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TC Council Packet 10-10-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 10'2006 AvON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT5:30 P01 1' CALL TO ORDER AND ROLL CAL 2. APPROVAL (]FAGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4' CITIZEN AND COMMUNITY INPUT 5' OTHER BUSINESS 8. Jeff lFhOnDOdsg@@nd. Boulder F<8gjOO8| Field Director, CV|nngdaDs for Fairness. Presentation and Information OD Referendum | 6' ORDINANCES T. RESOLUTIONS 8' STAFF UPDATES 8. Housing NeedSASSessDleOLUpdgt8 (Eric Heidemann. Community Development Director) Provide for status of the work that has been completed to date by RRC, as well as an outline of remaining tasks b. Trail Open House Summary (Eric Heidemann, Community Development Director) Present findings from the August 8th Open House c. Panning and Zoning Commission / Council Joint Work Session Request (Eric, Heidemann, Community Development Director) Invitation to join the Planning and Zoning Commission on October 17`» for conceptual review of the Folson property and to review the preliminary finding of the East Town Center Market Investigation report and preferred alternative d. Railroad Crossing & Transportation Center Project Update(NonnVVood.TovvnEngineer)Abrief update on the status of this project 9. NEW BUSINESS 10' UNFINISHED BUSINESS 11. TOWN MANAGER REPORT 12. TOWN ATTORNEY REPORT 13. MAYOR REPORT 14. FUTURE AGENDA ITEMS: OCT. 24m MEETING: MUNICIPAL JuoSs INTERVIEWS, PUBLIC Hsun|wG FOR 2007 BUDGET 15. CONSENT AGENDA a. Municipal Building Expansion — 0GSiAO Services PnopOG@| (Norm Wood, Town Engineer) Proposal for design services from Victor Mark Donaldson for the municipal building modular expansion b. Nottingham and PUd8r Ditch |nnpnDveDleOt8 — Design Services PrOpOSG| (Norm Wood, Town Engineer) Proposal for design services for Alpine Engineering, Inc. 16. ADJOURNMENT Avon Council Meeting oa. 10.10 Page 2mz Page 1 of 3 Patty McKenny From: M Potter [mpofter@cofairequal.org] Sent: Wednesday, October 04, 2006 2:51 PM To: Patty McKenny Cc: Jeff Thormodsgaard Subject: Referendum I Attachments: northglenn.pdf, BusinesFAQ.doc; FAQ on Ref I-NEW2.doc; More FAQ Ref Ldoc; NOT marriage with logo.doc; Ref I factsheet with logo okd.doc; Referendum I Resolution2.doc Dear Patty, My name is Mabs Potter and I am the Outreach Coordinator for Coloradans for Fairness, a statewide organization working to pass Referendum I in Colorado this November. Our Boulder Regional Field Director, Jeff Thormodsgaard, will be presenting at your Tuesday, October loth at 5:30 for about 10 minutes. Attached are information sheets on Referendum I and also the Northglenn Domestic Partnership Analysis. We are seeking an endorsement from the Avon Town Council as your town's endorsement will show the municipality's commitment to fairness by recognizing that all couples should have basic legal rights and responsibilities. It is complete unfairness that thousands of Colorado couples are falling through a gap in state law by being denied basic legal rights and responsibilities. However, Referendum I can help fix Colorado's broken laws, and give committed same-sex couples the opportunity to support each other-financially and legally. CFF has been very active in Boulder County and has already received endorsements from Aspen, Lyons and soon Boulder. The town of Avon can make a difference in this campaign by endorsing Referendum I. 1 encourage you to consider the following information and the fact that all Coloradans deserve basic legal rights and responsibilities. Consider the following facts on Referendum 1: 1. A bipartisan majority of the Colorado legislature, spearheaded by Joan Fitzgerald, President of the Senate and Representative Tom Plant, placed Referendum I on the ballot to address basic unfairness in our current laws. 2. Ref I (Domestic Partnership) is a license which could be obtained from the local city clerk and would create a binding legal contract between committed same-sex couples. 3. The passage pf Referendum I would fix our broken laws by providing some of the rights, benefits, protections and responsibilities that other couples currently have. 4. In essence, Referendum I is not marriage, rather it is basic legal rights and therefore would not change current Colorado marriage law "which recognizes only the union of one man and one woman as a marriage." 5. Referendum I would bind couples to their commitments and hold them 10/4/2006 Page 2 of 3 accountable to one another and their children by enabling the courts to enforce alimony and child support payments. 6. Beyond minimal start-up costs to create new forms, the ongoing costs would be borne by the licensing fees paid by partners. 7. Referendum I would guarantee health insurance benefits through a partner's place of business, would provide worker's compensations benefits, create inheritance protections, and would give partners the right to visit each other in the hospital, to make end-of-life decisions, direct nursing home care, make medical decisions and arrange and direct burial arrangements. 8. It would remedy the unfair legal disparities that exist in state law and does not give committed same-sex couples "special" rights. 9. Domestic Partnership is NOT marriage because it would only be recognized in Colorado (and would require state residency status) and the 1,100 federal provisions that apply to marriage would not apply to Domestic Partners. 10. Married couples have access to the following benefits whereas committed couples in a Domestic Partnership would not: • be able to file joint tax returns • have access to tax deductions • have access to Social Security benefits after a partner's death • take advantage of veteran's discounts based on a partner's military service • automatically inherit their partner's savings tax-free • be able to transfer tax shelters, such as 401 (k)s without tax consequences • protect partners from having to liquidate property to pay for nursing home care 11. Currently many local municipalities offer some sort of benefit to committed same-sex couples such as Breckenridge, Glendale, Lafayette, Boulder, Englewood, Golden, and Wheatridge-the leaders recognize that including domestic partners in benefit programs is a growing trend in corporate America. 12. Employers in Colorado such as Anthem Blue Cross, Colorado College, First Data Corporation, Janus Capital Group, Inc., Level 3 Communications, Inc., Molson Coors Brewing Company, Qwest Communications, Wild Oats and others recognize the competitive advantage of recruiting and retaining top quality employees. 13. Offering domestic partnership benefits can place companies at a competitive advantage, indicate the city's commitment to fairness in the workplace, and is a logical extension of providing a workplace free of sexual orientation discrimination We hope that you will consider endorsing Referendum I. Your endorsement will help build the 10/4/2006 Page 3 of 3 support we need to ensure Referendum I passes. Thank you for your time and consideration. Mabs Potter Boulder Event and Outreach Coordinator Coloradans for Fairness 1725 Walnut St. Suite A Boulder, CO 80302 www.fairequal.- o ra 303.800.0593 mpotter@co-fairequa1.org 10/4/2006 M Referendum 1: Basic Legal Rights Good for Colorado's Economy. Good for Colorado. What does Referendum I do? Referendum I does NOT authorize gay marriage. It simply creates a binding, legal contract for committed couples who are currently denied the basic rights and responsibilities that other couples enjoy. Referendum I will provide the right to visit a sick partner in the hospital, the right to direct medical care for an incapacitated partner, and basic property and inheritance rights. Why is Referendum I needed? Our laws are broken. Today, thousands of committed couples lack basic legal protections and responsibilities. These couples are not guaranteed the right to see each other in the hospital, direct nursing home care or make funeral arrangements for each other. Referendum I would bind these couples to their commitments and hold them accountable. How is this different than marriage? Colorado law already defines marriage as between one man and one woman. Referendum I specifically states that it would not change the status quo. Referendum I simply creates a binding, legal contract that defines the responsibilities and protections for committed same-sex couples — more like a will than a marriage. More than 1,100 rights guaranteed to married couples by federal law will remain off-limits to same-sex couples. They will not be able to file joint tax returns, nor will they receive Social Security survivor benefits. The relationship will not be recognized by other states, nor will Colorado be required to recognize civil unions or same -sex marriages from other states. 1725 Walnut St. Boulder, CO 803102 p 303- 800 -0593 www.fairequal.org 0 Do other businesses support domestic partnerships? A majority of Fortune 500 companies already offer domestic partnership health care benefits because they've found it helps them recruit and retain employees. Which Colorado employers already offer domestic partnership benefits? Anthem Blue Cross, Colorado College, First Data Corporation, Janus Capital Group, Inc., Level 3 Communications, Inc., Molson Coors Brewing Company, New Belgium Brewing Company, Newmont Mining Corporation, Qwest Communications International, Sports Authority, Wild Oats Markets, Inc. Will the government force a business to offer health care benefits? No. If a business does not currently offer health care benefits to employees' spouses, it will not be required to offer those benefits to domestic partners. What if my business does offer health care benefits to spouses? Referendum I will extend the same protections to domestic partners that you currently offer spouses. Many companies who already do this voluntarily have found the costs to be negligible because, in many cases, both partners already have jobs with benefits. Will this be a paperwork headache? No, because most insurance companies already have domestic partnership plans. And when Referendum I passes, it will eliminate the guesswork over who qualifies. There will be one document: a license obtained at county courthouses. Why do we need a new law since people already form contracts to handle some of these issues? Spouses retain many of these rights automatically while same-sex couples must pay lawyers and accountants to create wills, powers of attorney and other legal documents. And, still there are limitations. Any legal document can be challenged in court and many issues, such as health care benefits, cannot be obtained even with contract. Why does Referendum I limit its benefits to same-sex couples? A bipartisan majority of Colorado lawmakers supported Referendum I as a way to level the playing field and create a similar set of rights and responsibilities for all Colorado couples. Referendum I in no way creates special rights. It only attempts to deliver some necessary legal protections to thousands of Colorado couples who don't have them now. 1725 Walnut St. Boulder, CO 80302 p 303- 800 -0593 ) www.fairequal.org Frequ|��NN�� ^� ��NN��d�� ently Nm�� m��~~�� =am��`~~.� ,�,�,� � on Referendum I What does Referendum Udo? Referendum | does NOT authorize gay marriage. |t simply creates a binding, |8g8| contract for committed couples who are currently denied the protections that other couples enjoy. Referendum I provides the most basic legal rights and responsibilities, such Gs hospital visitation, freedom tomake end-O#ife decisions and the ability to transfer and inherit property. Why ia Referendum |needed? Our laws are broken. Today, thousands Of committed couples lack basic legal protections and responsibilities. These couples are not guaranteed the right to see each other in the hospital, direct nursing home care or make funeral arrangements for each other. And there i9 DO provision in the law enforcing child support payments. Referendum I would bind these couples to their commitments and hold them accountable tOone another and their children. How is this different from marriage? Colorado law already defines marriage aS being between one man and one woman. F|efeF8ndUrn | simply creates 8 binding, legal contract that defines the responsibilities and protections for committed same-sex couples — more like a will than a marriage. More than 1.1O0 provisions 0f federal law that apply t0 married couples will remain unavailable t0 same-sex couples. Under Referendum |' same-sex couples will not receive any tax benefits or Social Security benefits and the relationship will not be recognized by other states. Does Referendum U undermine marriage? Not in the least. Referendum |ia not marriage and it does not affect anyone who ia married. Referendum | does not diminish the benefits granted to 0@[[i8d couples nor does it discourage anyone from getting married. Who is eligible for the benefits and protections granted by Referendum |? Any couple iO CV|n[adO in aCUnnnnUted, same-sex relationship, where both partners are at least 18 years 0|d, not related tO one another and not married or in another Domestic Partnership may apply for a license at their county clerk's office. Would other states recognize the relationship created under Referendum ]? No. One Of the major dhfeFenDeSbeimxseDnnani8ge and Domestic Partnership iSthat other states would NOT be required to recognize couples who register in Colorado. Does Referendum I respect differences mf opinion among people mffaith? Absolutely. Referendum | merely creates 8 license that will be obtained at county courthouses. The referendum expressly protects religious freedom. What if voters approve a constitutional ban on gay marriage? Because Referendum I creates only civil contracts and not gay marriage, the ban does not affect the referendum. Referendum | does not change the existing law banning gay marriage in Colorado, nor does it conflict with Amendment 43. 1725 Walnut St. Boulder, CO 80302 www.fairequal.org 303-800-0593 V Referendum I; More FAQ 1. Isn't Referendum I unnecessary because couples see a lawyer and execute legal documents and contracts to solve all these problems? There are many important protections in Ref. I that are impossible to contract — such as workers' comp benefits, wrongful death lawsuits, and access to health insurance coverage. Besides, legal documents can be expensive to create, and they have their limitations. Any legal document can be challenged in court, they may not be recognized by banks or hospitals or ambulance drivers, and they're only useful if you can produce them when you need them, which may be difficult in emergency situations. 2. Why is Referendum I limited to same -sex couples? Isn't it discrimination to exclude opposite -sex couples? Ref. I is designed to remedy the problems with existing laws and make them applicable to same - sex couples. Opposite -sex couples don't experience these gaps in our current laws because they have the option to marry. Besides, if excluding opposite -sex couples from Ref. I is discrimination, then excluding same -sex couples from marriage is, too. Ref. I is a common- sense solution to fix the problems in our current laws without changing the marriage laws. 3. Is Referendum I different from marriage? Yes! There are many differences between Ref. I and marriage. Under Ref. I committed couples would not be entitled to file joint tax returns, there's no guarantee that their relationship would be recognized in other states or foreign countries, and the over 1,100 provisions in federal law that apply to married couples will not apply to them — things like tax benefits and social security. 4. Does Referendum I protect children? Yes! Children gain increased economic security by having two legal parents with legally binding responsibilities. Important protections such as child support obligations and inheritance rights will be enforced by Ref. 1. 5. Isn't Referendum I an expensive mandate on businesses that will hurt our state's economy? Equal benefits in the workplace benefit everyone. Many employers already offer health insurance benefits and other workplace policies that treat all committed couples fairly, and they do it at nominal expense. Not that many couples take advantage of domestic partnership benefits MR because both work outside the home and have their own benefit packages. If a company doesn't offer health benefits to spouses, it won't have to offer them to domestic partners. 6. Will the federal "Full Faith and Credit clause" for other states to recognize domestic partnerships created in Colorado? No state or foreign country is bound by Colorado law on this topic. Some may choose to honor the couple's commitments to one another under Ref. I, but there is no guarantee that this will happen. For instance, hundreds of couples have gone to Vermont to get a civil union, but courts around the country have refused to recognize them in their home state. 7. What is the fiscal impact of Referendum I on taxpayers? The Legislative Council has estimated the cost of Ref. I to be $136,000 per year, primarily to cover discrimination complaint investigation and enforcement. Also, couples will pay a license fee that will be used by the state and the county clerks to offset administrative costs. The Legislative Council estimates that license fees will generate $52,500 in state and local government revenues each year. 8. Is "Reciprocal Beneficiaries" a better solution to the problems facing same - sex couples? Reciprocal beneficiaries was considered by the state legislature and rejected as a solution to the problems faced by committed couples. Instead, a bipartisan majority voted to place Ref. I on the ballot. Reciprocal beneficiary laws only allow people to address issues that can already be addressed by legal contracts, wills and powers of attorney. They don't address the many issues that are impossible to fix by contract under our current laws. 9. Will the passage of Referendum I prevent gays and lesbians from achieving full marriage equality? Ref. I is designed to address the basic unfairness in our laws today. It provides committed couples with access to some very basic legal protections without changing our marriage laws. 1725 Walnut St. Boulder, CO 80302 www.fairequal.or 303 - 800 -0593 9 a Why Referendum I does NOT authorize marriage Only married couples can file joint tax returns; Referendum I will not change that C, Married couples have access to tax deductions; Referendum I will not change that or grant access to anyone else. Married couples benefit from more than 1,100 provisions in federal law; Referendum I will not change those provisions or extend them to anyone else. Marriage is portable. A marriage performed in one state is honored in all 50 states; Referendum I is not portable — it is simply a contract that is only valid in the State of Colorado. Married couples have access to Social Security after a spouse's death; Referendum I will not change that or extend that right to anyone else. Married couples can take advantage of veterans' discounts based on a spouse's service in the armed forces; Referendum I will not change that or permit allow anyone else to take advantage of those discounts. Marriage licenses have no residency requirement; Referendum I does. Anyone requesting a contract under Referendum I must live in the county where they apply. When a married person dies, his or her spouse automatically inherits that person's savings tax-free; Referendum I will not change that or extend that right to anyone else. Tax shelters, such as 401 (k)s, are transferable among married couples without tax consequences. Referendum I does not change this or extend these benefits to anyone else. Laws protect married couples from having to sell their homes to pay for their spouse's nursing home care. Referendum I does not extend this protection to anyone else. 1725 Walnut St. Boulder, CO 80302 303- 800 -05}3 Aww.fairequal.org I The Facts on Referendum I It's not marriage. It's basic legal rights. Colorado voters will go to the polls this November to consider Referendum I, which was sent to the ballot by a strong, bipartisan majority of Colorado lawmakers. The referendum does NOT authorize gay marriage. Rather, it fixes a hole in state law by clarifying the legal status of committed Colorado couples. Referendum I simply provides committed couples with basic legal protections and responsibilities, including the right to visit a partner in the hospital, make medical decisions for an incapacitated partner, make funeral arrangements, direct nursing home care and secure basic property and inheritance rights. It creates a binding, legal agreement between a committed couple to provide the basic responsibilities they are currently denied. • Thousands of committed Colorado couples are not guaranteed the ability or the responsibility to make decisions regarding medical treatment for one another. • Thousands of committed Colorado couples are not guaranteed the right to make funeral arrangements for a deceased partner. • Thousands of committed couples lack access to heath insurance benefits through a partner's place of business. Referendum I would also ensure that the courts enforce the responsibility of same -sex partners to pay alimony and child support. 1725 Walnut St. Boulder, CO www.fairedual.orgy 303.800.0593 M Statement of Resolution In Support of Referendum I: The Colorado Domestic Partnership Act WHEREAS, thousands of law- abiding, taxpaying Coloradans are denied basic legal protections and responsibilities merely because they live in committed, same -sex relationships; and WHEREAS, committed same -sex couples are not guaranteed the right to visit a partner in the hospital, direct his or her care in a nursing home, or to leave their property to whom they wish upon death; and WHEREAS, gays or lesbians who die without a will are more likely to have their property left to the government than to their partner, and WHEREAS, this November, Colorado voters will have the opportunity to approve Referendum I a registered civil contract between committed same -sex couples; and WHEREAS, Referendum I, while not marriage, will provide many, but not all, of the protections and responsibilities that these couples deserve; and WHEREAS, the passage of Referendum I will send a strong signal throughout the country about Colorado's commitment to fairness and equality for all citizens; Now, Therefore Be It RESOLVED that does hereby declare its full public support of, and urge a YES vote on, Referendum 1: the Colorado Domestic Partnership Act at the General Election on November 7, 2006. Signed Print Name Email Address Organizational Address Phone Date Domestic Partner Benefits Summary August 10, 2006 Definition of Domestic Partner. Same sex domestic partners, meeting the Health Insurance Provider's affidavit requirements. May vary depending on provider. Affidavits attached. Tax Issues: Federal tax law provides that the provision of health care benefits by an employer to employees does not create any additional income for employees. The same is true of employer provided health care benefits for spouses and dependent children of employees. However, there is no such treatment for domestic partners if they do not meet the criteria of Section 152, which defines the term "dependent". See page 3 of Domestic Partner Benefits Analysis. This means the provision of health care benefits to an employee's domestic partner will result in additional taxable income to the employee. The amount of additional taxable income will be equal to the excess of the value of the benefits provided over the amounts the employee has contributed under the plan- for the benefits. In addition, the employee's contributions for such coverage must be made on an after-tax basis. See page 4 of Domestic Partner Benefits Analysis for an example. Eligibility: Employees wanting to add domestic partners will be required to show proof of partnership by completing and meeting all of the requirements of the Health Insurance Provider's 'Affidavit of Domestic Partnership'. If there is a change in the domestic partner status that makes the affidavit invalid, the employee will be required to notify Human Resources and submit a 'Declaration of Termination of Domestic Partnership'. See Attachment A of Domestic Partner Benefits Analysis. Cost to City. There are no additional surcharges or fees for Domestic Partnership coverage, however the city could experience plan increases at renewal, as a result of possible increased claims, as with adding any additional participants to the plan. Other costs would include an 'increased premium amount for the City's contribution. Employee only cost ($280.65) vs. Employee + spouse cost ($465.98) The difference = $185.33 (Kaiser) Other local municipalities offering some sort of benefits to same- sex couples: Boulder County City of Breckenridge City of Glendale City of Lafayette City of Boulder City of Englewood City of Golden City of Wheat Ridge N w I IN T -M V=09 - .. Analysis August 9, 2006 Gallagher Benefit Services, Inc City of Northglenn Domestic Partner Benefits Analysis Introduction The City of Northglenn requested that Gallagher Benefit Services, Inc. (GBS) provide information on domestic partner benefit coverage. Included below is information regarding benchmarking data, an overview of tax and legal implications, potential costs and sample documents. The intent of this analysis is to provide you with general information regarding the status of, and/or potential concerns related to, your current employee benefits issue. It does not necessarily fully address all your specific issues. It should not be construed as, nor is it intended to provide, legal advice. The City's general counsel or an attorney who specializes in this practice area should address questions regarding specific issues. Overview GBS has seen the inclusion of domestic partners in benefit programs as a growing trend in corporate America. The main motivation behind their decision has been to remain competitive, retain employees and show their commitment to diversity in the workplace. It has also aided clients by being able to respond to lawsuits claiming discrimination on the basis of marital status or sexual orientation. Most employers providing coverage for domestic partners do require both the employee and their partner to sign affidavits confirming their eligibility. Benchmarking GBS has reviewed the prevalence of medical coverage for domestic partners by accessing the 2005 Hewitt Spec Book Summary Survey Results and the Human Rights Campaign Foundation website database. The Hewitt survey included 950 employer groups ranging in all sizes. Of the 950 groups surveyed, (415) 54.53% did not offer domestic partner coverage. While (415) 43.68% did offer coverage. Data was not provided by approximately 1.5%. The 2004 Human Rights Campaign found that 8,278 employers offer domestic partner health benefits. Gallagher Benefit Services, Inc 2 City ofNorthglenn Domestic Partner Benefits Analysis a Tax Issues Federal tax law generally provides that the provision of health care benefits by an employer to its employees does not create any additional income for an employee. The same is true of employer-provided health care benefits for spouses and dependent children of employees. Furthermore, federal tax law provides that employees can make pre-tax contributions to pay for benefits for themselves, their dependent children and spouses. However, there is no such treatment for domestic partners if they do not meet the criteria of Section 152. Section 152 defines the term "dependent" for purposes of subtitle A of the Code. Sections 152(a)(1) through (8) define dependent in terms of support and relationship. Those sections define a dependent as an individual who: receives more than half of his or her support from the taxpayer for the year, and 2) who has the home of the taxpayer as his or her principal abode and is a member of the taxpayer's household during the entire taxable year of the taxpayer. Section 152(b)(5) imposes an additional requirement — it provides that an individual is not considered a member of the taxpayer's household if the relationship between the individual and the taxpayer is in violation of local law. in general, the provision of health care benefits to an employee's domestic partner, will result in additional taxable income to the employee if the domestic partner doesn't qualify as a dependent under the code. The amount of the additional taxable income will be equal to the excess of the value of the benefits provided over the amounts the employee has contributed under the plan for the benefits. The employee's contributions for such dependent's coverage must be made on an after-tax basis. Reimbursements received or payments made to provide under the plans will not be taxable to the employee. The employer cost of providing benefits for domestic partners is considered ordinary income and is, therefore, subject to taxes, including FICA, FICA Medicare, federal, state and city taxes. Gallagher Benefit Set-vices, Inc City of Northglenn Domestic Partner Benefits Analysis An example of the imputed income would be as follows: Total Cost of Employee + Spouse (Kaiser): $601.00 Employee monthly deduction for EE+Spouse: $135.00 Employee monthly deduction for EE Only: $ 20.00 Employee deduction attributed to Spouse: $115.00 Fair market value of single coverage to have taxes imputed on: $301.00 Minus employee contribution for coverage: -$115.00 Amount to be included in gross wages: $186.00 The example above assumes that the domestic partner is not a qualified dependent under Section 152 and therefore the value of the benefit needs to be taxed. Eligibility GBS recommends that The City of Northglenn review its internal policies, such as its mission statement, 'nondiscrimination/fairness policies, employee handbooks and other materials to determine the precise definition of "domestic partner" for benefits purposes. Most definitions of "domestic partner' contain some common elements including cohabitation, financial interdependence, minimum age, mental competence, and a relationship of mutual caring. Affidavit GBS recommends The City of Northglenn require employees with domestic partners to show proof of partnership by completing an affidavit. The affidavit would serve as a sworn legal statement attesting to the employee and domestic partner meeting all of the City's specific requirements for qualification as domestic partners for benefit purposes. Both -of the City's health carriers require an affidavit and have provided them. GBS further recommends that The City of Northglenn require employees to notify The City of Northglenn if there is any change in the domestic partner status that makes the "Declaration of Domestic Partnership" invalid or erroneous. That notification could take the form of Attachment A titled "Declaration of Termination of Domestic Partnership." Gallagher Benefit Services, Inc 9 City of Northglenn Domestic Partner Benefits Analysis MW M Administrative Issues GBS recommends that the City communicate the eligibility rules surrounding enrolling domestic partners. If this amendment is adopted, then an open enrollment period should be offered. After the initial enrollment period, employees wishing to add/term domestic partners should follow the same qualifying event guidelines as other employees. Ensuring Confidentiality Some employees may hesitate to come forward and cover their domestic partners in the City's health plan. Asa result, The City of Northglenn should ensure that each employee's privacy will be preserved if the employee enrolls a domestic partner. For example, some employees could be concerned -that their registry via signed affidavit will "out" them to coworkers, which could result in an invasion of privacy and fears of discrimination. Advantages & Disadvantages of Offering Domestic Partner Coverage Advantages Recruitment, Retention, and Employee Relations: In tight labor markets, where talented workers are at a premium, domestic partner coverage can be an effective tool for attracting and retaining employees. As more companies across a wider spectrum of industries offer domestic partner benefits, those that do not offer domestic partner coverage run the risk of placing themselves at a competitive disadvantage. Offering a benefits package that appeals to a diverse work force enables The City of Northglenn to maintain a recruitment edge and communicates that the City values a diverse work force. Employee morale is positively affected where individuals believe the employer demonstrates that it values its employees. External Image: The City of Northglenn can come to view domestic partner benefits as an important indicator of the City's commitment to fairness in the workplace. Sexual Orientation Discrimination: Domestic partner benefits are a logical extension of the City's commitment to provide a workplace free of sexual orientation discrimination. Also, a guarantee of fair treatment is essential if employees are expected to reveal their relationships in order to secure health coverage for their domestic partner. These benefits do represent a small social recognition of same-sex relationships. And instituting them can help create a dialogue on orientation and other discrimination issues in the workplace. Gallagher Benefit Services, Inc City of Northglenn Domestic Partner Benefits Analysis LA N Increased Employee Productivity: Maintaining strong policies against discrimination and providing equal benefits can alleviate personal stress that may keep employees with same-sex partners, from focusing fully on work due to their concern over employer acceptance of their lifestyle. Disadvantages The City of Northglenn may experience an additional 1% to 3% increase in plan costs. Participation Rates: Potentially few people could directly benefit, usually less than one percent of the work force. Social and religious objections: A percentage of society refuses to acknowledge or accept same-sex couples. Society's reluctance to recognize the legitimacy of same-sex couples contributes to employer unwillingness to offer domestic partner benefits. The City of Northglenn can manage public or religious backlash by anticipating adverse publicity and being prepared with responses. The City of Northglenn would need to argue that their employment polices are not designed to change personal values, they are designed to foster an atmosphere of fairness and professional respect in the workplace. Further, domestic partner benefits represent equal pay for equal work, a tool for attracting and retaining the best employees and a means for improving productivity. Portability, Coverage is not portable, and could therefore be lost by an employee changing jobs. Tax Implications: Domestic partner benefits are subject to federal and state income tax, unlike benefits for married couples. The administrative issues surrounding the taxation of these benefits should be considered. Fraud: There is the fear that employees will misrepresent their relationship to obtain benefits for individuals that are not their domestic partners. However, a significant disincentive for The City of Northglenn employees to misrepresent is the requirement to complete the domestic partner affidavit. The City of Northglenn can use the completed affidavit to exact repayment from any employee who fraudulently receives domestic partner benefits, and if necessary, file criminal and civil claims against the individual. Gallagher Benefit Services, Inc I City of Northglenn Domestic Partner Benefits Analysis Min N Attachment A The City of NorthgIenn . Aeclaration of Termination of Domestic Partnership certify and declare employee, former domestic partner, and I are no longer domestic partners as of date). We understand that coverage for this former domestic partner will end on the last day of the month during which the domestic partnership is terminated. I make and file this Declaration of Termination of Domestic Partnership in order to cancel the Declaration of Domestic Partnership previously filed due to no longer meeting all of the requirements ' of domestic partnership under the City of Northglenn benefits coverage arrangements set forth in I the Declaration of Domestic Partnership. 1, the employee of the City of Northglenn, understand that another Declaration of Domestic Partnership cannot be filed until 90 days after the date the relationship ended as set forth above. I affirm, under penalty of perjury, that the above statements are true and correct. Employee: Printed name: Address Former Domestic Partner Name: Gallagher Benefit Services, Inc 7 Date: City of Northglenn Domestic Partner Benefits Analysis �- ' f REQUEST FOR ENROLLMENT OF DOMESTIC PARTNER To be completed along with an enroltment form Seciion � Affid°an# of Domestic Partnershtp- , E and Print Employee's Name Employee's Social Security Number Print Partner's Name Partner's Date of Birth Declare under penalty of perjury that we are same sex domestic partners within the meaning of the following declaration: 1. We have an exclusive mutual commitment similar to that of marriage and intend to remain sole domestic partners indefinitely; and 2. We share the same principal residence; and 3. We agree to be responsible for each other's basic living expenses during our domestic partnership such as food, shelter or medical expenses; we also agree that we share financial obligations and any third party who is owed these expenses can collect from either of us; and 4. We are both 18 or older and mentally competent to consent to a contract; and 5. Neither of us is married; and 6. Neither of us would be prevented under law from marrying the other as a result of blood or marriage; and 7. Neither of us has a different domestic partner now; and 8. Neither of us has had a different domestic partner in the last six months unless a previous domestic partnership terminated by death. Partner's Social Security Number�� Date Domestic Partnership Established Each of us agrees to immediately notify the Human Resources department in writing if there is any change of circumstances attested to in this Affidavit. Each of us understands that domestic partners are eligible for enrollment only during Open Enrollment Periods. Each of us understands that the company may be required to report imputed income to an Eligible Employee who has enrolled a domestic partner for coverage under the plan, if the partner does not qualify as a Dependent of the employee as that term is defined by Section 152(a) of the Internal Revenue Code. Each of us understands that the non- employee domestic partner will not be extended continuation of coverage through COBRA by PacifiCare. Each of us understands the rules of the plan and declares under penalty of perjury under the laws of the state of residence that the statements we have made here are true and correct. We acknowledge that any misrepresentation of the above facts is grounds for termination of coverage. We understand that completion of this affidavit in no way guarantees approval of coverage. I Signature — Domestic Partner I Date Domestic Partner Address STATE OF COLORADO COUNTY OF ) ss. The above document was subscribed and sworn to before me this 20_ by My Commission Expires: SEAL 6455 S. Yosemite St. Greenwood village, CO 80111 and Customer Service: • PacifiCare SignatureVatueSm (HMO) and PacifiCare SignaturePOSs" 1- 800 -877 -9777 TDHI 1 -800 -360 -1797 • PacifiCare Signature0ptions' and PacifiCare Signaturelndependences"' (Indemnity) 1 -866- 316 -9776 TDHI 1- 866 - 816 -2018 • PacifiCare SignatureFreedom5m (SOHN 1 -866- 867 -0700 TDHI 1 -866- 867 -0701 www.pacificare.com day of 02003 by PacifiCare Health Systems. Inc. CM -503 -44615 PC 07012 AFFIDAVIT OF DOMESTIC PARTNERSHIP * SECTION ONE I, and are domestic partners, and we: (Name of Domestic Partner) 1) are each eighteen (I8) years of age or older; 2) share a close personal relationship and are responsible for each other's common welfare; 3) have lived together continuously for six months; 4) are each other's sole domestic partner; 5) are not married to anyone nor have had another domestic partner within the prior twelve months; 6) are not related by blood closer than would bar marriage in the State of Colorado; 7) share the same regular and permanent residence, with the current intent to continue doing so indefinitely; 8) are jointly financially responsible for "basic living expenses" defined as the cost of basic food, shelter and any other expenses of a domestic partner which are paid at least in part by a program or benefit for which the partner qualified because of the domestic partnership. (Note: domestic partners need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible for the cost.) 9) were mentally competent to consent to contract when our domestic partnership began. SECTION TWO 1 understand that my domestic partner is eligible for enrollment during open enrollment periods, at the time of my hire or within 30 days of becoming a newly eligible dependent. I understand that this Affidavit shall be terminated upon the death of my domestic partner or by a change in circumstance attested to in this Affidavit. 3. 1 agree to provide written notice to my payroll/personnel representative if there is any change of circumstances attested to in this Affidavit within 30 days of the change by filing a Statement of Termination of Domestic Partnership. 4. After such termination, I understand that another Affidavit of Domestic Partnership cannot be submitted until 12 months following the filing of a Statement of Termination of Domestic Partnership with my payroll/personnel representative. If my domestic partner dies, I may file a new Affidavit after all the criteria in Section One are met. * Domestic partner coverage is limited to same -sex partners. MM MERM SECTION THREE We understand that the information contained in the Affidavit will be held confidential and will be subject to disclosure only upon express written authorization or as required by law. 2. We understand that a civil action may be brought against us for any losses, including reasonable attorney fees and court costs, because of a willful falsification of information contained in this Affidavit of Domestic Partnership. (Applicable if Group has a Section 125 Plan). We understand that under applicable federal and state income tax law, payments for health coverage of a domestic partner may not be eligible for treatment under a Section 125 Plan and that coverage of the non- employee domestic partner could result in additional imputed taxable income to the employee, with possible withholding for payroll taxes (including income and social security taxes). 4. We understand that, in addition to the eligibility requirements of [ Group Name ] for domestic partner coverage, there are terms and conditions of coverage set forth in the Evidence of Coverage of each health care plan offered through [ Group Name ] to which we agree to be bound. 5. We understand that willful falsification of information contained in this Affidavit may result in our termination of enrollment by the health care plan that we select for coverage. We also certify under penalty of perjury under the laws of the State of Colorado that the foregoing is true and accurate to the best of our knowledge. Signature of Employee/Date Signature of Domestic partner /Date Address City, State, Zip Code County of State of Colorado SUBSCRIBED AND SWORN before me this day of , 20 Notary Public My Commission Expires * Domestic partner coverage is limited to same -sex partners. STATEMENT OF TERMINATION OF AFFIDAVIT OF DOMESTIC PARTNERSHIP I request removal of my domestic partner, and his/her dependents from my insurance coverage effective on (Please print) Name of domestic partner Name(s) of domestic partner dependents I understand that I will not be able to apply for another domestic partner coverage until twelve_ months have passed from the above date, unless my domestic partner is deceased. I have mailed a copy of this Statement of Termination to my former domestic partner. Print Name of Employee Signature County of State of Colorado SUBSCRIBED AND SWORN before me this day of , 20_ Notary Public My Commission Expires Page I of 2 / �� Question ��- : �� = From: "Nadine Smith" < > To: "Paula Jensen" <pjansen@nmrthgkenn.org> Date: 4/11/20854:32PM Subject: RE: HB-l344 Related Question Of the thirty-two entities who responded, there where eight organizations who offered benefits in someway to same- sex couples. • Boulder County • City ofBoulder • City ofBreckenridge • City uIEnglewood • City ofGlendale • City nfGolden • City ofLafayette • City of Wheat Ridge The City of Lakewood is currently looking into balso. From: Paula Jensen [maUtox northglenn.org] Sent: Thursday, April 2006 12:02 ' ' �� n�daong' barn�sK��an�d�cous' chasbnuuck0�c orvaUa.co.us; �o�don_hei|man��a1g^com|e»» a ' ' ' ' ' ' da ks '� ��nmdacous' c�ouffer@donado.co.us;DROMERO��.onmda.co.us;imatbonn��d.ama .co.us� mmoy . . . ' ' |d h niaa0��i bou|d�roo us' ka�onk0�c bou|derco us> noed0�d.boukjer.co.ua; gomeze@ci.boulder.co.us; � ' ' ' ' ^ ' ' hinto b n��e|dcous' - bo kj ha me| V�dbnzomf�|dcou*' � n�� n�o ' - dingw0�d bou|dero/ us' wm\�o�ro��d. u er.00.ua| a n mv . . . ' .".= ." ....^...~~._- «�� ' ' '~° b --- |d |ah�fh��d bnoo dco ua' nwi||kamapnV�d broonnf��.co.us; �nnat��d bruon��e|d.co�u�� fh�X�ci. n�o��a .00.us| . nx/�/ . . ' . ` i b � |d �h masggd commen�e chyco us' Uo| oommunce- SSMITH��ci broom�e|d co.us� vmauh��c. room e .co.us� o . - . . , °-..��. ' ' r@d erce-dtycous' mdy�tra��dfedana|-heights dty.co.u��kriccio0��i'commero��y~co'us|pg'eefedmoomm�htsco's''m.nsd(�yV�dgo|~encous' ' s|eonhardt@ci.federa|-heights ny/-n�g . .0 , u . "^ . . ' pheimbach@d �okden.co.us; tna|��d.g�dan.co.u� buh�rm��.gnee|ey�o.us; cannonN�d.greek�'"co.m� ' hem i coVs' mcc�bes��dgnaeeyoous' DoveMi|�r��.Longn�onLcn.us; dorkd��dgroe�yxo.us� penny�o.greex�'. . , . . . ^ , . '— fil ://C:\]oouonontoaodS jposoo\LnculS l00002.HTM 8/9/2006 Page 2 of 2 nxdonmell@ftgov/znn}sjonjan@Vtgov.com| Undaw@[hprdorg; summerm@fhpn].org; phernera@glendaka.co.us; cchapman@greenwoodvillage.com; cbuh|man@jeffco.us; fkel&r@jeffco.us;jkrantz@jeffco.us;jmoore@jeffco.us; Ischink@jefho.us; it@jefco.uy; |any.davis@judicia|. state. co. us; hz.stnzng@judiciaistete.co.us; mindy.maaksa@judicia|.s1ate.co.us; co|hom@|akewood.org; KatLyn@|akevmxod.org;,kenmU@tmkevvood.ong; Unha|@|akevwzod.org| |oneher@lakewoud.org; nanrho@|akewood.ong; wcercie|lo@larimerorg; jgryniswcz@|itdetongov.org;kburke@httktongov.org;Nanphens@ m|ucarielloccb|hiletongovnrg; ndoanxater@|U±|etongov.oq]; v*cadaun@|U±|etongm/.org; bmonquezpnopp@mineyandassodates.com; jgbraun@minesandassociates.com;|cuUen@minesnndossodates.com;mkenb@mioesandassodntes.com; nsminos@minesandassodates.00m; bwyngorden@msec.org| ooggeco@moec.org; kruthp4ndC&mso.com; bbishop@mvvvd.dst.co.us; dachuefher@mwrd.det.cu.us; dwi|aon@mwrd.dat.co.us;jpadiUa@mwmd.dst.co.us; Christy Lehr; Debbie Garcia; Monica Bordash; pduncan@northg|enn.ong; dvvbw|er@parkarfine.ong; ncokeman@parkehire.org; owi||iams@yilverthorne.org;cothyr@townofbreckenridge.com;dana1@townofbneckenridge.com; sheh|yn@townnfbreckenridge.com; Matt Mog|cy; Nadine Smith; srush@westmetrofve.org; tsteerns@wostmetnzfine.nrg Subject: Re: HB-1344 Re|oted Question Northglemdoes not - butIomveryinterestedinyoursurvey results. Thanks. Paula Jensen x>> "Nadine Smith" <Nadines@townofsu 4/6/3006 11:41 AM >»> Do any of your organizations extend health and/or life insurance benefits to domestic partners between same-sex couples? Thanks, Nadine file:MDJ000montm and S noaoz\LnuulS l00002]H7M 0/9/2006 ��iL�'iiL• IFARI'ot the VALLEY l l A To. Honorable Mayor and Town Council C 0 L 0 R A D 0 Thru: Larry Brooks, Town Manager From: Eric Heidemann, Community Development Di r Date October 5, 2006 Re. Housing Needs Assessment Update Introduction: As you are aware, RRC Associates was contracted to prepare the Town of Avon Housing Needs Assessment. This project was identified as a capital project for this year, and after discussion with Council and the Planning & Zoning Commission, staff requested that RRC submit a proposal for services. The scope of work, summarized below, is expected to provide new information for Avon as to where housing strategies and programs could be most effectively targeted. The study originally had a four month completion timeline, including an open house and workshop, and concluding with a final presentation/study providing the Town with a housing program analysis and strategic recommendations. Task 1: Data Collection Task 2: Primary Research Task 3: Housing Profile Task 4: Gap Analysis Task 5: Housing Program Recommendations Task 6: Open House/Workshop/Final Pres. Shortly after the process began, staff attempted to coordinate the Housing Needs Assessment, particularity the data collection and surveys, with the Town of Vail and Eagle County. However, after several weeks of discussing timing and scheduling, it became apparent that we were prepared to move the project forward, and the Town of Vail and Eagle Count were not. To date, the consultant has collected surveys and interviewing employers. October and a Final report in November Town Manager Comments: Memo to Town Council Re: Housing Needs Assessment Update the necessary data, and is currently conducting Staff expects to have a draft assessment by late 0 IJ_Ci 1 0 M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner I Eric Heidemann, Director Dale October 5, 2006 Re. Trails Open House Summary Introduction: HEART of the VALLEY C 0 L 0 R A D 0 This memo is to conclude the findings from the August 8th Open House. The goal of the Open House was to review existing recreation trails in and around Avon, and to collect data and understand use patterns of these trails by Avon residents. There was a favorable turnout for the Open House and by no doubt an interest in creating and maintaining a formalized trail system in Avon. There are a number of trails in the area, many of which have developed into a difficult management situation. There are some trails in Avon on National Forest Service lands that have never been designated as "system" Forest Service trails due to limited resources, access and other reasons beyond the Town's control. It has become apparent in recent years though that management of these trails can be achieved with joint collaboration and energy from various interested entities. To this date members of the Singletree Property Owners Association (SPOA), National Forest Service, Department of Wildlife, and Town Staff have held several joint meetings to discuss collaboration opportunities. From those meetings staff and others involved have learned that different measures can be taken in order to preserve these trails for future use. For example, a Memo of Understanding is in progress to ensure joint policing of the 'West Avon' trail system. Summary: Based on the input received from property owners and trail users (collected in the form of a dot voting exercises and questionnaires), there is convincing evidence that there is public interest in these trails not only for use but for maintenance and monitoring. This dialogue with Avon residents has not only informed staff but may help inform the United States Forest Service scoping process for their draft Trail Management Plan. Attached to this Memo is a map provided by staff showing some of the various trails in the focus area. Also included is a summary of the Questionnaire and Dot Voting results collected during the Open House. Memo to Town Council, Open House Summary Page 1 of 2 Re: Avon Trails It is evident that there are members of the community able and willing to donate time to manage and sustain a trail system in West Avon. Of particular interest to residents are the June Creek, Metcalf Creek, and Buck Creek trails. These three trail heads were targeted as priority for improvements and upgrades. Trail use information collected also dictates that residents use trails primarily for hiking/walking and mountain biking, with pet walking close behind. There is also a clear demand for mixed-use and motorized trail use which should be accommodated and monitored for user ship conflict.- Town Manager Comments: Attachments: Overview Map of Trails Comprehensive Plan - Pages 61 & 62 Summary of Questionnaire & Dot Voting Memo to Town Council, Open House Summary Page 2 of 2 Re: Avon Trails Goals and Policies) I. Parks, Recreation, Trails and Open Space Policy 1.1.1: Require new residential and resort developments to incorporate recreational amenities that are accessible to the public. Policy 1.1.2: Continue to evaluate and acquire parcels or easements for open space, trails, and recreation. Policy 1.1.3: Integrate the town's recreational trail system with the regional trail systems (ECO Trails, U.S. Forest Service, and BLN). Policy 1.1.4: Require new annexations and developments to include or otherwise contribute to land for trails, open space, and recreation purposes. Policy 1.1.5: Coordinate with Eagle County and other government and non- profit agencies in planning, protecting, and managing public open space, and in providing access and linkage opportunities. Policy 1.1.6: Conduct a master plan study of Nottingham Park so that potential program enhancements can be identified to better activate and enhance the park as Avon's primary recreational and cultural center. Town of Avon Comprehensive Plan Wage 61 Goals and Policies Policy 1.1.7 Develop a river front park that connects the Eagle River to the Town Center Districts and Nottingham Park. Goal 1.2: Coordinate and collaborate with surroundings jurisdictions and agencies to develop seamless recreational opportunities. Policy 1.2.1: Participate in travel management planning by the U.S. Forest Service to ensure that the adequate development and long -term maintenance of trails and trailheads are meeting the town's needs. Policy 1.2.2: Collaborate with other recreation providers such as Western Eagle County Metropolitan Recreation District and private homeowners associations to discuss joint use of facilities and coordinated event planning. Policy 1.2.3: Prevent U.S. Forest Service and BLM land swaps within the 3- mile planning area. J. Public Services, Facilities, Utilities and Government Policy J.1.1: Consistently adhere to established policies and regulations. Policy J.1.2: Analyze town spending to assure that the priorities of this comprehensive plan are being considered for implementation. Goal J.2: Ensure cost effective provision and development of public facilities and services. Town of Avon Comprehensive Plan Page 62 Trails Open House Summary August 8, 2006 Trail Priority- Dot Voting Votes 1) June Creek 18 2) Metcalf Creek 18 3) Buck Creek 16 4) Beaver Creek Point 10 5) Saddle-Ridge Loop Access 6 6) Nottingham Ridge Trail 3 7) Wildridge Park - Tract D 3 8) Nottingham Road Trail 2 9) Buffalo Ridge/Swift Gulch 1 10) O'Neal Spur (private) 0 Use Priority- Dot Voting Votes 1) Walking & Hiking 23 2) Mountain Biking 13 3) Pet Walking 8 4) Motorcycle 6 5) 44 Jeep 5 6) Snowshoeing 3 7) ATV 3 8) Running 2 9) Snowmobiling 1 10) Horse 0 October 10, 2006 Town Council Update Avon Trails Questionnaire Result Summary (28 received) 1) What trail(s) would be most important to preserve in Avon? June Creek - 1 Metcalf Creek - 9 Buck Creek - 7 BC Point/Saddleridge Loop - 4 All - 4 Wildridge to Nottingham Rd - 3 Nottingham Road to Singletree - 2 Nottingham Ridge Trail - 2 On Road Path upper WR Roads - 1 2) Should Avon trails be non-motorized? Yes - 14 No- 8 Limited Mixed-Use - 7 3) There are limited trailheads with parking: Swift Gulch Road & Buck Creek on Mountain Star Drive. What other trail head(s) should be established or improved? June Creek - 9 Don't Know - 7 Metcalf Creek - 4 *w/snowmobile parking None - 4 Beaver Creek Point - 3 Nottingham Rd - 2 Metcalf Road @ hairpin turn - 1 4) What is the major issue you see facing the management of Avon Trails? User ship conflict - 17 Erosion - 8 Public/Private interfaces - 6 Wildlife or seasonal closures - 2 5) How do you primarily use the trails in Avon? Walking & Hiking - 18 Cycling - 10 Pet Walking - 7 Motorized use - 7 Running - 1 October 10, 2006 Town Council Update Avon Trails 6) Would you like to see overnight parking areas? ►f. KII Yes - 7 *June creek *Overnight for hiking trails 7) Would you be willing to help police /manage the future Wildridge Trail System? Yes - 20 No - 6 Not Sure - 2 8) Do you prefer single -track trails or double -track trails? Single -track - 19 Double -track - 6 9) Are you willing to volunteer your time to help re -veg erosion areas and create /maintain the trail system? Yes - No- Possibly - 22 3 3 October 10, 2006 Town Council Update Avon Trails 11li To. Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Community Development Director Dales. October 5, 2006 HEART of the VALLEY C 0 L 0 R A D 0 Re. Work Session Request- Folson PUD / East Town Center Update TAB and Associates has requested a formal work session with the Planning and Zoning Commission / Town Council to review development concepts for their upcoming PUD amendment. Staff has scheduled the worksession for October 17th, 2006, which is a regularly scheduled Commission date. It is anticipated by the developer that a review-of overall concepts for the project will provide a better understanding of the development plan for the project in total, and will benefit the Town in reviewing a re-submitted PUD amendment application. In addition to the Folson PUD discussion, Design Workshops will also be presenting an update to the Town Center East Master Plan efforts. Staff expects that discussion to include an update of the Market Investigation report and preferred alternative. Key stakeholders in the Town Center East area will also be invited. Town Manager Comments: 0 Attachments: Folson PUD concepts Community Development Update to Council Re: Work session —X— TAB Associates 4110 A. Alhb.*,W BW- < MM <: 0— < REcEIVED 3 3 OCT O 3 2006 3 151 WD OF C41L INERT LOCH 77ON UNDETERMINED 3— RY Development 4 jXX no� -o::z 410 Bus STOP --Zz w E S, q Onz ZZE onz - --Z- Z:: -o: oo� 7 so? SST-015 Sig D 0 Z---n� iss psi -ssRPsVS-ss? 7VE zon 6k 000 -- us Soo SONON is! s�j zss -is� w 0 Pon 101 SQO-Sos 303 nvs�s 000 non SO- -000 000 iss pis 420 SOS SOS 20-won A A n:n At� -\ ---nE --<:n --n So o--O OAS RE PLAN SOO- �00, �0-0- 00 S�gso- goo 0- \1 Sol = no SOO sno 90� Z�� 110 Z-7 "�VS�OS Soo Asswon vvn 1 i, 00- 20� JS OW20M Site Plan L — — — — — — I 0627 n PHASE 1 - LOWEST G,4RAGE LEVEL ul scAt.E- �.am -m• d 1410' —� 32 15 COMPACT II—' // PHASE t - GARAGE ENTRY / BLD( (D PHASE 1 - LOSSY LEVEL All SGALE:1 ".30' -0' n PHASE 2 - LOWEST G,4RAGsE LEVEL ` nu sca�.E:l PHASE 2 - RESTAURANT / PAWING LEVEL Ail SCALE:1'•30' -O' rr i �� n PHASE 3 - PARKING LEVEL CA.E..� 11 TAB Associates (Glp ]eFl4A stir w� roe* LeFells t)Otl6.±13 aeeteses lee.leebde.c bed J W � 2 •C 00 W p QU U BMd T6. Garage and Lobby Floor Plans 0627 A2.1 PHASE 2 - LEVEL 4 5CALXTI'.�-� Iva SE 3 - LEVEL 2 PHASE 3 - LEVEL 3 TAB Associates 71. 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SXV0 H3AIN 0 ozlf� 0 YIYU Ot:UVM A8VNIVW13?ld VNDMN3 UH XY3d Ad ONUDC3 M4 W3d "V G ON3031 5NN30M1 03SC)dDbd Wd 31383t= X UNDJOUd (3Wl GW*RLS3*) 3wirya 4, TlYDS 3lHdVZ[D z7 "Mom auj I" 3L3wioHs G3&0,JDW 7=z- WIM WN3M wil'Nodss"L V V NOR035 33S W Z;43O rT. 4. 1N ly DUPHL 100 OW *NPJ3LN3 "DIUMMMM AaVN® Ml8d 335 SJ.N3YUUVdY GN3831OV3 44Zr iU:411M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engine Date: October 4, 2006 Re: Railroad Crossings & Transportation Center - Project Updates Summary: This is to provide a very brief update on the status of the Transportation Center and Railroad Crossing projects. Transportation Center: Construction Plans completed to the 95% level were presented to the Town Council and the Planning and Zoning commission in May of this year. The 95% drawings did not include a snowmelt facility which was a condition of the Planning and Zoning Commission Approval. Subsequently, a Council approved an amendment to the Design Workshop design services agreement to incorporate a snowmelt system into the design and construction documents. The snowmelt facilities are to be incorporated into the construction bid package in the form of three alternates: Alternate 1 - Complete Snowmelt System with Independent Boiler for Transportation Center Alternate 2 - Installation of In- Ground Piping and Control System with Stubouts for Future Central Boiler Alternate 3 - No Snowmelt Facilities The Snowmelt System Design is underway and Steven Spears submitted a schedule that projects 95% draft documents by Thanksgiving and a 100% bid package complete by December 15, 2006. This fits with our proposed schedule of Advertising for Bids on January 11, 2007, Bid Opening February 2, 2007, Award of Contract February 13, 2007 and construction beginning April 16 and finishing no later than October 31, 2007. The location of the proposed underground boiler is shown on Exhibit I and a Schematic Layout for proposed boiler room is shown on Exhibits 2 and 3. I:A Engineering \CIP\Administration \Updates \Transit Ctr & RR X- Ing.Doc Railroad Crossings: Construction Plans and a Letter of Credit to cover the cost of plan review were forwarded to the Union Pacific Railroad in June of this year. In July we were advised that they would not begin review of the plans until after the ruling on their appeal to the PUC was final. The PUC ruling was made in September and the Railroad advised that they would not be filing any additional appeals with regard to this PUC ruling. On September 14th Dudley Spiller submitted a copy of the appraisal for the crossings and a letter requesting the plan review move forward to allow construction as early as possible. Today, October 4th I was able to make contact with Sue Graebler to get an update on the status of the plan review and schedule for construction of the crossings. Their first step is preparing cost estimates for their portion of the work to be incorporated into an agreement between the Railroad and the Town. This is backlogged because this is also the time they are trying to budget for all of their capital improvements for next year as well as any crossings such as ours and she had no estimate for the timing. She did agree to talk with their attorney to see if the Right of Entry Agreement issued to B & B Excavating for work at the Confluence can be modified to allow the required grading work be completed prior to final approval. This should allow us to take advantage of the contractor and materials available on the Confluence site to complete this portion of the work yet this fall. We should have their response to this request within the week. We have requested a Proposal from B & B Excavating for construction of the Railroad Crossing and we also expect to have this within the week. Recommendation: This is a Project update and no action is requested or recommended at this time. Town Manager Comments: Attachments: Exhibit 1: Underground Boiler Location Exhibit 2: Boiler Room Floor Plan Exhibit 3: Boiler Room Elevation L \Engineering \CIP\Administration \Updates \Transit Ctr & RR X- Ing.Doc 2 Avon Town Center 115 I O-Z Transit Center ON Town of Avon Avon, Colorado BEAUDIN ' 0 GANZE Consulting Engineers, lnc. .:� VA: (970" 949-6108 Lake Tahoe: 030) 55()-7334 Denver: (3,03) 278-3820 Forc Collins: (970) 221-5691 C�-- BY DATE SUBJECT AS4A TWAkr SHEET NO. OF JOB NO. -��-777+7777-1 --------- -- Al t-I BEAUDIN GANZEe;�"' Consulting Engineers, Inc. (970) 949-6108 Lake Tahoe: (530) 550-71334 Denver: (303) 278-3820 Fort Coltins: {970) 221-5691 BY DATE SUBJECT SHEET NO. OF JOB NO. I J1 I A I 1 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Ilk" Jeff Schneider, Engineer II Date: October 4, 2006 Re: Nottingham and Puder Ditch Improvements - Design Services Proposal Summary: Alpine Engineering, Inc. submitted a proposal for Engineering Design Services for improvements to the Nottingham and Puder Ditch, which provides irrigation water for the Town of Avon, Traer Creek Metropolitan District, and EMD, LLC. The project is divided into two phases: Phase I, generally the eastern portion of the project, includes the ditch from the east end of the existing 48 -inch diameter pipe just north of Section 17 and just west of Sections 47 and 18 to the existing headgate in the Eagle River, and Phase II, generally the western portion of the project, includes the existing 48 -inch diameter pipe with concrete headwall at the Union Pacific railroad crossing to the west end of the existing 48" pipe in Section 8 just north of Section 17 and just west of Sections 7 and 18. Timely award of this design proposal is critical in order to complete field survey work prior to the onset of winter weather conditions. Discussion: The consulting services proposed by Alpine Engineering, Inc. generally include the following: • Cost estimating; • Surveying, including determination of property boundaries and owners, flowline elevations, inverts, and cross sections where applicable; • Evaluation of wetlands issues; • Preparation of construction plans and technical specifications; • Preparation of sediment control plan and Stormwater Discharge Permit applications. This scope of services does not include any work at the headgate including headgate and headgate check dam refurbishment design, pipe cleansing devices, wier structure design, floodplain delineation, construction staking, etc. Bishop- Brogden performed a detailed study C:ADocuments And Settings\Nwood \Local Settings \Temporary Internet Files \OLK23\Alpine Design Award Council MemO.Doc I I of the headgate area in 2004 and is currently preparing a design services proposal to implement recommendations from their report to be presented at the October 24, 2006 council meeting. The cost of all Nottingham and Puder Ditch improvement work will be shared by the Town of Avon, Traer Creek Metro District, and EMD LLC per the Nottingham and Puder Ditch Repair, Maintenance, and Management Agreement approved by Town of Avon Resolution No. 06- 28,Series of 2006. A copy of the agreement and corresponding resolution is attached as Exhibits B and C respectively. The Town of Avon will bear fifty percent (50 %) of all costs per the attached agreement. Financial Implications: Alpine Engineering's design services proposals include $21,960 for Phase I and $13,600 for Phase II, resulting in a total design services fee of $35,560. With the proposed cost sharing of design and construction costs, the Town's portion of the design services fee will amount to $17,780 and is within the proposed project budget. The entire design fee of $35,560 will be borne by the town, and revenue will be adjusted to reflect contributions of Traer Creek Metro District and EMD, LLC. Recommendations: Approve the Design Services Proposal submitted by Alpine Engineering, Inc. for the Nottingham and Puder Ditch Improvements for an amount not to exceed $35,560 without prior written approval. Approval of this proposal is contingent on approval for the cost sharing at the October 18, 2006 Traer Creek Metro District Board meeting. Attachments: Exhibit A Alpine Engineering Inc. Proposal Exhibit B Nottingham and Puder Ditch Repair, Maintenance, and Management Agreement Exhibit C Resolution No. 06 -28, Series of 2006 Town Manager Comments: C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \Alpine Design Award Council Memo.Doc 2 0 FA PROFESSIONAL SERVICES AGREEMENT Project Name: Nottingham/Puder Ditch Date: October 5, 2006 Phase I Client: Town of Avon Job #: PO Box 975 Avon, CO 81620 Consultant: Alpine Engineering, Inc. Project P.O. Box 97 Location: Avon, Colorado Edwards, CO 81632 SCOPE OF The scope of Consultant's services is limited to the following: Phase I — From east end of existing 48" pipe in Section 8 just north of Section 17 and just west of Sections 7 and 18 to the existing headgate in the Eagle River. Description Estimated Fee TASK 1— Provide construction cost estimate for piping material Prepare cost estimates for piping material options $ 960.00 Subtotal $ 960.00 TASK II— Survey information Identify Property Ownership (per tax maps $ 400.00 Establish control and locate land corners $ 2,000.00 Locate all angle points and record flowline elevation and width $ 1,500.00 Survey inverts, measure pipe dia., note pipe material $ 1,000.00 Shoot corners of headwalls and sketch with dimensions and thickness $ 1,000.00 Provide field cross sections of challenging areas $ 1,000.00 Subtotal $ 6,900.00 TASK III — Wetland Consulting Western Ecological Resource Evaluate wetland issues associated with the project and coordinate with the Army Corps of Engineers $ 2,000.00 Subtotal $ 2,000.00 TASK IV — Design Nottingham/Puder Pipeline Design and prepare construction plans $ 10,000.00 Prepare technical specifications $ 500.00 Prepare sediment control plan and Stormwater Discharge Permit Application $ 1,600.00 Subtotal $ 12,100.00 Total Estimated Fee $ 21,960.00 NOTE: This estimate does not include: headgate or headgate check dam refurbishment design, design of irrigation piping cleansing devices, design of a compound weir structure to measure and divert flows, a drainage study, report or design for detention or water quality facilities, geotechnical, geologic hazard mitigation, floodplain delineation, off -site improvements, construction staking, structural engineering, retaining wall design, construction administration, construction review services, value engineering, as- builts, easement exhibits, construction bid documents, wetland delineation, survey of floodplain sections for floodplain study, or applying for wetland permit (if required). October 2006 Nottingham/Puder Ditch FEE BASIS: Consultant shall perform and complete its services on a time and expense basis in accordance with the following Schedule of Charges. Hourlv Professional Rates Principal $120.00 Project Engineer $100.00 Senior Design Engineer 95.00 Registered Surveyor 100.00 Design Engineer 90.00 Senior Surveyor 85.00 Engineering Technician II 80.00 Survey Technician 80.00 Engineering Technician I 75.00 Resident Engineer Technician 80.00 Resident Engineer 90.00 Office Technician 55.00 1- Person Survey Crew 100.00 2- Person Survey Crew 125.00 3- Person Survey Crew 135.00 Reproduction Costs Bluelines, per sheet $ 2.00 Mylar per sheet, 30 "x42" 18.00 Plotting, translucent bond per SF .25 Color Plotting, per SF 1.50 Mylar per sheet, 24 "06" $ 12.00 Paper copies, 8 "x11" per sheet .10 Plotting, mylar per SF 1.00 Other Charges Attendance at Public Meetings - $175.00 per hour Expert Testimony and Court Appearances - $200.00 per hour Support services, deliveries, materials and supplies - cost plus 10 %. Subconsultants -cost plus 10 %. Per Diem and Lodging - cost plus 10 %. Vehicle Mileage, standard - $0.50 per mile All other direct project expenses, i.e. special equipment rental, commercial travel, shipping - cost plus 15 %. The following Terms and Conditions are incorporated into and made a part of this Professional Services Agreement: ADDITIONAL WORK: Any work request by the Client not defined in the above Scope of Services is deemed additional work and shall be invoiced in accordance with the Fee Basis of this contract. PROJECT Client will make available for Consultant's review all available information INFORMATION: regarding project conditions or requirements that may be relevant to or affect the services to be performed under this Agreement. All project data shall be made available in CAD format (DWG or DXF form). Client will immediately transmit to Consultant any new information concerning the project that becomes available to it, either directly or indirectly, during the performance of this Agreement. Client agrees to render reasonable assistance as requested by Consultant so the performance of the services under this Agreement may proceed without delay or interference. Consultant will not be liable for any advice, judgment or decision based on inaccurate or incomplete information furnished by Client or others engaged by or for Client, and Client will defend, indemnify and hold harmless Consultant against any claims, obligations and liabilities arising from or related to such inaccurate or incomplete information, or from or related to Client's failure to provide information as required by this paragraph. JOBSITE SAFETY: Consultant does not assume responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions. Consultant and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety. PAYMENT TERMS: Client will pay Consultant for services and expenses in accordance with the agreement. Consultant's invoices will be presented at the completion of its work, monthly, or as specified in the quotation, and will be paid within fifteen (15) days of receipt by Client or Client's authorized representative. Client agrees to pay a finance charge of 1 1/2% per October 2006 Nottingham /Puder Ditch 2 month on past due accounts, or the maximum allowed by law if such maximum is less than 1 1/2% per month. FORCE MAJEURE: Consultant shall not be liable to Client for any loss, liability, cost, damage or expense arising out of the delay or failure to render services under this Agreement where such delay or failure arises by reason of legislative, administrative or government prohibition, fire, weather conditions, hostilities, civil disturbances, labor or industrial disputes, inability to secure labor, acts of God or any other event beyond the reasonable control of Consultant, in which event either party may terminate that portion of the services under this Agreement not yet completed, and Consultant shall have no further liability to Client therefor. A change authorization extending the time to perform and stating an appropriate fee adjustment may be elected by mutual agreement of the parties hereto as an alternative to termination. OWNERSHIP OF All reports, plans, specifications, field data and notes and other documents, INSTRUMENTS including all documents on electronic media, prepared by the Consultant OF SERVICE: as instruments of service shall remain the property of the Consultant. OPINIONS OF In providing opinions of probable construction cost, the Client understands that the PROBABLE COST: Consultant has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable construction costs provided herein are to be made on the basis of the Consultant's qualifications and experience. The Consultant makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. LIMITATION OF To the fullest extent permitted by law, and not withstanding any other provision of LIABILITY: this Agreement, the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees, agents and subconsultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents or subconsultants, or any of them, shall not exceed the amount of $50,000.00. In no event shall Consultant be liable for special, incidental, exemplary, punitive or consequential damages. LIMITATIONS All egal actions by Client against Consultant shall be barred after two years have PERIOD: passed from the time Client knew or should have known of its claim, and under no circumstances shall be initiated after three years have passed from the date on which Consultant substantially completed its services or from the date upon which Consultant's services were terminated, whichever date shall earlier occur. TERMINATION: Either the Client or the Consultant may terminate this Agreement at any time with or without cause upon giving the other party ten (10) calendar days prior written notice. The Client shall within fifteen (15) calendar days of termination pay the Consultant for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect. ACCEPTANCE: Consultant's receipt of this executed Agreement is expected within five (5) days of the date shown hereon. Acceptance after five days is subject to Consultant's other contracts in progress and the performance hereof. If Consultant is verbally requested by client to proceed with any work prior to execution of the Agreement, any work done will be on these terms. The undersigned parties acknowledge the terms of this Agreement which represent the entire mutual agreement between Consultant and the undersigned Client and this Agreement supersedes all prior negotiations, representations October 2006 Nottingham / Puder Ditch 3 or agreements written or oral prior to execution date of the Client below. Please execute both copies and return one copy to Alpine Engineering, Inc. as authorization to begin work. Consultant: ALPINE ENGINEERING, INC. Client: C Name: Kent Kriehn, PE Name: Title: Project Engineer Title: Date: Date: October 2006 Nottingham/Puder Ditch 4 PROFESSIONAL SERVICES AGREEMENT Project Name: Nottingham/Puder Ditch Date: October 5, 2006 Phase II Client: Town of Avon Job #: PO Box 975 Avon, CO 81620 Consultant: Alpine Engineering, Inc. Project P.O. Box 97 Location: Avon, Colorado Edwards, CO 81632 SCOPE OF The scope of Consultant's services is limited to the following: Phase II — From existing 48" pipe with concrete headwall at the UP railroad crossing to the west end of existing 48" pipe in Section 8 just north of Section 17 and just west of Sections 7 and 18. Description Estimated Fee TASK I — Provide construction cost estimate for piping material Info from Task I — Phase 1 TASK II— Survey information Identify Property Ownership (per tax maps) $ 0.00 Establish control and locate land corners $ 0.00 Locate all angle points and record flowline elevation and width $ 1,000.00 Survey inverts, measure pipe dia., note pipe material $ 500.00 Shoot corners of headwalls and sketch with dimensions and thickness $ 500.00 Provide field cross sections of challenging areas $ 1,000.00 Subtotal $ 3,000.00 TASK III — Wetland Consulting Western Ecological Resource Evaluate wetland issues associated with the project and coordinate with the Army Corps of Engineers $ 1,000.00 Subtotal $ 1,000.00 TASK IV — Design Nottingham/Puder Pipeline Design and prepare construction plans $ 7,500.00 Prepare technical specifications $ 500.00 Prepare sediment control plan and Stormwater Discharge Permit Application $ 1,600.00 Subtotal $ 9,600.00 Total Estimated Fee $ 13,600.00 NOTE: This estimate does not include: headgate or headgate check dam refurbishment design, design of irrigation piping cleansing devices, design of a compound weir structure to measure and divert flows, a drainage study, report or design for detention or water quality facilities, geotechnical, geologic hazard mitigation, floodplain delineation, off -site improvements, construction staking, structural engineering, retaining wall design, construction administration, construction review services, value engineering, as- builts, easement exhibits, construction bid documents, wetland delineation, survey of floodplain sections for floodplain study, or applying for wetland permit (if required). October 2006 Nottingham/Puder Ditch l 14 FEE BASIS: Consultant shall perform and complete its services on a time and expense basis in accordance with the following Schedule of Charges. Hourly Professional Rates Principal $120.00 Project Engineer $100.00 Senior Design Engineer 95.00 Registered Surveyor 100.00 Design Engineer 90.00 Senior Surveyor 85.00 Engineering Technician II 80.00 Survey Technician 80.00 Engineering Technician I 75.00 Resident Engineer Technician 80.00 Resident Engineer 90.00 Office Technician 55.00 1- Person Survey Crew 100.00 2- Person Survey Crew 125.00 3- Person Survey Crew 135.00 Renroduction Costs Bluelines, per sheet $ 2.00 Mylar per sheet, 30 "x42" 18.00 Plotting, translucent bond per SF .25 Color Plotting, per SF 1.50 Mylar per sheet, 24 "06" $ 12.00 Paper copies, 8 "xl V per sheet .10 Plotting, mylar per SF 1.00 Other Charges Attendance at Public Meetings - $175.00 per hour Expert Testimony and Court Appearances - $200.00 per hour Support services, deliveries, materials and supplies - cost plus 10 %. Subconsultants - cost plus 10 %. Per Diem and Lodging - cost plus 10 %. Vehicle Mileage, standard - $0.50 per mile All other direct project expenses, i.e. special equipment rental, commercial travel, shipping - cost plus 15 %. The following Terms and Conditions are incorporated into and made a part of this Professional Services Agreement: ADDITIONAL WORK: Any work request by the Client not defined in the above Scope of Services is deemed additional work and shall be invoiced in accordance with the Fee Basis of this contract. PROJECT Client will make available for Consultant's review all available information INFORMATION: regarding project conditions or requirements that may be relevant to or affect the services to be performed under this Agreement. All project data shall be made available in CAD format (DWG or DXF form). Client will immediately transmit to Consultant any new information concerning the project that becomes available to it, either directly or indirectly, during the performance of this Agreement. Client agrees to render reasonable assistance as requested by Consultant so the performance of the services under this Agreement may proceed without delay or interference. Consultant will not be liable for any advice, judgment or decision based on inaccurate or incomplete information furnished by Client or others engaged by or for Client, and Client will defend, indemnify and hold harmless Consultant against any claims, obligations and liabilities arising from or related to such inaccurate or incomplete information, or from or related to Client's failure to provide information as required by this paragraph. JOBSITE SAFETY: Consultant does not assume responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions. Consultant and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety. PAYMENTTERMS: Client will pay Consultant for services and expenses in accordance with the agreement. Consultant's invoices will be presented at the completion of its work, monthly, or as specified in the quotation, and will be paid within fifteen (15) days of receipt by Client or Client's authorized representative. Client agrees to pay a finance charge of 1 1/2% per October 2006 Nottingham/Puder Ditch 2 00 month on past due accounts, or the maximum allowed by law if such maximum is less than 1 1l2% per month. FORCE MAJEURE: Consultant shall not be liable to Client for any loss, liability, cost, damage or expense arising out of the delay or failure to render services under this Agreement where such delay or failure arises by reason of legislative, administrative or government prohibition, fire, weather conditions, hostilities, civil disturbances, labor or industrial disputes, inability to secure labor, acts of God or any other event beyond the reasonable control of Consultant, in which event either party may terminate that portion of the services under this Agreement not yet completed, and Consultant shall have no further liability to Client therefor. A change authorization extending the time to perform and stating an appropriate fee adjustment may be elected by mutual agreement of the parties hereto as an alternative to termination. OWNERSHIP OF All reports, plans, specifications, field data and notes and other documents, INSTRUMENTS including all documents on electronic media, prepared by the Consultant OF SERVICE: as instruments of service shall remain the property of the Consultant. OPINIONS OF In providing opinions of probable construction cost, the Client understands that the PROBABLE COST: Consultant has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable construction costs provided herein are to be made on the basis of the Consultant's qualifications and experience. The Consultant makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. LIMITATION OF To the fullest extent permitted by law, and not withstanding any other provision of LIABILITY: this Agreement, the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees, agents and subconsultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents or subconsultants, or any of them, shall not exceed the amount of $50,000.00. In no event shall Consultant be liable for special, incidental, exemplary, punitive or consequential damages. LIMITATIONS All legal actions by Client against Consultant shall be barred after two years have PERIOD: passed from the time Client knew or should have known of its claim, and under no circumstances shall be initiated after three years have passed from the date on which Consultant substantially completed its services or from the date upon which Consultant's services were terminated, whichever date shall earlier occur. TERMINATION: Either the Client or the Consultant may terminate this Agreement at any time with or without cause upon giving the other party ten (10) calendar days prior written notice. The Client shall within fifteen (15) calendar days of termination pay the Consultant for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect. ACCEPTANCE: Consultant's receipt of this executed Agreement is expected within five (5) days of the date shown hereon. Acceptance after five days is subject to Consultant's other contracts in progress and the performance hereof. If Consultant is verbally requested by client to proceed with any work prior to execution of the Agreement, any work done will be on these terms. The undersigned parties acknowledge the terms of this Agreement which represent the entire mutual agreement between Consultant and the undersigned Client and this Agreement supersedes all prior negotiations, representations October 2006 Nottingham/Puder Ditch 3 C41 or agreements written or oral prior to execution date of the Client below. Please execute both copies and return one copy to Alpine Engineering, Inc. as authorization to begin work. Consultant: ALPINE ENGINEERING, INC. Client: fM Name: Kent Kriehn, PE Title: Project Engineer Title: Date: Date: October 2006 Nottingham /Puder Ditch 4 NOTTINGHAM AND PURER DITCH REPAIR, MAINTENANCE AND MANAGEMENT AGREEMENT This Agreement is made and entered into this day of , 2006, by and among the Town of Avon, a Colorado municipal corporation ( "Avon "), Traer Creek Metropolitan District, a quasi - municipal corporation and political subdivision of the State of Colorado (the "District ") and EMD Limited Liability Company, a Colorado limited liability company (`EMD "). 10 RE I F.1111 A. WHEREAS, the Nottingham and Puder Ditch diversion point is located on the north bank of the Eagle River at a point whence the south quarter corner of Section 8, T. 5 S., R. 81 W. of the 6th P.M. bears north 12° east 250 feet and said ditch continues generally in a northwesterly direction from its diversion point to the Town of Avon; B. WHEREAS, Avon, the District and EMD own certain water rights pertaining to the Nottingham and Puder Ditch as more particularly described in decrees entered in Case Nos. 385, 963, 1193, W -3941, W -3664 and 97CW306. C. WHEREAS, EMD's affiliate, Traer Creek LLC, is developing The Village (at Avon) project on property crossed by the Nottingham and Puder Ditch. Among other uses, the ditch may supply nonpotable water for irrigation, flow through and recreational purposes for the development and supply water to certain storage facilities; D. WHEREAS, among other uses, Avon utilizes the Nottingham and Puder Ditch to supply water to Nottingham Lake which is located down -ditch from The Village (at Avon) development; E. WHEREAS, the Nottingham and Puder Ditch has sustained some structural damage and is in need of repair, ongoing maintenance and new measuring devices in order for the parties' to convey their respective water rights through the ditch; and F. WHEREAS, Avon, the District and EMD wish to enter into this agreement in order to provide for the repair, maintenance and ongoing management of ditch operations and the allocation of costs associated therewith. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual covenants set forth herein, the parties agree as follows: 1. Ditch Repairs. The parties recognize that a new flume has recently been installed in the Nottingham and Puder Ditch. In addition, sections of the ditch need to be reworked in order to properly convey the parties' water rights. The parties may also wish to repair the headgate and diversion facility. (The new flume, ditch section and diversion {00026207/5} R facilities repairs are hereinafter referred to as the "Planned Repairs ".) The parties agree to meet each September to agree on a general repair plan for the Nottingham and Puder Ditch for the following Spring ( "Annual Repairs "). In the event of an emergency, either party may take emergency steps to prevent flooding, damage to property, or damage to the ditch ( "Emergency Repairs ") and the parties shall then meet to discuss the situation within forty -eight (48) hours. Expenses of Planned Repairs, Annual Repairs and Emergency Repairs shall be divided between the parties as follows: Avon fifty percent (50 %); the District thirty percent (30 %); and EMD twenty percent (20 %). Neither the District or EMD shall be liable for ditch repair costs below the point where the ditch leaves the western end of The Village (at Avon) property. 2. Routine Ditch Maintenance. The parties also agree to confer each Spring on routine ditch maintenance ( "Routine Ditch Maintenance ") and to either complete such maintenance themselves or contract with a third party for such work. The expenses of Routine Ditch Maintenance shall be divided between the parties as follows: Avon fifty percent (50 %); the District thirty percent (30 %); and EMD twenty percent (20 %). Neither the District or EMD shall be liable for ditch maintenance costs below the point where the ditch leaves the western end of The Village (at Avon) property. 3. Obligation to Fund Annual Repairs and Routine Ditch Maintenance. Subject to annual appropriations, the parties recognize and agree that each is obligated to the extent of their respective cost allocations in paragraph 1 and paragraph 2 to reasonably approve and fund the Annual Repairs and Routine Ditch Maintenance in order to keep the ditch operable. 4. Ditch Improvements. The parties recognize, acknowledge and agree that The Village (at Avon) development requires certain nonpotable water to be delivered through the Nottingham and Puder Ditch for irrigation (including charging certain wet well facilities), flow through, recreational purposes and to supply water storage facilities. The parties agree to cooperate regarding the delivery of unused or flow through water from the development back to the Eagle River. The parties will cooperate in utilizing historic water drainage and discharge routes, the ditch system at the west end of the development property, discharges to the Metcalf Ditch or, as a last resort, discharge down -ditch to Nottingham Lake. The ditch shall not be used as a stormwater or drainage collection system and water shall not be delivered down ditch to Nottingham Lake that differs materially in quality from water historically delivered through the ditch unless such water quality is attributable to the Eagle River which is the source of the ditch. The cost of any upgrades or repairs to such discharge facilities shall be the responsibility of the District. The costs of any measuring devices or splitter boxes in the ditch at or above the western end of The Village (at Avon) property shall be divided between the parties as follows: Avon fifty percent (50 %); the District thirty percent (30 %); and EMD twenty percent (20 %). With respect to any other major repairs, improvements or significant work including costs in excess of $50,000 ( "Significant Projects "), any party desiring same ( "Initiating Party ") shall give notice to the other parties of the work required and the estimated cost of such work ( "Cost Estimate "). Prior to undertaking Significant Projects, the parties shall agree on the scope, timing and allocation of costs ( "Allocated Share ") for such project and each party shall deposit its share of the costs in accordance f 0002620 / 5} 2 with the escrow procedure more specifically set forth below. Notwithstanding anything to the contrary set forth herein, the District and EMD may unilaterally, and in their sole discretion, relocate or pipe the ditch in areas within The Village (at Avon) development so long as (i) the carrying capacity of the ditch is not reduced below the current piped capacity of the ditch; and (ii) the District and EMD pay the costs of such improvements. 5. Escrow Procedure. Upon the parties' agreement on the scope, timing and allocation of costs for Significant Project(s), each party shall deposit in cash, with an escrow agent, agreed upon by the parties ( "Escrow Agent "), 120% of its Allocated Share to undertake the Significant Project(s), based upon the Cost Estimate. The Escrow Agent shall establish an escrow account for the purpose of funding the Significant Project(s) ( "Escrow Account ") to hold all cash deposits made under this Section, as well as interest earned thereon. Interest earned on amounts on deposit shall be treated in all respects as escrow funds. No portion thereof shall be subject to claims of the Escrow Agent's general creditors. Cash deposits received under this Section shall not be commingled with other funds. The parties will require the Escrow Agent to: (i) acknowledge that the District and Town are "political subdivisions" and that the Escrow Account is a "public deposit" as such terms are defined in the Public Deposit Protection Act of the State of Colorado (the "Act ") and (ii) establish and maintain the Escrow Account with a "public depository" as defined in the Act. a. General Disbursement. The Initiating Party shall be entitled to request a withdrawal of funds from the Escrow Account for payment of the costs for the Significant Project(s), from time to time, in accordance with and subject to the following procedure. The Initiating Parry shall copy the other parties on all communications with the Escrow Agent. All invoices and payment requests prepared in connection with the Significant Project(s) shall be delivered to the Initiating Party by the general contractor and other contractors and materials suppliers, as applicable. Upon the Initiating Party's approval of each payment request or invoice, as applicable, the Initiating Party shall transmit the request to Escrow Agent. Promptly upon receipt of approval of each payment request or invoice, Escrow Agent shall withdraw funds from the Escrow Account and make payment directly to the contractor or materials supplier, as applicable, less any retainage amount, upon receipt of: (1) the payment request or invoice and (ii) an executed mechanics lien release in a form approved by the Initiating Party. The Initiating Party shall secure.the other parties' written consent to withdraw funds from the Escrow Account in excess of line item limits contained in the Cost Estimate. The Initiating Party shall provide to the Escrow Agent a copy of the other parties' written consent when submitting a request to withdraw funds that exceeds the line item limits contained in the Cost Estimate. b. Final Disbursement. If the Significant Project(s) are completed and the Escrow Agent is still holding funds in the Escrow Account, Escrow Agent shall disburse said funds to the parties based upon each party's Allocated Share within ten (10) days after receipt o£ (i) in the case of the District or the Town, certification of the District or the Town, as applicable, that publication of notice of final payment has been made in accordance with statute; (ii) written approval of the final payment request by the other parties; and (iii) executed mechanics lien waiver(s). 100026207 / 5, 3 9 C. Retainage. The parties agree to comply with all statutory retainage provisions relating to the Significant Project(s), as applicable. d. Audit. The parties shall have the right, at their respective sole expense and at reasonable times, to conduct or to cause to be conducted an audit of the Escrow Account and all disbursements for the Significant Project(s). e. Expenses Relating to Escrow. The Escrow Agent shall be entitled to deduct from the Escrow Account all administrative fees of the Escrow Agent relating to the Escrow Account so long as the administrative fees and expenses are in accordance with Escrow Agent's fee schedule agreed to by the parties. 6. Prior Agreement. EMD and Avon's predecessor in interest, the Avon Metropolitan District, entered into a ditch repair and maintenance agreement for the Nottingham and Puder Ditch dated July 26, 1994. The parties agree that this agreement shall supersede and fully replace the 1994 ditch repair and maintenance agreement in all respects and the 1994 agreement shall, if recorded, be released. 7. Accounting for Nonpotable Uses at The Village (at Avon). The District shall be responsible for installing necessary meters and otherwise accounting for nonpotable water use at The Village (at Avon) development. The District shall provide such accounting to the Upper Eagle Regional Water Authority to be incorporated into the accounting for the augmentation plan in Case No. 97CW306. 8. Term. The initial term of this agreement shall be from the date of this agreement until April 1, 2007. Any party may terminate this agreement by providing written notice to the other parties prior to April 1, 2007. Thereafter, this agreement shall automatically renew itself on an annual basis on April 1st of each year unless any parry provides notice of termination prior to any April 1 st annual renewal date. 9. Access. Nothing in this agreement shall be construed or interpreted as granting an easement, license or right of access over the real property of any other party or any of its affiliated parties. 10. Notices. All notices, requests, consents and other communications pertaining to this agreement shall be transmitted in writing and shall be deemed duly given within 3 days of mailing or when actually received by any parry if hand - delivered, at their addresses below or any subsequent addresses provided to the other parties in writing: Notice to Avon: Town Manager Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 100026207/51 4 1 With copy to: John W. Dunn, Esq. Dunn & Associates P. O. Box 7717 Avon, CO 81620 Notice to District: Traer Creek Metropolitan District Attention: President P.O. Box 640 Vail, CO 81658 With copies to: Darlene Sisneros McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, CO 80202 Richard A. Johnson Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 Notice to EMD: EMD Limited Liability Company Attention: Magnus Lindholm P.O. Box 640 Vail, CO 81658 With copy to: Richard A. Johnson Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 11. Covenant. This agreement is intended and shall be a covenant running with and burdening the parties' respective interests in the Nottingham and Puder Ditch and shall bind and inure to the benefit of the parties' respective successors and assigns. {00026207 / 5 } 9 M 12. Miscellaneous. a. This agreement is not to be construed as a contractual waiver of any immunities or defenses provided by the Governmental Immunity Act, C.R.S. §24 -10- 101 et seq., or other statutes or common law. b. The financial obligations of Avon and the District, and of any governmental successor of any of the parties, pursuant to this agreement shall be subject to the annual budgeting and appropriation of funds therefore in accordance with Colorado law. C. This agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this agreement. d. Each person executing this agreement represents and warrants that he or she has been duly authorized by their party to execute this agreement and has authority to bind said party to the terms and conditions hereof Executed and effective as of the date first set forth above. 100026207 / St TOWN OF AVON, a Colorado municipal corporation By:_ Name: Title: TRAER CREEK METROPOLITAN DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado By:_ Name Title: Daniel J. Leary President EMD Limited Liability Company, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, its Manager on By: Name: Magnus Lindholm Title: President M )ss. COUNTY OF The foregoing was acknowledged before me this day of , 2006, by , as of the Town of Avon, a Colorado municipal corporation, on behalf of the company. Witness my hand and official seal. Notary Public My commission expires: STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2006, by Daniel J. Leary, as President of Traer Creek Metropolitan District, a quasi - municipal corporation and political subdivision of the State of Colorado, on behalf of the company. Witness my hand and official seal. My commission expires: • • I Lei 'AP• )ss. Notary Public The foregoing was acknowledged before me this day of , 2006, by Magnus Lindholm, as President of Lava Corporation, a Colorado corporation, Manager of EMD Limited Liability Company, a Colorado limited liability company, on behalf of the corporation and the company. Witness my hand and official seal. Notary Public My commission expires: 100026207 / 51 7 C 'gill lr ',(,2 , i A OCT$] 1► ► �7[�L'a►•�: Series of 2006 A RESOLUTION APPROVING NOTTINGHAM AND PURER DITCH REPAIR, MAINTENANCE AND MANAGEMENT AGREEMENT WHEREAS, Traer Creek Metropolitan District, EMD Limited Liability Company and the Town of Avon own certain water rights pertaining to the Nottingham and Puder Ditch; and WHEREAS, the Nottingham and Puder Ditch has sustained some structural damage and is in need of repair, ongoing maintenance and new measuring devices in order for the parties' to convey their respective water rights through the ditch; and WHEREAS, Traer Creek Metropolitan District, EMD Limited Liability Company and the Town of Avon wish to enter into an agreement in order to provide for the repair, maintenance and ongoing management of ditch operations and the allocation of costs associated therewith; and WHEREAS, the Nottingham and Puder Ditch Repair, Maintenance and Management Agreement provides for ditch repairs, routine ditch maintenance, ditch improvements and the distribution of costs; and WHEREAS, the Nottingham and Puder Ditch Repair, Maintenance and Management Agreement has been reviewed and recommended for approval by Town Staff, Town Attorney and Town Water Attorney. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Nottingham and Puder Ditch Repair, Maintenance and Management Agreement is hereby approved. C: \Documents and Settings \nwood \Local Settings \Temporary Internet Files \OLK23 \Res 06 -28 Ditch Agmntl.doc ADOPTED THIS DAY OF , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk C:ADocuments and Settings\nwood \Local Settings \Temporary Internet Files \OLK23 \Res 06 -28 Ditch Agmntl.doc � J� LA I I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer`` Shane Pegram, Engineer II Date: October 5, 2006 Re: Municipal Building Expansion - Design Services Proposal Summary: The Town of Avon's Engineering Department is made up of the Town Engineer and two Engineer I1 positions. The Town Engineer, Norman Wood, currently resides in the existing Municipal Building along with Community Development while the remaining Engineering staff resides in a modular structure located at the Swift Gulch Public Works site. In order to provide for more efficient communications between the entire Engineering staff and Community Development, a proposal for design of a modular expansion of the existing Municipal Building has been requested from Victor Mark Donaldson Architects. Discussion: Since Victor Mark Donaldson Architects are the original architects for the existing municipal building, their architectural services for expansion of the Municipal Building are the logical choice. The design services proposal submitted by Victor Mark Donaldson Architects is presented as Exhibit A. The scope of services proposed by Victor Mark Donaldson Architects includes the architectural, structural, site, civil, mechanical, electrical and plumbing design during the following design phases: • Schematic design of a 1,200 to 1,500 sq. ft. modular expansion and its connection to the northwest corner of the existing Municipal Building and an enclosed stair access, including site surveying; • Design development of expansion; • Construction documents for expansion; • Construction administration; C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \Municipal Bldg Expansion Council Memo - VMDA2.Doc I I Victor Mark Donaldson Architects was the only firm to be contacted for a design services proposal with the assumption that their prior experience with the existing Municipal Building would result in a substantial cost savings. Financial Implications: Victor Mark Donaldson Architects' total base service fee is $45,700.00, and is to not be exceeded without prior approval. The 2006 Town of Avon Budget includes $40,000 in 2006 for design and the proposed 2007 budget includes $360,000 for construction. While the total design proposal from Victor Mark Donaldson Architects is slightly higher than budgeted for 2006, the portion of the total fee that will be incurred during 2006 will be within budget. Recommendations: Approve the Proposal submitted by Victor Mark Donaldson Architects for the Municipal Building Expansion with a Base Service Fee not to exceed $45,700.00. Attachments: Exhibit A Victor Mark Donaldson Architects Proposal Town Manager Comments: C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \Municipal Bldg Expansion Council Memo - VMDA2.Doc 2 0 3 R M A 1? 4 October 5, 2006 Norman Wood, P.E., Town Engineer Town of Avon Avon, CO 81620 RE: Engineering Department Addition Avon Municipal Complex Dear Mr. Wood: 0048 E BEAV;R GIIE-r BLVD Ss r= 207 Box 6300 Avoti, GO 81620 q70-949-6200 rrida@Ymd@.cr)j'n Ff,x-9 4 9-1,J 20 5 Per the request of Shone Pegrarn from your office of this morning, -we are providing you a more detailed and comprehensive breakdown of f he services to be provided by Victor Mark Donaldson Architects and its professional consultants and work product as noted herein ("VMDA") for the above proposed project. As we understand if, the proposed Engineering Department Annex consists of about 1,200-1,500 square feet of enclosed office space plus the area required making the physical connection in the area of the northwest corner of the Avon Municipal Complex proper and for enclosed stair access. We anticipate that our services will begin within fifteen ( 15) days from the date of acceptance of this proposal and Construction Documents will be completed for final pricing and building permit/plan review applications by the end of January, 2007. This projected date does not encompass any delay due to Design Review Board scheduling and is subject to revision due to any significant scheduling delays. The breakdown of our proposed fees for Schematic Design, Design Development, and the Construction Documents phases including all engineering and survey fees are as follows- Schematic Desian Phase. Architectural $5,900M Structural Engineering 1,050LO Site Surveying 1,000.00 Civil Engineering 850.00 Mechanical/ElectCic,al/P un,)b'ing Engineering 1,150,0 Schematic Design Fixed Fee $9,950M N FOR Mr. Norman', ood October 5, 2006 Page 2 Desian Developnielli Phase: Architectural $10,300M Structural Engineering 1,850-00 C[V'll Engineering 1,450.00 Mechanical/Electrical/Plumbing Engineering 2,050.0 Design Development Fixed Fee $15,650,00 Construction Documents Phase. Architectural $8,800,00 Structural Engineering 1,600.00 Civil Engineering 1,250.00 Mechanical/Electrical/Plumbing Engineering 1,750.0 Construction Documents Fixed Fee $13,400,00 if is anticipated time schedule to complete the above listed phases is as follows: 1 Schematic Design - approximately three weeks; 2) Design Development - approximately five weeks; and 3) Construcflon Documents - approximately four weeks. The bid negotiations and/or contractor selection will be made during the Design Development phase. Regarding Construction Administration phase, the following proposed fees are an estimate only and are based on an hourly prevailing rate and are subject to revision pending level of construction admin[5trotion services needed: Construction Administration Phase: Architectural $4,400,00 Structural. Engineering 300,00 Civil Engineering 650.00 Mechunical/Elecfri(--al/Plumbing Engineering 8MO4 Estimated Construction Administration $6,700M Upon acceptance of the fee structure as outlined above, we will present you with a Review Draft of Services Agreement that we have previously utilized successfullyN11h your office. Thanking you for this opportunity, I am VMD/Ihp Enc, Rates for Additional Professional Time and Additional Expenses [2QD6] ,I ARCHITECTS) 8 Professional Fee and Reimbursement Rates 2006 PROFE$$I-ANAL TIME (per hour): Mark Donaldson, Principal ........................... ........... $160.00 Chris Juergens, Principal .............................. ........... Project Manager ............... ............................ ...... $110.00 Project Architect .............................. .........................•..... $100,00 Project Coordinator ......... --- ....... --- ...... --.- ...... $ 95,00 Production Coordinator .............. ...... ....... .... $ 85.00 CADD Technician/ Designer ........... ............................... $ 75.00 Graphics/3d Modeling .................... ........•...........•.......... $ 75.00 Administrative ... - .... ........... .......... ......... ......... $ 60.00 REIMBURSEMENTS. 0048 E BEAVER CREEK BLVD SUITE 207, P,O� ROX. 5300 8.5" x 11 " photocopies...................... ........•...............,...... $ 0.20 each 8.5" x 11 " photographic color reproductions ............... $ 9.50 each 11 " x 17" photographic color ' reproductions .......... ..... $16.00 each 85' x 11 " photographic glossy film color copies ......... $12D0 each Long distance Telephone cost Federal Express, UPS, Express Mall delivery charges ..................cost U.S. mail postage- ................................ ................................... ..... cosi Mileage, ...- .... .................. ...... - ......... - .......... -. $ 0,445/mile Reproductiom - out of house .... .......... ................................. cost 11 " x 17" bond copy........................... ....•.......................... $ 0.75 each 24" x 36" bond ......... --_ ........... ...... ....... $ 3,00 each 30" x 42" bond copy ........................... ............................... $ 4.50 each Traveland hoiel .................................. .......... .......... --cost .kvoN, co 91620 970 949 5200 FAX 949 5205 WO. WiVA. CON IN WE TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 10, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRISTI FERRARO MAC MCDEVITT AMY PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH BUDGET RETREAT & WORK SESSION MEETING 8:15 AM - 3:30 PM BUDGET RETREAT 3:30 PM - 4:00 PM ROBERT KATZ, CHIEF EXECUTIVE OFFICER, VAIL RESORTS, INC. INTRODUCTION AND DISCUSION OF TOPICS OF MUTUAL INTEREST 4:00 PM - 4:30 PM FOLLOW -UP AND OTHER DISCUSSION ITEMS 4:30 PM ADJOURNMENT PLEASE SEE ATTACHED BUDGET RETREAT AGENDAS FOR OCTOBER 1 OT" & 11 TH Avon Council Meeting.06.10.10 Page 1 of 2 Facilitators: Attendees: I Please Bring: 8:15-8:45 a.m. 8:45-9:00 a.m. 9:00-10:00 a.m. 10:00-10:15 a.m. 10:15-11:15 a.m. 11:15-Noon Noon-1:30 p.m. 1:30-2:15 p.m. 2:15-2:30 a.m. 2:30-3:30 p.m. 3:30-4:00 p.m. 4:00-4:30 p.m. Budiiet Retreat' 1007 Proposed Budget, Day I October 10, 2006 8:30 a.m. to 4:30 p.m. Council Chambers Avon Municipal Building Larry Brooks, Scott Wright Mayor and Town Council, Town Manager, Department Heads 2007 Proposed Budget Binder Agenda Topics Presenter Set-up and Continental Breakfast Budget Message and Introduction Larry Brooks Overview of Proposed 2007 Budget Scott Wright Morning Break Review of Final Capital Improvements Long-range Plan and Revised 2006 Budget; Water Fund and Engineering Norm Wood Community Development Eric Heidemann Lunch, Staff Evaluations Police Department Brian Kozak Afternoon Break Public Works, Fleet Maintenance, and Transportation Robert Katz — Vail Resorts Follow-up and Other Discussion Items Bob Reed, Scott Wright, Larry Brooks I Budget Retreat e a 200'7 Proposed Budget A9 "ay 2 October 11, 2006 8:30 a.m. to 1:30 p.m. Council Chambers Avon Municipal Building Facilitators: Attendees: Please Bring- 8:30-9:00 a.m. 9:00-9:30 a.m. 9:30-10:00 a.m. Larry Brooks, Scott Wright Mayor and Town Council, Town Manager, Department Heads 2007 Proposed Budget Binder Continental Breakfast General Government Programs; Personnel Costs and Benefits Finance Department, Information Systems and Equipment Replacement Fund 10:00-10:15 a.m. Morning Break 10:15-10:45 a.m. Recreation, Special Events 10:45-11:45 a.m. Non-profit Organization Support Discussion 11:45-1:30 p.m. Working Lunch — Follow-up and Other Discussion Items Presenter Jacquie Halburnt, Scott Wright Scott Wright Meryl Jacobs Ron Wolfe