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TC Council Packet 10-08-2002Town Council Meetings Roll Call Check Sheet ?' jU ?r? B ©a- ? Date: Michael Brown y Debbie Buckley ' Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes ? ` lJ Judy Yoder 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. Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: Bill Efting Larry Brooks John Dunn Patty McKenny Jacquie Halburnt Scott Wright ? Jeff Layman Norm Wood Meryl Jacobs Bob Reed ? Harry Taylor ? Ruth Borne - - Other Staff IATown Clerk\Council\Packets\Council Meeting Check List.doc STATE OF COLORADO COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD OCTOBER 8, 2002, AT 5:00 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 5:00 PM - 5:15 PM 1) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: P'-? Patty cKenny To Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 4, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON REGULAR COUNCIL MEETING AGENDA OCTOBER 8, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Fall Fun Night - Update by Tommy Schneider 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 September 24, 2002 Council Meeting Minutes b. Pitney Bowes - Postage Meter Agreement C. East Avon Street Improvements - Change Order #11 d. Terrasan - Additional Management Services 12. Adjournment MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 24, 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 meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Mayor Pro Tern Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney Inga Causey, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, and Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Tiek Simonton introduced herself to Council as a candidate running for Eagle County Clerk & Recorder. She spend a few minutes explaining her professional background and gave reasons why she wanted to run for office. Steve Miller, resident and Council candidate, addressed the Council as President of Greenbriar Condo Association regarding a concern from the Association. He explained that with the construction from new projects, there has been increased noise coming from trucks that service these areas. He would like to see Council address this noise problem. He also expressed his concern about Council discussions continuing to take place during Work Sessions and not during Regular Meetings. Ordinances Town Council considered Ordinance No. 02-21, Series 2002 on second reading. It was noted that this Ordinance addressed an outstanding conflict in the Code, i.e. the legal drinking age. The public hearing was opened, no comments were made, and the hearing was closed. Councilor Reynolds moved to approve Ordinance No. 02-21, Series 2002 - An Ordinance Amending Chapter 9 of the Municipal Code of the Town of Avon to prohibit the sale of fermented malt beverages to persons under the age of twenty-one years. Councilor McDevitt seconded the motion and it passed unanimously. Resolutions Community Development Director Ruth Borne presented Resolution 02-43, Series 2002, a resolution repealing the compliance deposit contained in the residential, commercial and industrial design review guidelines. This issue was originally considered at the April 91h meeting when the resolution was defeated and a moratorium was placed on the existing measure. This gave staff an opportunity to work on alternatives for the enforcement of zoning and building code violations. Working together with Town attorney John Dunn and Municipal Judge Buck Allen, new penalties have been established which authorizes staff to issue tickets for specific violations. A copy of the revised penalty assessment schedule was included in Council's packet. With regard to the red tag provisions, it was determined that the current zoning code authorizes the Building Official to "red tag" a project for zoning violations. Councilor D. Buckley moved to approve Resolution No. 02-43, Series 2002, a resolution repealing the provision for a compliance deposit in the Town of Avon residential, commercial, and industrial design review guidelines. Councilor Brown seconded the motion and it passed unanimously. Town Manager Report Bill Elting informed the Council that Budget Notebooks would be distributed next week and the Council budget retreat was scheduled for October Stn Mayors Report Mayor Yoder thanked Public Works for the assistance provided with the clean up of an accident at the roundabout. Other Business Councilor McDevitt reminded the public that October 7th is the last day to register to vote. Norm Wood presented an update on both the East Avon street improvements and the Eagle River Bike Path project. (Both to be completed in the near future.) Councilor D. Buckley noted that on October 22nd a celebration would be held for the opening of the newly completed bike path / trail. Consent Agenda Mayor Yoder asked for a motion on the Consent Agenda. Councilor D. Buckley moved to approve the Consent Agenda. Councilor McDevitt seconded the motion. The motion was carried unanimously. There being no further business to come before the Council, a motion was made to adjourn. The meeting adjourned at 5:45 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Regular Council Meeting September 24, 2002 Page 2 of 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Direct r Date: October 3, 2002 Re: Pitney Bowes State and Local Government Rental Agreement Summary: This is an Agreement between the Town of Avon and Pitney Bowes for the rental of a Pitney Bowes DM500 digital mailing system. The system includes an IntelliLink Control Center (the postage meter) that connects to a telephone line for online rate updates, postage replenishment, system updates, and USPS special services. Also included is an integrated scale that enables a piece of mail to be weighed and fed through the system with the correct postage automatically printed. It is anticipated that these features will help save the Town postage costs in the future, as well as providing a more efficient mailing process. The Town's current postage machine and meter is 12 years old. The 2002 and 2003 budgets include an appropriation for rental of a new system. The annual cost for this system is $3,624. Town Manager Comments: Attachments: Pitney Bowes State and Local Government Term Rental Agreement Page 1 ?b 016 Pitney Bowes Your Business Information Beiftl Account # 160 1 1 1 1 1 ??741 RJLL LEGAL NAME OF NTE w v 1 64- &T(IIJ DBA NAME EMAIL ADDRESS BIWNG ADDRESS - 7 CITY AIM I STATE 4Q ZIP+4 a- PHONE # CONTACT NAME SEND INVOICE TO ATTN OF EQUIPMENT LOCATION IF NOT SAME AS ABOV E) DO .AWV`l- CITY V W STATE 4D ZIP+4 S?/ OG /0 d CREDIT CARD # EXP DATE NAME ON CARD TYPE - 63`?`t7_ ?DOO TO CHECK nEMs TO BE INCLUDED IN VOUR TOTAL RENTAL PAYMENT LAS Equipment Maintenance Agreement On Rental flfid- ft-Guard Agreement ? Software Maintenance Agreement P-Ifeter On Rental ? Renter Retain Title Cay?,-Fi??vtrtl?yf ? fJ'ZCe? CO?? Your Payment Plan Initial Rental Term Billing 149-40 Frequency ? Monthly uarterly ? Other (specify # of -- drs Akfd*A MW First $ a -'2-11 Next $ Next $ Next $ Next (D, $ Initial Check Amount lut x XSIGNATURE X PRINT NAME X PB ACCOUNT REP NAME T • I/1I1. ovrl EMPLOYEE # DISTRICT NAME & # Jai! JVO?;-o PB ACCEPTED BY TITLE DATE EXECV77VE OFFICE.• 27 WATERVIEW DR • SHELTON, CT 06484-4361 • EQUIPMENT VENDOR: PITNEY BOWES INC. • FOR SALES AND SERVICE CALL 1-800-322-8000 Z9 Rental Terms and Conditions By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule attached hereto (the "Equipment") for business or commercial purposes. Your offer will be binding on us when we accept it by having an authorized employee sign it. All payments hereunder shall be payable only to us at our executive office, unless we direct you otherwise in writing. 1. NON-APPROPRIATION: You warrant that you have funds available to pay the Total Payments until the end of your current appropriation period, and shall use your best efforts to obtain funds to pay the Total Payments in each subsequent appropriation period through the end of your Initial Term. If your appropriation request to your legislative body, or funding authority ("Governing Body") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last day of the appropriation period for which funds have been appropriated, upon: (i) submission of certified copies of your funding request and the Governing Body's denial of the appropriation request, and (ii) satisfaction of all charges and obligations under this Agreement incurred through the end of the appropriation period, including the return of the Equipment at your expense. If you terminate this Agreement and return the Equipment under this section, you shall not purchase or rent equipment performing substantially similar functions to those performed by the Equipment for a period of one year following termination. CWn Your Business Needs Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer , ?/ Anne Martens, Assistant Town Engineer Date: October 3, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 11 Summary: Attached Change Order Number 11 for the East Avon Access & Circulation Streetscape Improvements represents minor modifications required to address actual field conditions encountered in construction. Change Order Number 11 includes revisions to paver areas, placing concrete under the pavers at the loading area adjacent to Lot 20, deletion of retaining walls, revisions to the irrigation system at Tract R, addition of a streetscape light and addition of a stop bar. Change Order Number 11 increases the contract amount by $5,080.00 and is reflected in the project summary below. The net effect of this Change Order is to increase the Contract Amount $5,080.00 from $2,438,565.75 to $2,4443,645.75. Construction Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Change Order No. 7 Change Order No. 8 Change Order No. 9 Change Order No. 10 Change Order No. 11 Engineering Design Appraisals Approved Project Budget Project Status $2,259,987 $2,259,987 $ 16,234 $ (1,754) $ 1,423 $ 26,120 $ 107,215 $ 12,663 $ 14,092 $ (3,025) $ 3,348 $ 2,261 $ 5,080 $ 75,000 $ 75,000 $ 35,000 $ 19,000 C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No 11 Memo.Doc 1 Project Summary Continued Legal Contract Administration Landscaping CA Testing Services Administration Easements & R/W Contingencies @ 1.5% Total Proposed Budget Annroved Proiect Budget Proiect Status $ 30,000 $ 30,000 $ 80,000 $ 80,000 $ 6,530 $ 30,000 $ 23,470 $ 15,000 $ 15,000 $ 349,430 $ 211,352 $ 42,732 $ 13,153 $2,917,149 $2,917,149 Approval of Change Order Number 11 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $5,080.00 from $2,438,565.75 to $2,443,645.75. Recommendations: Approve Change Order Number 11 to the Elam Construction, Inc. contract for constriction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $5,080.00 from $2,438,565.75 to $2,443,645.75. Town Manager Comments: C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No I I Merno.Doc 2 Oct-03-02 01:30P Town of Avon 970 748 1958 CffiMW11G;,E ORDER Order No.: 1 I Date; 1.0-3•Q2 .r m-einent Date April 1,5, '200 ANM OF PROJECT: 1-00z East von Strgjt,.?prg M", EFL. The follo g aan es are hemby matte to the CQ'ITMACT OCLI & I`usti#zcatlb : Paver Revkia t: A.ld 1 SF to Ices 13 2 Conavte Pavers ' Flaz Landscape @ $1 LOWSP in front cf North Court De: lett 44 SF from Item 13.2. Concrete Pavers Lq Pla2z/1. idscape 11.0 1 F on can side of Annex Total 242.00 FIr: We Concrete Under 1av'ers o Pig 'ay ig. Benebm,*rk-Plaza. Excav=ate, haul o dispose ofuwaitable subgrad m=er a1; supply and compact 6" of road base materrial supply and install 6' c011crete plahk-nn for pavers; 260 SF @ 12. i001S-F Total 3,120-00 $borten the t4agth of MSE Retaining WsIl C? North am Delete 8 FF froin Item 11.3 Precast Concrete Block Yes $24,00,W Delete 4 FF from Item 113 Precast Concrete Block CV s S24,00iff (four tree protection. .allt) Restocking f for un us ed block Tom 4 East Side of Annex. 2:357,00 - $ 960.00 Tract R Irrigation Revisions Add 1.0 Each to Item 14.14" Pop-up Spray Read Ca I.6.00 Each + 160. 00 Add 2 Each to Item 14.2 1.2"Pop-T.fp Spray Head :c 'T35.00 Each + S 70<00 Add I. Each to Item 14A I" Eleouic Coca of Valve $21 :0 Bach ». :Moo Acid 400 LF to Itern 14,12 F So PSI Ploy4tc l ?. $1 iO /LF -; S 400.00 DOletc 2 Eaola from Item 14,3 Gear driven Rotar $53.00 Each Total $ _ 734.00 P.03 Oct-03-02 01:31P Town of Avon 970 748 1958 ._ ... , v , . r. -, , ., .v. ,.. ..,.., .,.. .... . ?.... ,,. ?...a t a a [ Ara ? t • r.Y.i:. v a rrt A.a i 4«t tkv a Stop Dal-on 'f first End of Beaver Creek -'lace: Add l to Item. 4.18 Pre nned plastic (5730) Stop Tars S280.00 Each .....,. 1 Total S 290-0 Street Light. on West Bide of Tract Q: Add 3: to Item 5.1 nstaR Poles and Light ixt r% t : $3,350 Each .t. TOTAL + 55,090.00 P.04 r:?rtiz?, sr,? A c.e-punce ofthis chAnge arder by the CONTRACT OR constitute full and complete settlement .for a U time and money for all direct and indirect casts and xrnpacts flowing out of the chouges c1e r heed aba-ve. Change to CONTRACT PRICE. ? $5,090,00 Original O'.N7P ACT PRICE: 9 2,259,38 ".00 Current (`O TktACT PRICE adjusted by pncvious CHANGE ORDER. 10:. S '2,438,;565.75 The ONMA,CT PRICE d:e to this CRAM ORDER will be (inae&ed) by $5,090.00 The new CO I ACT PRICE iw.lud ng this C1-L4NGr,, ORDER xxill be 2,44:3,64535 Chan e to CONTRACT -MIE- , e C(,)N, 7TR-AC-T TI'S will be increased by 0 calendar da8,s. The date for completion of all work: will he October 222, 2002 (D-ate). ; 'S`RO A1..S REQUME13: A. prove by Engineer" -Accepted-and Approve by Owner: Federal.Agency .approval (where applicable) -l 1 Memo To: Thru: Honorable Mayor and Town Council Bill Efting, Town Manager From: Norm Wood, Town EngineeL Anne Martens, Assistant Town Engineer Date: October 2, 2002 Re: East Avon Access & Circulation Streetscape Improvements Proposal / Terrasan, Planning & Landscape Architecture, Inc. Additional Landscaping Construction Administration Services Summary: The attached proposal for Additional Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements was submitted by Terrasan, Planning & Landscape Architecture, Inc. The proposed for additional services includes additional time for Preliminary and Final Landscaping walkthroughs and other related activities as required for efficient administration of the construction project. The proposed costs of these services is not to exceed $1880 without prior written approval. The cost of these services is included in the current Project Budget under Testing Services. The effect of this Proposal is reflected in the following Project Status. Ap proved Project Budget Project Status Construction Contract $2,259,987 $2 ,259,987 Change Order No. 1 $ 16,234 Change Order No. 2 $ (1,754) Change Order No. 3 $ 1,423 Change Order No. 4 $ 26,120 Change Order No. 5 $ 107,215 Change Order No. 6 $ 12,663 Change Order No. 7 $ 14,092 Change Order No. 8 $ (3,025) Change Order No. 9 $ 3,348 Change Order No. 10 $ 2,261 Engineering Design $ 75,000 $ 75,000 Appraisals $ 35,000 $ 19,000 Legal $ 30,000 $ 30,000 Contract Administration $ 80,000 $ 80,000 Landscaping CA $ 8,410 Testing Services $ 30,000 $ 21,590 Administration $ 15,000 $ 15,000 I:\Engineering\CIP\East Avon\2.0 Contract Services\2.8 Con tract Admi n\2.8.3 Service Contraefferr asap Admin Memo2.Doc 1 Easements & R/W $ 349,430 $ 211,352 Contingencies @ 1.5% $ 42,732 $ 18,233 Total Proposed Budget $2,917,149 $2,917,149 Approval of Terrasan, Planning & Landscape Architecture, Inc. proposal for Additional Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements is recommended with an estimated cost not to exceed $1880 without prior written approval is recommended. Recommendations: Approve the Terrasan, Planning & Landscape Architecture, Inc. proposal for Additional Landscaping Construction Administration Services for the East Avon Access & Circulation Streetscape Improvements with an estimated cost not to exceed $1880 without prior written approval. Town Manager Comments: ""?" '/6' 7 I:\En0neering\CIP\East Avon\2.0 Contract Services\2.8 Contract Admin\2.8.3 Service Contracffennfasan Admin Memo2.Doc 2 TERRASAN PLANNING AND LANDSCAPE ARCHITECTURE September 26, 2002 Ms. Anne Martens Town of Avon PO Box 975 Avon, CO 81620 RE: East Avon Streetscapes Phase I / Request for Additional Services Dear Anne: Due to unforeseen construction activities, changes and contractor requests, at the end of September 2002, Terrasan will have billed almost the entire amount of the $6,530.00 additional services approved for Construction Observation. It is our understanding that the project is nearly complete and will be ready for landscape and irrigation punch list review during the first week of October 2002. Based upon this information, Terrasan is requesting additional services to perform the preliminary and final landscape walkthrough and assist in preparing the punch lists. The estimated hours are: Principal/Project Manager 14.0 hours x $105.00 $1,470.00 Clerical 4.0 hours x $40.00 $160.00 Reimbursable Expense Allowance 250.00 Total $1,880.00 We request approval for additional services in the amount of One Thousand Eight Hundred Eighty Dollars ($1,880.00) including reimbursable expenses. Please sign a copy of this request and return it for our files. APPROVAL OF ADDITIONAL SERVICES This agreement is made between the client: And: George M. Pi e, President for and on behalf of Terrasan, Planning & Landscape Architecture, Inc. Date oz. 1660 GILPIN STREET DENVER, COLORADO 80218 TEL (303) 331-1717 FAX (303) 331-1815