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TC Minutes 08-25-1981MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD AUGUST 25, 1981 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Municipal Building in the Council Chambers. The meeting was called to order by Mayor Alpi at 7:50 p.m. A roll call was taken with the Councilmembers in attendance with the exception of Sheila Davis and Allan Nottingham. Also present were Town Attorney John Dunn, Linda Clark with Boettcher and Company as well as members of the press and public. Dean Kirkling Mountain Planner for Beaver Creek approached the Council. He was proposing the cloud sseding program for the up coming winter with Beaver Creek Associates, Town of Vail and VA Associates participating. Larry Lichliter then approached the Council. He stated that the cloud seeding program was necessary and was a community affair participation. The cost of the program if it would be shared between Beaver Creek and the Town of Avon would be $20,150.00. There would be a savings if it could be combined between both towns and mountains. The months for the program would be November, December and January. The cloud seeding program is regulated by the Department of Natural ResourcesL of the State of Colorado. There would have to be a permit obtained then a contract signed with Western Weather Consultants. Mr. Kirkland stated they have developed snow making coverage on some selected trails up to the 9,300 to 9,400 foot level on the main mountain. It was stated that the actual seeding would be on a as-used basis, if they do not use all the days that they project in that $20,000 dollar total cost they do not charge, it's only when they use the generators that they incurr any kind of expense, but there are a certain amount of fixed costs. After some discussion Steve Erickson moved approval of $10,075.00 dollars toward the cloud seeding program with the clarification that should the budget not allow the Council to make the payment in 1981, that they would be able to make the payment in January of 1982. The motion was seconded by A.J. Wells and was unanimously carried. Mike Blair representing Wildridge Development Company approached the Council. He was requesting that the Town of Avon and the Town Council accept the Metcalf Road into the Town Road and Maintenance system. He stated that the only item in question was the extension and completion of rip-rap approximately 1,100 feet extending north from the electrical sub-station. With some reviewing done by the Town Engineer he requested that an additional length be added to the check dam in the spring channel and about 25 feet of strip south of the existing check dam in the bottom and around the sides of the Metcalf Stream. There were a few other smaller items, at the lower culvert which is the culvert at the southerly corner beginning at the electrical sub-station which crosses under Metcalf Road, there was some washed in dirt at the outlet area, that will be cleaned out, at the second culvert which is 1/2 mile north from the first culvert, there will be Jute Mesh placed and seeded on the west bank and large rock will be placed at the base of the bank of Metcalf Creek at the outlet side, the guard rail will be extended on either side of the second culvert, it will be extended by 10 to 20 feet at either end on both sides of the road. The approximate cost of the improvements of the erosion and lengthing of the check dam I would be $5,000 to $6,000 dollars and those improvements would be done within 20 to 60 vulu-days. That compares to the cost of placing 1,100 feet of rip rap which would cost $100,000.00 to $1$0,000.00 dollars. After some discussion Steve Erickson moved approval of the acceptance of Metcalf Road with the conditions so spelled out by Mike Blair including the attempt to vegetate the inlet and outlet of the culverts and that the improvements that the Town was-asking for '>e reviewed and approved by the Town Engineer. The motion-was seconded by Bill Doyle and was unanimously carried. -1- • • Next on the agenda was the payment to date for Roche Constructors, Inc. The Town Attorney stated that as he recalled there was a claim by a Drywall Company and also a Decor Decorating Company. He stated he was concerned that enough monies would be withheld to pay for these claims. He stated the other matter would be for the Town to publish the Notice of Final Settlement. A.J. Wells moved approval that the Town publish Notice of Final Settlement and that the Town require Roche Constructors, Inc. to produce lien waivers from all its suppliers and sub-contractors-Showing that they have been paid in full on the Municipal Building prior to any more payment to them and specifically those situations where liens were threatened and that at such time the Town Attorney and the Town Manager have been satisfied that all suppliers and sub-contractors and potential liens have been resolved, then the Town can pay Roche Constructors, Inc. 50% of their retention and that no other monies be paid to them until they complete the punch list and all other change orders promised to be completed within two weeks. The motion was seconded by Bill Doyle and was unanimously carried. A.J. Wells moved approval that the Town pay Roche Constructors, Inc. for work done that was approved by the Architect on the last bill, approximately $20,000.00 dollars. The motion was seconded by Steve Erickson and was unanimously carried. Elmer Claycomb from Claycomb Engineering Associates approached the Council. He stated that the question at hand would be whether Claycomb Engineering would be continuing the construction of staking and site observation through the completion of Beaver Creek Boulevard East. Councilman Wells stated that he had read the letter of the 14th and if Mr. Claycomb designed it and if he wanted to take it on and observe the construction for $13,000.00 dollars, he had no problem with it. The original bid was for $27,000.00 dollars. The Mayor asked why the extreme variation in the price. Mr. Claycomb stated it was based on a 3 month time completion and now the way the contract is written it is a 45 day time completion. Councilman Kumpost moved approval to continue Claycomb Engineering Associates, Inc. for the provision of full time on site observation not to exceed $8,000 dollars and construction staking not to exceed $5,000 dollars and the form of the agreement to be approved by the Town Attorney. The motion was seconded by A.J. Wells and was unanimously carried. Mr. Claycomb stated that in 2 weeks the second phase of the Drainage Study would be presented to the Council. He was requesting that Claycomb Engineering be put on the work shop agenda of September 8, 1981 to review the draft of the Drainage Study. Second reading of Ordinance No.#81-26, Series of 1981, AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT CREATION ORDINANCE;" CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKEN; FINDING SATISFACTORY THE REVISED AND DETAILED ESTIMATE OF COST, FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE REVISED MAP AND ASSESSMENT PLAT, ALL HERETOFORE PRESENTED IN CONNECTION WITH THE DISTRICT; PRESCRIBING THE EXTENT OF THE DISTRICT, THE KIND AND LOCATION OF THE MALL AND PARK IMPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESSMENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIMES IN WHICH THE COSTS ASSESSED WILL BE PAYABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. The Town Attorney stated that there were some changes in the Ordinance on second reading. There were new pages supplied by Bond Counsel in light of the discussion that took place last week. The $250,000.00 dollars contributed by the Town has been allocated so that $226,000.00 dollars would go to improvements to be constructed on Tract G and $23,000.00 dollars approximately would go to improvements on the interface. The estimated cost of the Mall and improvements is now $1,136,000,000 dollars. These figures have been changed on pages 12 and 17 of the Ordinance. Subject to those amendments a motion would be in order to approve Ordinance No.#81-26 on second reading. Steve Erickson so moved. The motion was seconded by A.J. Wells. A roll call was taken with the Councilmembers voting yes. The Town Attorney proceeded. He stated that the Council had not disposed of the matter of awarding the contract which was not on the agenda for the evening. It was left over from the 18th Special Meeting. This would be Resolution No.#81-12, Series of 1981, A RESOLUTION CONCERNING THE "TOWN OF AVON COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT CONTRACT RESOLUTION;" DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE MALL AND PARK IMPROVEMENTS IN SAID DISTRICT TO THE RESPONSIBLE BIDDER SUBMITTING THE LOWEST AND BEST BID UPON PROPER TERMS; AND PRESCRIBING OTHER DETAILS AND PROVISIONS CONCERNING SAID MALL AND PARK IMPROVEMENTS AND DISTRICT. -2- 0 Continued page 3 Resolution No.#81-12 0 Dean Harper approached the Council. He had a list of contract items that they would recommend to consider the deduction or ommission from the original contract in order to respectfully reduce the contract amount. The original bid from Hensel Phelps was $606,000.00 dollars and through the process they have reduced that figure to $135,000.00 dollars resulting in an adjusted contract amount of $470,000.00 dollars. The sprinkler heads were discussed. They deleted 50% to 60% of the brick pavers in the Mall. It was agreed that the Kiosk should be left in phase I and drinking fountain would be put into phase II. Bill Post approached the Council. He stated that 1) the budget that has been submitted it would be appropriate for the Town Engineer or another independent party make sure that the allocation costs have been appropriately made as between Tract G and between the independently owned adjacent lots to make sure that the hard costs were spent where the dollars are suppost to be allocated, 2) he stated that prior to entering into the contract for the construction of the Mall, that an amendment to the April 16, 1981 Mall Agreement should be coordinated with the issuance of the bonds and with the Resolution that the Town was planning to pass tonite. He stated that there was a limit of $600,000.00 dollars construction fund in the Mall Agreement and he believed that it had to be amended to reflect the $95,000.00 dollars. The other fact was because of the way the funds were going to come in on the bonds that there would not actually be any payment on the bonds until April of 1984. Mr. Post thought that it could be handled by way of a short 2 or 3 page letter agreement amending the Mall Agreement. Mr. Post agreed to draft the letter. Councilman Erickson asked that the fact that this would be bonded and that the properties were now going to be assessed, does that supersede the Mall Agreement. Mr. Post stated that if the Town had not signed the Mall Agreement, he would have agreed. Mr. Buick stated that at tonites meeting they were expecting to have a Resolution approved to that Hensel Phelps could start construction tomorrow morning, they were expecting to sign a contract. Mr. Post stated that on the allocations that were presented he was assuming that it would not happen. After some argumentive discussion the Town Attorney stated that if the Council was to proceed with the adoption of Bond Counsel it would be necessary for the Council to adopt Resolution No.#81-12 tonite. Councilman Wells stated that he understood all that, but he thought Bill Post had a very valid point, HAL wants to back out, "were're looking at 15% of the cost and who would cover that?", without the Agreement amended were're looking at a 15% of an additional $400,000 dollars, "who's going to cover that?" Mr. Dalba: "$60,000 dollars?, "Avon Center will cover it, $60,000 dollars, we'll cover it"' . Councilman Wells: "is that acceptable to you people(HAL) if we proceed toward an amendment to the Mall Agreement that is drafted in due course, if we include in that amendment all the things that ought to be included between the parties that are agreeing, if we agree that the allocations are going to be checked in due course and if there is any impropiety it would be corrected among the parties and if you people(Avon Center) will indemnify us(Town)in the event that because you have to move now and these people back out, fine." A lenghty discussion followed. There was discussion of full payment of the Town's share for the construction of the Mall. It was suggested by the Councilmembers to borrow the money. A.J. Wells moved approval of Resolution No.#81-12, Series of 1981. The motion was seconded by Larry Kumpost and was carried with Steve Erickson abstaining. The Town Attorney stated that he thought it imperative that Norm Wood verify the Allocation cost as soon as he has something from Dean Harper and that it is imperative that he get that material to Norm Wood as soon as possible. Resolution No.#81-13, Series of 1981, A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT BOND SLLE RESOLiT--ION;" AWARDING 'rHE SALE OF THE TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT, SPECIAL ASSESSMENT BONDS, SERIES OCTOBER 1, 1981, IN THE AGGREGATE PRINCIPAL AMOUNT OF $910,000 TO BOETTCHER AND COMPANY OF DENVER, COLORADO. The Town Attorney stated that the interest rate was 13.5654%. The Town had received a proposal from Boettcher & Company to purchase the bonds in the amount of $910,000 dollars and a discount of $45,500.00 dollars and the Resolution resolves that the offer of Boettcher & Company to purchase the bonds at a discount of $45,500.00 dollars and the interest rate of 13.5654% is accepted. Larry Kumpost introduced the Resolution. Steve Erickson moved approval of Resolution No.#81-13, Series of 1981. The motion was seconded by A.J. Wells and was unanimously carried. -3- 0 0 First reading of Ordinance No.#81-27, Series of 1981, AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT BOND ORDINANCE;" RATIFYING ACTION HERETOFORE TAKEN; DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; PROVIDING FOR THE COLLECTION OF SPECIAL ASSESSMENTS TO BE LEVIED TO DEFRAY THE COST OF THE MALL AND PARK IMPROVEMENTS; PRIVIDING FOR THE ISSUANCE OF SPECIAL ASSESS- MENT BONDS; PRESCRIBING DETAILS IN CONNECTION WITH SAID ASSESSMENTS, BONDS, AND DISTRICT, INCLUDING THE MANNER OF ADDITIONALLY SECURING AND EFFECTING THE PAYMENT OF SAID BONDS; PRIVIDING THE FORM OF THE BONDS AND COUPONS; PRESCRIBING DUTIES OF CERTAIN TOWN OFFICIALS IN CONNECTION WITH SAID ASSESSMENTS, BONDS, AND DISTRICT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. Linda Clark from Boettcher & Company read through the Ordinance with the Council. Larry Kumpost introduced the Ordinance. A.J. Wells moved approval of Ordinance No.#81-27, Series of 1981 on first reading. The motion was seconded by Bill Doyle. A roll call was taken with all the Councilmembers voting yes. The Contract was then signed by the Mayor. Resolution No.#81-14, Series of 1981, A RESOLUTION APPROVING THE DENSITY TRANSFER OF NINETEEN UNITS FROM THE FIFTY-FOUR UNITS RESERVED FOR THE METCALF AREA OF BLOCK #1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TO BLOCK #5 OF WILDRIDGE SUBDIVISION. It was noted that A.J. Wells stepped down. Bill Doyle moved approval of Resolution No.#81-14, Series of 1981 as stated by the Town Attorney. The motion was seconded by Steve Erickson and was carried with A.J. Wells abstaining. The Financial Matters were next presented to the Council. There was some discussion of Norman Wood's invoice. It was agreed by the Council to try Mr. Wood's time on an hourly basis. After discussion A.J. Wells moved approval of the Accounts Payables subject to holding the invoice of Upper Eagle Valley Sanitation. The motion was seconded by Larry Kumpost and was unanimously carried. The Minutes of the August 11, 1981 meeting was then presented to the Council. Steve Erickson moved approval of the August 11th meeting with these corrections. Page 3, "Application","Payment", "imprest", delete "final", change to read,"payment to date." Bill Doyle seconded the motion and was unanimously carried. The Minutes of the August 18, 1981 Special Meeting was presented to the Council. Steve Erickson moved approval of the August 18th meeting with these corrections. Page 1 add "dollars", page 2, "should". Bill Doyle seconded the motion and was unanimously carried. There being no further business Steve Erickson moved that the Council adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 12:35 a.m. ctfully Sub it d: Patricia J. Doy , Town C erk -4-