TC Minutes 02-28-19840 0
MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
FEBRUARY 28, 1984 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon was held in
the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council
Chambers.
The meeting was called to order by Mayor Allan Nottingham at 7:38 p.m. A
roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J.
Wells, and Don Buick present. Al Connell arrived at 7:40 p.m. Also
present were: Town Attorney John Dunn, Acting Town Manager Bill James,
Planning Director Jim Lamont, Director of Public Works Norm Wood,
Building Administrator Dick Evans, Superintendent of Public Works Dan
Sunday as well as members of the press and public.
The Mayor called for Citizen Input.
Stuart Canada approached the Council. Mr. Canada is a Membership
Chairman and immediate Past President of the Eagle Valley Home Builders
Association. He stated that the Association has been in existence for
three years having gone from a membership of six people to a membership
of over one hundred-ten people. Membership consists of builders,
developers, contractors and associates. They have regular monthly
meetings (first Thursday of each month), with seminars and educational
programs. At the State level the Association is an advocate of planned
growth (residential, commercial, etc.), and they are involved as far as
participation and input with codes and statues. At the National level,
there is technical advise on construction in development as well as
federal regulatory agencies. He stated that the building industry is
what will give this area an increase tax base. He stated that the fees
consist of a first year initiation and membership fee of $245 and the
second year renewal of $195. He stated that the Association was not only
looking for money, but also looking for active involvement in the
Association.
The Town Attorney was concerned in respect to the building codes and if
there would be any potential conflict in regard to those codes or
similiar issues.
Mr. Canada stated that the Association does take stances and in numerous
occasions have been involved where they have had the towns eliminate a
proposed code statue or modify the code to where it would be more
beneficial to both entities. He stated that the Association has never
mentioned an individual or a firm name, it always shows as a blanket
coverage which is Eagle Valley Home Builders Association.
After discussion A.J. Wells moved that the Town of Avon join the Eagle
Valley Home Builders Association and pay the $245 fee and have the Acting
Town Manager designate a staff member to regularly attend the meetings.
The motion was seconded by Al Connell.
Discussion followed.
It was stated that the staff member attending the meeting would be
reimbursed for out-of-pocket money for the dinner.
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A.J. Wells moved to amend his motion to designate Don Buick as the
Official Representative. If he is unable to attend the meeting,
designate another Councilmember. If a Councilmember cannot attend, then
the meetings would be covered by a staff member designated by the Acting
Town Manager. Al Connell seconded the amended motion and was unanimously
carried.
The second item under Citizen Input was the Chamber of Commerce/Marketing.
The Mayor stated that there had been a considerable amount of discussion
at the work session that afternoon on the subject.
Don Buick moved to commit to contributing to the Chamber of Commerce in
search of a Marketing Director at the rate of $3,500 a month for at least
three months and to indicate to the Chamber the strong support in finding
a full-time Director, if a Director is found then the support would
continue through the end of the calendar year starting March 1, 1984.
The motion was seconded by Greg Gage.
It was stated to designate Greg Gage to carry this message to the
President of the Chamber. The motion was unanimously carried.
It was stated that Greg Gage hand deliver the check in the amount of
$3,500, to the Chamber Board meeting which was scheduled for Monday,
March 5, 1984. It was also stated that Mr. Gage should convey to the
Chamber that forth coming money would be based on the Chamber generating
some funds of their own.
Second reading of Ordinance No.#83-42, Series of 1983, AN ORDINANCE
AMENDING ORDINANCE N0.#83-33, SERIES OF 1983, TO ADD TO THE SCHEDULE OF
RATES CHARGED BY HERITAGE CABLE TV.
Be it noted that Sheila Davis stepped down because of conflict of
interest. The Mayor opened the meeting for Public Hearing. Kevin Rice
approached the Council. He stated that this ordinance adds to the
amendment of the rates of charges that were placed on the operational
cable system since its inception. There was discussion concerning the
sentence dealing with the first and last months security charge. Mr. Rice
wished to clarify that it would be equivalent to whatever the basic
service was at its inception date for the first month plus one full month
equivalent ($13 plus $6.50 for a half month).
A.J. Wells moved approval of Ordinance No.#83-42, Series of 1983 on
second reading subject to changing the language on the first page,
Section 13, change "on" to "equal to".
After some discussion A.J. [dells moved to amend his motion so that the
sentence reads, "Security Deposit equal to the first and last month basic
service charge". The motion was seconded by Al Connell.
The Public Service Television was discussed.
Larry Kumpost stated that in the work session of that afternoon that it
was established that the Cable Company would work with the Town in good
faith to work with the Town of Vail so that the Town of Avon has some
access to their Public Service.
Mr. Rice agreed.
There being no further discussion the Mayor closed the public hearing. A
roll was taken with Larry Lumpost, Greg Gage, A.J. Wells, Al Connell
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and Don Buick voting aye. There were no nay votes. The motion carried
with Sheila Davis abstaining.
Second reading of Ordinance No.#84-1, Series of 1984, AN ORDINANCE OF THE
TOWN OF AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND
UTILITY EASEMENT IN LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION.
Be it noted that Greg Gage stepped down because of conflict of interest.
The Mayor opened the meeting for public hearing.
Rick Larson approached the Council. He was representing Peregrine
Village. He stated that the proposed easement was a vacation of a
utility and a drainage easement on the east property line of Lot 63 as
it abuts Lot 61.
He stated that they were requesting approval of the ordinance on second
reading. It was stated that the three conditions have been met. (See
minutes of February 14, 1984.)
There was discussion of an Agreement between HAL Construction and PPL
Developers in regard to the construction of the berm on HAL's property
essentially idemnifying them from damage and also in regard to
maintenance and landscaping. Mr. Larson stated that the Agreement is
something that HAL would like and PPL Developers would present to them
for maintenance and installation of the improvements indemnifying HAL for
the improvements. He stated as far as that being a condition upon
approval of the Ordinance, he did not think that it has ever been brought
up that HAL has ever voiced that opinion.
There being no further discussion the Mayor closed the public hearing.
Al Connell moved approval of Ordinance No.#84-1, Series of 1984 on second
reading. The motion was seconded by A.J. Wells. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. The motion carried with Greg Gage
abstaining.
First reading of Ordinance No.#84-2, Series of 1984, AN ORDINANCE
AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE PERSONNEL
MERIT COMMISSION AND PROVIDING FOR ALTERNATE MEMBERS OF SAID COMMISSION.
The Town Attorney stated that there was an error in the title of the
Ordinance. The word "vacancies" should be deleted. He stated the
amendment is to Paragraph A, Section 9.1, Chapter IX of the Charter. The
paragraph reads as follows, "The Council shall create and enact a
Personnel Merit System and establish a Personnel Merit Commission
composed of three (3) qualified electors". The language is added to
read, "as regular members and not more than three (3) qualified electors
as alternate members". Mr. Dunn stated that he had added the words, "not
more than" rather than saying three so that the Council would not be
compelled immediately to appoint all three (3) alternates. He stated he
has deleted the language from the Charter as follows, "within one year
after the effective date of this Charter". He stated that this language
was no longer appropriate.
There being no further discussion Larry Kumpost moved approval of
Ordinance No.#84-2, Series of 1984 on first reading striking the word
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"vacancies" in the title. The motion was seconded by Sheila Davis.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg
Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes.
The motion was unanimously carried.
First reading of Ordinance No.#84-3, Series of 1984, AN ORDINANCE
AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE MAYOR
PRO-TEM AND PROVIDING THAT THE POWERS AND DUTIES OF THE MAYOR PRO-TEM
SHALL BE THE SAME AS THE POWERS AND DUTIES OF THE MAYOR.
The Town Attorney stated that the amendment is to Section 4.5 of Chapter
IV. He stated that the only language that was being amended was in the
second paragraph of Section 4.5. The language shall read, "The Mayor
Pro-Tem shall preside at meetings of Council in the absence or disability
of the Mayor. He or she shall have all the powers and duties of the
Mayor in his or her absence or disability, including the power to break
tie votes, but he or she shall have no vote as a councilmember when so
acting."
After discussion A.J. Wells moved approval of Ordinance No.#84-3, Series
of 1984 on first reading. The motion was seconded by Al Connell. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage,
A.J. Wells, Al Connell and Don Buick. There were no nay votes. The
motion was unanimously carried.
Resolution No.#84-8, Series of 1984, A RESOLUTION BY THE AVON TOWN
COUNCIL APPROVING SPECIAL REVIEW USE ALLOWING CONSTRUCTION OF A POTABLE
WATER STORAGE TANK ON TRACT K WILDWOOD AT A MINIMUM DISTANCE OF 10 FEET
FROM WEST WILDWOOD ROAD RIGHT-OF-WAY.
Be it noted that the Mayor stepped down because of conflict of interest.
The Town Attorney stated that this merely puts in resolution form the
action Council had taken at the last meeting with respect to the Special
Review allowing construction of a potable Treater Storage Tank on Track K,
Wildwood Subdivision.
Greg Gage moved approval of Resolution No.#84-8, Series of 1984. The
motion was seconded by Larry Kumpost and was carried with Allan
Nottingham and A.J. Wells abstaining.
Resolution No.#84-9, Series of 1984, A RESOLUTION BY THE AVON TOWN
COUNCIL SHOWING APPRECIATION TO INDIVIDUAL COMPETITORS FOR THEIR
CONTRIBUTION TO THE 1984 AVON TOWN CUP.
The Mayor stated that this resolution would go out to all the
participants of the Avon Town Cup Race.
Larry Kumpost moved approval of Resolution No.#84-9, Series of 1984. The
motion was seconded by Al Connell and was unanimously carried.
Councilman Wells was concerned about not acknowledging the appreciation
of the seven Gold Sponsors of the event. He stated the sponsors were the
ones supporting the event.
After discussion Don Buick moved to direct the Acting Town Manager to
-allocate at least $20 per Gold Sponsor for some significant plaque of
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appreciation to the Gold Sponsors. The motion was seconded by Al Connell
and was unanimously carried.
Don Buick moved to have a Resolution prepared for the Silver and Banner
Sponsors expressing appreciation of their contribution to the Avon Town
Cup Race and authorizing the Mayor to sign. The motion was seconded by
Al Connell and was unanimously carried.
Next on the agenda was the bids for the Municipal Building Improvements.
Norm Wood stated that last week the bids were opened for the improvements
of the Municipal Building based on plans which were prepared by
Intratect. There were two bids, one from Norland Enterprises of $60,638
and the second bidder, Ventres-Landauer Construction, Inc. of $64,266.
He stated that in order to cut project costs to keep it in line with the
budget, each of the contractors were asked for a deduct amount for the
following items: 1) deletion of a sliding glass door in the Building
Official's Office; 2) deletion of a side light door into the planning
office and replace with a straight door; 3) delete the redwood ceiling
the hallway area; replace the exterior door from a 3'-0" x 81-0" with a
31-0" x 61-8", 4) delete decking and drywall material from walls and
ceiling of loft storage area and delete all heating and ventilation
system construction as shown on plans. The revised bid results were
Norland Enterprises $53,049 and Ventres-Landauer $49,712.
Mr. Wood recommended that the contract be awarded to Ventres-Landauer
Construction in the amount of $49,712.
Ken Sortland of Norland Enterprises, approached the Council. He stated
he had a concern on how the bidding process was handled.
After discussion it was suggested that in the future bidding be done on
the job that is at hand and give the direction of what is to be bid and
then if there is a need to go beyond alternate bids should be given.
Sheila Davis moved to award the contract to Ventres-Landauer Construction
Company. The motion was seconded by A.J. Wells and was unanimously
carried. Be it noted that this bid does include the structure for the
storage.
The Agreement between the Town of Avon and Mountain Valley Development
Services for lease of a LIFT van was next presented to the Council.
Mr. James stated that this was a contract that the Town of Vail had with
Mountain Valley Development Services which picks up some of their clients
and uses it as a transportation service. Basically, the request is that
the agreement be conveyed to the Town of Avon.
The Service is for the handicapped. They operate from the Eagle and
Glenwood Area. The Council was not comfortable with this situation and
requested that staff look into this further.
After discussion Don Buick moved to table the Agreement. The motion was
seconded by Al Connell and was unanimously carried.
The Town Attorney reported on Lots #20,21. He stated that the
recommendation of the Commissioner appointed by the Court has been filed
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with the Court. The recommendation is for public sale of the lots.
There is a 30 day period during which anyone who is a party to the
proceeding may object to that recommendation. The 30 day period will be
up on March 7, 1984. If there are any objections, they will have to be
set for a hearing and if there are no objections the attorney anticipated
a public sale in May, 1984.
Next on the agenda was a report on Law Enforcement to contract with the
County. The Mayor stated that there was a considerable amount of
discussion of a brief proposal submitted by the Sheriff that afternoon.
He was requested to come back with an additional proposal for part-time
assistance in Law Enforcement. He stated there has been a Public Hearing
set for Tuesday March 13, 1984 for the citizens to come in and voice
their opinions of the proposal.
There was also a proposal submitted by Vail Valley Security Force headed
by Dave Martinez. The Mayor felt that it would be difficult to contract
with a Security Firm. The Acting Town Manager stated if he could not
support contracting with the Sheriff's Department, he could not support
contracting with a private Security Firm.
The Council agreed that this proposal should not be considered.
It was noted that Council would hold a workshop to go over organizational
matters on Tuesday, March 6, 1984 from 2:00 p.m. to 4:00 p.m.
Acting Town Manager reported on the authorization to contract with Yoder
Engineers for improvements on the heating and ventilation of the
Municipal Building. Mr. James stated he would recommend deleting all
heating and ventilation system improvements from the current proposals
for the upstairs improvements and to contract with Yoder Engineers to
design the system and to correct problems in the current heating system.
The design work for the third floor and correction of existing problems
would be in the amount of $1,500. Cost of construction of all heating
and ventilation work is estimated to be $15,000.
The Mayor stated that there was a need for Yoder or somebody else to
educate our maintenance man on the operation and up keep of this system
and to maintain it on a day-to-day basis.
Sheila Davis stated that when the Council awarded the improvements
contract she was of the understanding that the mechanical engineering was
included, that Bill Pierce's (Intratect) bid price included the design
work from Yoder Engineering.
Lengthy discussion followed. It was requested that the workshop tapes be
reviewed to determine what was said in the conversation in regard to the
mechanical design.
A.J. Wells suggested to receive a quote from Yoder to design the system
for the upstairs and then to receive a separate quote from Yoder for the
entire building situation. He stated that this should be handled
separately. Councilman Wells stated that if the fees were reasonable for
the upstairs then they should proceed with the work on the third floor.
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Further discussion followed.
It was suggested to have the answers
It was also suggested that possibly
discuss this matter.
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for the next Tuesday's work session.
to have Yoder Engineers available to
The Mayor reported on a couple of letters of appreciation. One was from
the Town of Breckenridge in regard to the Avon Town Cup and the other was
a letter from Tom Watson, Jr. also in regard to the Avon Town Cup Race.
The Mayor stated he had also received a letter from a Mr. Herald Trimmell
in regard to his concern of the proposed building on Tract P. It was
suggested that the Mayor respond to his letter.
The financial matters were next presented to the Council.
Don Buick moved to receive items #1 through #7. The motion was seconded
by Al Connell and was unanimously carried.
Don Buick moved approval of the General Fund Accounts Payable for
February 28, 1984. The motion was seconded by Sheila Davis and was
unanimously carried.
Don Buick moved approval of the Marketing/Promotions Fund, Transit Fund,
Lift Fund, and the Capital Projects Fund with the exception of holding
the check for the Vail Foundation in the amount of $2,500 until further
discussion. The motion was seconded by Sheila Davis and was unanimously
carried.
Don Buick moved approval of the Reconciliation sheet of Accounts Payable
for February 28, 1984. The motion was seconded by A.J. Wells and was
unanimously carried.
Mr. Sortland again approached the Council. He stated it was in reference
to the Log Cabin. Mr. Sortland stated that in order to expedite the
completion of the Log Cabin in the time schedule, he had a Letter of
Credit from First Bank of Avon. He was requesting that this Letter of
Credit be released since the work is complete and if the work is
satisfactory to the Town.
After discussion it was agreed by the Council that Norm Wood draft a
letter stating that the work has been completed in a satisfactory manner
and that the letter be reviewed by the Town Attorney so that Mr. Sortland
could have some return on his capital.
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It was suggested that staff talk to Bob McIlveen, Director of Beaver
Creek Transit, to see if during peak time the trip over to the Airport
could be deleted. Possibly make the run on request only.
The minutes of the February 14, 1984 meeting were next presented to the
Council. Don Buick moved approval of the February 14th minutes. The
motion was seconded by Greg Gage and was unanimously carried.
There being no further business to come before the Council, A.J. Wells
moved to adjourn. The motion was seconded by Al Connell. The meeting
was adjourned by Mayor Allan Nottingham at 9:50 p.m.
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