEAL) By:
Mayor
ATTEST:
Town Clerk
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STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The Town Council of the Town of Avon, Colorado, held a regular meeting open
to the public at the Town Council Chambers at , on Tuesday, the 26' of
March, 2002, at 5:30 p.m.
The following members of the Town Council, constituting a quorum thereof, were
present:
Council Members:
The following members of the Town Council were absent:
The following persons were also present:
The Town Clerk informed the Town Council that the proposed Ordinance, which
was passed on first reading and ordered posted once in full at a regular meeting of the City
Council held on March 12, 2002, was posted in full in at least three public places within the
Town, in addition to the office of the Town Clerk, on March _, 2002.
At or after 5:30 p.m., the Town Council held a public meeting on the proposed
Ordinance, including the issuance of the Bonds and the nature and location of the facilities to be
financed therewith, and all interested persons present were heard by the Town Council.
Thereupon, Council Member moved that the Ordinance be
finally passed, adopted, numbered and ordered posted. Council Member
seconded the motion, and the question being upon the final passage and
adoption of the Ordinance, the roll was called with the following results:
Council Members voting "Yes":
Council Members voting "No":
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The Mayor thereupon declared the Ordinance finally passed and adopted and
instructed the Town Clerk to number the same as moved and post the Ordinance once in full in at
least three public places within the Town, in addition to the office of the Town Clerk.
After consideration of other business to come before the Town Council, the
meeting was adjourned.
(TOWN SEAL) By:
Mayor
ATTEST:
Town Clerk
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STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
I, , Town Clerk of the Town of Avon, Colorado, do hereby certify that
the attached copy of Ordinance No. 02-_, is a true and correct copy; that said Ordinance was
passed by the Town Council of the Town of Avon, Colorado, at its regular meeting held at
, the regular meeting place thereof, on Tuesday, the 26th day of
March, 2002; that a true copy of said Ordinance has been authenticated by the signatures of the
Mayor of the Town of Avon and myself as Town Clerk thereof, sealed with the seal of the Town,
and numbered and recorded in a book kept for that purpose in my office; that the foregoing pages
1 through 10, inclusive, constitute a true and correct copy of the record of the proceedings of said
Town Council at its regular meetings of March 12, 2002 and March 26, 2002, insofar as said
proceedings relate to said Ordinance; that said proceedings were duly had and taken, that the
meeting was duly held; and that the persons were present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town
of Avon, Colorado this day of March, 2002.
(TOWN SEAL)
Town Clerk
Town of Avon, Colorado
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 12, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Judy Yoder called the meting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, and Mayor
Protem Buz Reynolds present. Councilor Rick Cuny was absent. Also present were
Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John
Dunn, Town Clerk Kristen Nash, Human Resource Director Jacquie Halburnt, Town
Engineer Norm Wood, Public Works Director Bob Reed, Transit Director Harry Taylor,
Planner Tambi Katieb, Planning Technician Eric Johnson, Building Official George
Hoyt, Detective Mike Leake as well as members of the press and public.
Citizen Input:
Mr. Tripp Plavic, Tony Sharpf, and the Dantas Brothers approached the Council. Mr.
Plavic stated that they are residents and builders in Avon and they are requesting that the
Council amend the Design Review Guidelines requiring compliance deposits for
construction. After discussion amongst the Council, Mayor Yoder stated that the
Council would review the issue at the March 26, 2002 work session.
Ordinances:
Second Reading of Ordinance No. 02-03, Series of 2002, An Ordinance Authorizing and
Directing the Issuance of up to $15,305,000 of the Town's Multifamily Housing Revenue
Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments
Project), Series of 2002, the Execution and Delivery of a Financing Agreement, a Trust
Indenture, a Bond Purchase Agreement, and Related Documents; Authorizing and
Directing the Execution and Delivery of Such Bonds; Making Certain Determinations
with Respect Thereto; Providing for the Principal Amount, Numbers, Provisions for
Redemption and Tender and Maturity of, and Rates of Interest on, the Bonds; Requesting
the Trustee to Authenticate the Bonds; Authorizing Investments; Authorizing Incidental
Action; and Repealing Inconsistent Actions
Mayor Yoder stated this is a public hearing.
Assistant Town Manager Brooks stated that this ordinance authorizes funding for 176
units of the Buffalo Ridge II housing project. The balance of the units will be funded at a
later date through a separate funding mechanism. This is all part of the obligation of the
Village at Avon. The developer is required to supply 100 affordable units. They are
developing 244 units, which 176 of the units will be funded through this bond.
Mr. Brooks stated that these bonds do not result in debt, indebtedness or financial
obligation to the Town of Avon. That is stated in the documents as well as the ordinance.
If they default, the Town has the option to pick it up, but is not obligated to do so.
Mr. Brooks added that the Avon Town Council is a leader in the valley in affordability.
The Town currently has 414 affordably based units. In addition, 622 units are committed
for a total of 1,036 affordable units either completed or the Council is thinking about. He
stated that this does not include the land trade that the Council is working on at this time.
Mr. Brooks commended the Town Council.
Councilor Peter Buckley confirmed that these are employee housing that is open to the
public, not restricted. Mr. Brooks stated that there is a tier of eligibility.
Mr. Jack Gardner, of Hogan and Hartson, stated that they are open to the public. He
stated that both projects, the 176 units financed with these bonds as well as 68 units that
will be financed through a 63-20 non-project corporation, which is forthcoming in about
a month, have been submitted to the Federal Housing and Urban Development
Department for approval. Upon approval, these bonds would be backed by GNMA
securities. To get the approval, both projects must submit to affordability criteria. Mr.
Gardner stated that purchasers must be employed within the county and this must be their
principle residence.
Mayor Protem Reynolds asked when the units would become available on the market.
Mr. Gardner stated the closing of the funding would be in mid April with occupancy
coming on line beginning in the fall.
There being no public comments, Mayor Yoder closed the public hearing.
Councilor Debbie Buckley motioned approval of Ordinance No. 02-03, Series of 2002.
Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Resolutions:
Resolution No. 02-09, Series of 2002, A Resolution Authorizing a Contract with the
Colorado Department of Transportation Relating to the Maintenance of Proposed
Roundabouts at Post Boulevard and I-70 Interchange in the Town of Avon
Town Engineer Wood stated that the Town has an agreement with the developer of the
Village at Avon that the Town will provide maintenance on all streets and roads,
including the roundabouts and the interchange at I-70. CDOT wants to take that another
Regular Council Meeting
February 26, 2002
step farther and have an agreement with the Town that the Town will provide
maintenance on the roundabouts as well. It is an overlapping agreement. Staff
recommends approval.
Mayor Protem Reynolds confirmed what was included in the maintenance as it is a broad
term. Mr. Wood stated what would be covered and added that the Village at Avon will
reimburse the Town for all costs, so there is no cost to the Town. He also confirmed that
it is the section under the Interstate as well as the roundabouts, but does not include the
ramps.
Councilor Debbie Buckley motioned approval of Resolution No. 02-09, Series of 2002.
Councilor McDevitt seconded the motion. The motion carried unanimously.
Town Manager Report:
Town Manager Efting stated that the log cabin would only be open on the weekends for
ice-skating, and should last a couple more weekends.
Mr. Efting stated that the Public Works department would be working on pothole repairs
as weather permits. People can call Mr. Efting to report any potholes.
Town Attorney Report:
Town Attorney Dunn stated that he would be working to remedy the default by AT&T
Broadband to provide high-speed cable internet service south of the railroad tracks and
from Burger King to the east, as stated in their franchise agreement with the Town.
Mr. Dunn also stated that he has provided a summary on the State Statute on Executive
Session.
Consent Agenda:
a.) Approval of the February 12, 2002 Council Meeting Minutes
b.) Resolution No. 02-08, Series of 2002, A Resolution Approving the Temporary
Easement of Lot 30, Block 1, Benchmark at Beaver Creek Subdivision, Town
of Avon, Eagle County, Colorado
c.) Resolution No. 02-10, Series of 2002, A Resolution Revising Fee Schedule
"A" Pertaining to Fees for Building, Mechanical, Plumbing, Grading and
Electrical Permits, Town of Avon, Eagle County, Colorado
d.) Resolution No. 02-11, Series of 2002, A Resolution Affirming Avon Town
Council's Compliance with HB 01 S2-1006, Concerning the Mandatory
Adoption of Local Government Master Plans
Regular Council Meeting
February 26, 2002
e.) Resolution No. 02-12, Series of 2002, A Resolution Adopting a Restated and
Amended Plan Document for the Town of Avon Public Employees Money
Purchase Pension Plan
f.) Resolution No. 02-13, Series of 2002, A Resolution Adopting a Restated and
Amended Plan Document for the Town of Avon Police Employees Money
Purchase Pension Plan
g.) Resolution No. 02-14, Series of 2002, A Resolution Amending a Deferred
Compensation Plan
h.) Resolution No. 02-15, Series of 2002, A Resolution Approving and
Authorizing Execution of a Pipeline Crossing Agreement with the Union
Pacific Railroad Company as Required for Completion of the Metcalf
Stormwater Drainage Project in the Town of Avon, Colorado
Councilor Debbie Buckley motioned to approve the Consent Agenda as amended
(Resolution No. 02-10, Series of 2002, was amended). Councilor Brown seconded the
motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 5:50 PM.
Y SUBMITTED:
Nash, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
February 26, 2002
Memo
To:
Thru:
From:
Honorable Mayor and Town Council
Bill Efting, Town Manager;/
Norm Wood, Town Engineer
r
r
Re: Eagle River Bikepath to Confluence
Sewer District Easement
A
}
Summary: Bill Efting, Town Manager was able to negotiate the
attached Deed of Easement with the Eagle River Water and Sanitation District to allow the
construction of the Bikepath along the Eagle River between West Beaver Creek Boulevard
and the Confluence site. We believe this Easement addresses all the concerns previously
expressed by Council and recommend approval of this Deed of Easement to allow this
project to move forward with proposed construction this summer.
Recommendations: Approve Deed of Easement between Eagle River
Water and Sanitation District and the Town of Avon for a perpetual non-exclusive
easement and right-of-way to install, operate, maintain and repair bike trail across the
sewer treatment plant property in Avon.
Town Manager Comments:
I:\Engineering\CIP\Eagle River Rec II\6.0 R-W Acquisition\6.1 Gen Correspondence\ERW&SD Memo-3.Doc
PEED OF EASMENT
THIS DEED, made this , day of , 2002, between Eagle River Water and
Sanitation District (the Owner), whose address is 846 Forest Road, Vail, CO 81657, and
Town of Avon, whose address is P.O. Box 975, Avon, CO 81620.
WYTNESSETH:
1. For and in consi eration ofthe covenants-and-agreements herein-Setforth, the
sum of ten ($10) Dollars, and other good and valuable consideration in hand paid by the
Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner
hereby grants, sells and conveys to the Town, its successors and assigns, a perpetual non-
exclusive easement and right-of-way to install, operate, maintain, repair, reconstruct, replace,
inspect and remove, at any time and from time to time, a bike trail across those certain lands
which are situate in the Comity of Eagle, State of Colorado, being described more fully on
Exhibit "A" attached hereto and by this reference. made a part hereof.
2. The Owner reserves the right to use said easement for purposes which will not
interfere with the Town's Ml enjoyment of the right hereby granted subject to the conditions
in Section 3; and the parties further agree that the uses of said easement by the Owner and the
agreements concerning those uses shall be as follows:
(a) The Owner shall not erect or construct any building or other structure, or
construct any permanent obstruction, or subtract from or add substantially to the
ground level, or allow the installation of other utilities in said perpetual easement
without obtaining the specific written permission of the Town, which permission shall
not be unreasonably withheld;
(b) The Owner shall take no action which would impair or in any way modify
the earth cover over, or the lateral, or subjacent support for the aforementioned bike
trail within the perpetual easement without obtaining the specific written permission
of the Town, which permission shall not be unreasonably withheld;
3. Town acknowledges that the easement runs adjacent to a wastewater treatment
plant, and in the vicinity of a water pump station, and that conveyance of this easement is
outside of the original intended use of the property by Owner; but that Owner desires to be a
cooperative party subject to the following acknowledgements and conditions:
(a) Town agrees not to allow the path to interfere with the wastewater or
water operations of Owner, and to cooperate in reasonable accommodations to avoid
such interference.
(b) Town agrees to provide for the installation, at its expense, of an irrigation
system and landscaping adjacent to the bike trial, which is the subject of this
easement. The irrigated landscaping shall extend from Owner's fence adjacent to the
bike path to the high water line of the Eagle River. The irrigation system shall be
installed so as to be a part of Owner's existing irrigation system and shall be
maintained by Owner. The Town shall maintain the landscaping in a manner similar
to Town's maintenance of its other landscaping.
(c) Town expressly acknowledges that Owner uses adjoining property as a
sewage treatment plant, and recognizes that despite Owner's; wurbest ther efforts
the emissions of any odors, such odors are
recognizes that during times of maintenance and expansion of the plant, it is likely
that odors will be emitted m e p awithin-the-area of--the bik?trail?wluch-is the
. Town is aware of this potential for odors, and chooses to
subject of this easement
locate the bike trail on Owner's Property in spite of the potential for such odors.
Town agrees to make reasonable efforts to disseminate information to users of the
bike trail regarding the potential for emission of odors from Owner's sewage
treatment plant. In the event any members of the public overly criticize Owner for
such, odors as the odors relate to the bike trail use, Town agrees to cooperate with
owner in making any public statement deemed necessary.
(d) Town acknowledges that Owner may close the bike path temporarily or
otherwise in the event traffic on the bike path is deemed to present an undue risk to
the security of Owner's sewage treatment plant.
4. Grantee agrees that construction of the bike trail shalmb in accordance With
the plans for the 2001 Eagle River Recreation Path II constructs p J
5. The parties hereto agree that neither, has made, or authorized any agreement
with respect to the subject matter of this instrument other than expressly set forth herein.
. 6, The Owner warrants that it has full and lawfUl authority to make the
Town in the exercise of its
herei iabove contained and promises--.and agrees to defend the
rights hereunder against any persons claiming by, through or under the Owner, but not
otherwise.
7. All, of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, personal representatives, successors and
assigns.
2
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day
and year first above written.
EAGLE RIVER WATER AND SANITATION DISTRICT
By:
Frederick P. Sackbauer, President
TOWN OF AVON
By.
Judy Yoder, Mayor
STATE OF COLORADO
COUNTY OF EAGLE )
This Contract was acknowledged before me this day of ? 2002,
by Frederick P. Sackbauer, as President of Eagle River Water and Sanitation District
Witness my hand and official seal.
My commission expires: _
Notary Public
STATE OF COLORADO )
)ss-
COUNTY OF EAGLE )
This Contract was acknowledged before me this day of 2002,
by Judy Yoder as Mayor of the Town of Avon-
Witness' my hand and:.official seal:
My commission expires:
Notary Public
3
EAGLE RIVER WATER & SANITATION DISTRICT
FACSIMILE TRANSMITTAL SHEET
ro: FROM.,
Bin F e¢ Salty LaPointe
COMPANX: DATE :
MARCH 1, 2002
FAX NUMSSRt TOTAL NO. OF PAGES INCLUDING COVER:
PHONE NUMBEL' SENr)ER-S REFFFRFN NUI??
970.477.7800
YOUR REFERENCE NUM13M-
RE:
Avon Bike Path Easement
? URGENT ? FOR REVIEW ? PLEASE CommEN?r ? PLEASE RF,PLY ? PLEASE RILCYCLE
NOTES/COMMENTS:
Bill,
Y am sending to you a final craft of the Deed of Easement for the Avon Bike
Path. Please preview, and return any comments to me.
Best ,regards,
Dennis Gelvin, `General Manager
846 FOREST ROAD
VAIL, CO 81657
PRONE: 970-476-7480
FAX: 970-476-4089
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer, 4/
Da#?? -March F, 2002
Re: Recreation Center Refurbishment
Additional Contract Administration Services
Summary: Victor Mark Donaldson Architects has requested an
increase in Professional Fees for Additional Contract Administration Services. The
requested increase is due to the exceptional amount of time required to address punch list
issues as necessary to obtain a complete and satisfactory project. The proposed increase is
based on hourly rates with a not to exceed amount of $10,400.00 for services rendered
between January 1, 2002 and March 31, 2002 per the attached Request. These services are
needed to bring this project to a satisfactory conclusion.
The cost of these additional services is within the current project budget. The current
budget is summarized as follows:
Construction Contract with Change Orders $ 475,258
Architectural & Engineering Design 36,688
Contract Administration 16,134
Project Administration 2,500
Additional Services (Proposed) 10,400
Contingency (Remaining) 12,020
Total Approved Project Budget $ 553,000
We recommend approval of the request from Victor Mark Donaldson for additional
services not to exceed $10,400.00 for services provided through March 31, 2002.
I:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.3 Service Contract\Add Services-2 Memo.Doc 1
Recommendations: Approve request from Victor Mark Donaldson
Architects for an increase in Professional Fees not to exceed $ 10,400.00 for additional
contract administration services rendered and to be rendered from January 1, 2002 through
March 31, 2002.
Town Manager Comments:
G*ti?
I:\Engineering\CIP\Rec Center Refurbish\2.0 Contract Services\2.3 Design (Arch)\2.3.3 Service Contract\Add Services-2 Memo.Doc2
ON
March 6, 2002
Norman Wood, Town Engineer
Town of Avon
PO BOX 975
Avon, CO 81620
Hand Delivered
Re: Additional Contract Administration Services
Victor Mark Donaldson Architects
Avon Recreation Center Refurbishment of the
Locker and Changing Rooms Project
0048 E BEAVER CREEK BLVD
SUITE 207
Box 5300
AVON, CO 81620
970.949.5200
vmda@vmda.com
FAX0949¦5205
Norm,
In accordance with our previous discussions, we hereby request an increase in
Professional Fees, to be invoiced on an hourly basis, not-to-exceed the amount of
$10,400.00. This is to account for Additional Services rendered and to be rendered from
January 1, 2002 through March 31, 2002.
At this point in time, we believe that this will allow us to manage (along with you and
your Staff) the Close Out of this Project to the benefit of the Town of Avon, despite the
poor performance of the General Contractor thus far.
Should the Project not be completed by the end of March, any further services that may
be requested of us will be recoverable from the Contract Amount remaining in retention.
We will remain open to your direction at that time, should the occasion arise.
you prove this increase, please endorse the line below and return to my office.
AIA
Additional Contract Administration Services Approved:
Norman Wood, Town Engineer Date
ARCHITECTS