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TC Minutes 03-27-1984t • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MARCH 27, 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 7:45 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were: Town Attorney John Dunn, Acting Town Manager Bill James, 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. There being no citizen input, ordin heard, the first item on the agenda No.#84-12•A RESOLUTION CHANGING THE 8, 1984 TO MAY 15, 1984. Greg Gage No.#84-12. The motion was seconded carried. ances or unfinished business to be was the reading of Resolution TOWN COUNCIL MEETING DATE FROM MAY moved approval of Resolution by Don Buick as was unanimously Resoltuion No.#84-13 APPROVING CONDOMINIUM MAP OF GOSHAWK TOWNHOUSES LOT 10, BLOCK 5, WILDRIDGE SUBDIVISION. The Town Attorney asked that the resolution be tabled because of questions his office still had on the map. Don Buick moved to table Resolution No.#84-13. Al Connell seconded the motion and was unanimously carried. The Town Attorney's report on the Land Litigation, Vail-Avon Commercial Partners vs Wildridge-20, Inc., was next on the agenda. The Town Attorney stated that this pertains to the deed restrictions contained in various deeds relating to property within the original Town of Avon. He stated the Town Council had taken a position in favor of Land Use Planning pursuant to Master Planning and Zoning rather than by deed restriction. He stated that the Town really has no authority in the matter that the matter of the deed restrictions are a private matter between the parties to the deeds. The Town Attorney stated this is the stand he has taken regarding the lawsuit. He stated he was saying in his answer that the Town denies the allegations of Paragraph 22 of the complaint. He stated at this time the Town is neither bound by nor does the Town have any obligation to enforce protective covenants., He stated because there was no request for a temporary injunction, that nothing would happen with respect to the lawsuit in the near future that it was a matter of putting the Town's position on record. The Town is not in any way restrained or limited in its powers at this -1- • time. Discussion followed. The Town Attorney stated that recent legislation would soon give our District a third District Judge which to his understanding would be spending most of the time in Eagle County. Next on the agenda was a report on the Striping and Sealing of West Beaver Creek Blvd. Bill James, Acting Town Manager, stated that after checking into the matter, the best way to take care of the problem would be to seal coat the asphalt and to restrip the street. He stated Norm Wood had a couple of options that would cost $2,400 to $3,000 to seal coat. These funds are available in the current striping budget. He stated tests would be conducted and if successful, recommended seal coating and restriping be done this spring. Discussion followed. No action was taken at this time. Street Sweeping was next discussed. The Town Manager stated there is $5,000 in the budget this year for contracting street sweeping services so rather than trying to buy a piece of equipment, there needs to be more time to review this process for the 1985 budget. Dan Sunday, Superintendent of Public Works, stated the $4,000-$5,000 should cover the initial sweeping plus two more sweeps. Bill James stated that action needed is to authorize staff to find a street sweeping service to contract with. A.J. Wells asked if this was not already authorized by the budget. Bill James stated it was. No further action was needed. The next agenda item was the Lease Agreement with Eagle County for the Nurses space in the Avon Municipal Building. the Town Manager stated the original agreement was drafted by the County Attorney but the Town had revised it some by changing the lease amount from a flat $5,840 per year to $14.60 per square foot per year, allowing for utilities cost either up or down. He stated the Town Attorney and Brad Jones of the County, had reviewed the Agreement and had no problem with the changes. Larry Kumpost moved to authorize the Mayor to sign the Lease Agreement with the County. Al Connell seconded the motion and carried unanimously. Discussion of the Bluegrass and Balloon Festival was postponed until a representative of the Vail Institute arrived. Next was the Telephone Proposals for the Municipal Building. The Town Manager stated there were 5 proposals received and that they were basically the same. The two selected proposals are from Firstel in Englewood and Communications Consultants of Vail in Avon. These two -2- 1 • are the same equipment, same manufacturer. The reason for narrowing it down to 2 was the system and how it performed, price and service. Firstel does not have any local service but work from Frisco or Denver. Communication Consultants do have local service people. He stated financing would be through Colorado National Leasing at 9% for 5 years, payments being $515/month. Presently, the Town is paying Mountain Bell $850/month for equipment rental. He stated the new equipment would probably reduce the trunk charges through Mountain Bell. He stated with everything considered, the savings after the first year would be approximately $250. Discussion followed. A.J. Wells moved to have staff proceed with a contract with Communications Consultants of Vail and lease Agreement with Colorado National Leasing for the phone system. Greg Gage seconded the motion and carried unanimously. Next was the report on the Bluegrass and Balloon Festival. Christine McGinley, of the Vail Institute, stated that with the cooperation of Vail Associates and Vail Valley Balloonists, the Institute is hopeful of doing a Bluegrass Festival combined with a hot air balloon race. Events include a Friday evening cocktail reception, Saturday and Sunday afternoon Bluegrass Festival and Barbeque running until approximately 3 p.m. The balloon race would start in Vail and end in Nottingham Park about 11 a.m. She stated they were requesting logistical support from the Town for electricity and security and parking plus $5,000 contingent on a major sponsor which will be combined with $5,000 and in-kind support from Benchmark Companies and Vail Associates and hopefully a major event sponsor such as Cocoa Cola at $15,000 plus in-kind marketing support. Greg Gage moved to authorize a donation of $5,000 contingent upon Cocoa Cola or another event sponsor sponsoring the event. Don Buick seconded the motion and was carried unanimously. Next was the report on the Summer Recreation Programs by Dan Sunday, Superintendent of Public Works. Mr. Sunday gave a brief history of the Town's recreation programs since 19821 updating the information to the present touching on the reasons of successfulness of the programs that the programs not only provide services for Avon residents but residents between Dowd Junction and Wolcott. He stated he felt the Town's services were of high quality that the most rapidly increasing segment of the programs is special events. This year those events are the Mountain Man Winter Triathlon, the NORAM, a Valley-Wide clean-up day which is being put together with a picnic afterwards in Nottingham Park, Summer Solestice with separate pick and fiddle contests and an International Food Fair, a bike race, soccer tournament, golf tournament, Bluegrass/Balloon festival, Fall Fling and the Icing on the Lake. Mr. Sunday stated he felt there was a need to start planning to acquire land for future park/recreation use. He stressed the need for flat land for use as softball fields. He stated that Avon and Eagle-Vail Metro District were setting up activities in coordination with each -3- M ~ other for summer activities. He stated that the indoor soccer was a success this season. Pair. Sunday asked authorization to charge $5.00/hour for use of the paddleboats and $2.50 for each additional half. Councilman Gage felt the charge was too high. PIr. Sunday stated he had suggested $5.00 because there was a question as to how much maintenance there would be on the boats. Discussion followed. It was agreed upon that the paddleboat charges should be $2.50 for the first half hour and $2.00 for each additional half hour. Next was the roller skate rental being raised from 50 cents to $1.00 an hour. This was agreed upon. Mr. Sunday next presented uses for the Log Cabin. He stated in order to take some of the demand from the use of the Council Chambers that the Town should allow small groups such as boy scouts, girl scouts, sunday school; etc. Also, should the Town charge the groups for the use of the Log Cabin.. It was suggested there be a damage deposit required but no charge until it is determined what type of expenses the Town will incur by letting the groups use the Cabin. Discussion followed. No action was taken. Next on the agenda was the Design Fee changes for the Municipal Building. Bill James stated that Architect Bill Pierce's original contract was for $2,700 for designing the upstairs included in that was $300 for design work downstairs that he will be doing but that the County will pay ter. Pierce directly for. Therefore, deducting that $300 from the original contract and then adding back in the restrooms that had been previously deleted charging $100 to revise the contract from $2,700 to $2,500. Larry Kumpost made the motion to approve the proposed contract modifications. Sheila Davis seconded the motion and was carried unanimously. The Mountain Valley Developmental Services/Lease of the Lift Van was next presented. Plorm Wood, Public Works Director, stated that this Lift van was used to transport pre-school children from Gypsum through Avon to Meadow Mountain School in Earle Vail, making two trips per day carrying 9-10 children each day to the school. He stated Mt. Valley Development spends approximately $140,000 per year in Eagle County and are supported by grants and donations. Eagle County contributes to them approximatly $2,500 per year. He stated the 14t. Valley people felt the agreement concerning the LIFT van was a greater contribution than the dollar donation of Eagle County. Mr. Mood stated this revised Agreement was basically the same as the agreement they had with Vail. The van that the developmental services use was a specific part of the original grant application that was obtained by Vail. Don Buick moved to authorize the Mayor to sign the LIFT van Agreement. Al connell seconded the motion and was carried unanimously. -4- • 0 The next item was to authorize extension of the terms Planning and Zoning Members from May 1 to May 15, 1984 because of the Council elections May 8, 1984. Councilman Kumpost stated that if the terms were up May 1 then May 15 would probably not allow enough time to publish and interview for new P & Z Members. Discussion followed. It was decided that the terms of the P & Z members should be extended to the first regular meeting in July, 1984. Larry Kumpost moved to extend the terms of the P & Z Members until the first regular Council meeting in July, 1984. Al Connell seconded and was carried unanimously. Next was a report concerning a van the Avon Police had confiscated in a drug raid. The Town Manager stated he had been asked by Terry Diem, of the District Attorney's office, if the Town would donate the van to the CBI for use in undercover work. He stated he had asked Ms. Diem if the Town could possibly get the van back when the CBI is finished using it but there would be no guarantee in what condition the van would be. Councilman Connell did not feel it should be given to the CBI because of the many uses the Town has for it. Concern was shown that if the Town did not donate the van would there be any less cooperation from CBI in the future. Discussion followed. Greg Gage made a motion to donate the van to CBI providing it is returned to the Town when CBI is finished with it. Larry Kumpost seconded the motion. Discussion followed. Dan Sunday made the suggestion to offer CBI the Town's station wagon. The motion on the floor was defeated unanimously. A.J. Wells made the motion to donate the Town's station wagon and any other Junkers that the Town has to the CBI and give the Town Manager some discresion so long as he does not offer the van. Al Connell seconded the motion and was carried unanimously. It was next announced by the Town Manager that Dan Fogland from Grand Island, Nebraska had been appointed the new Building and Zoning official and that he tentatively plans to start May 1. Officer Fritz Kruech was next asked to discuss the Mayor's Cup Race to take place April 15, 1984. He stated the only problem at present is getting the electric timer which would possibly be moved to Vail that dray. Councilman Wells stated that a complaint should be filed as the Town had agreed to change the date of the race so as to have the electric timer. Councilman Buick suggested writing a letter to Larry Lichliter and a copy sent to Harry Frampton. Bill James was asked to do so. Officer Kruech stated that the Hole in the Wall Restaurant would cater the party in the Council Chambers after the race and that he had -5- r ~ ~J several door prizes donated by the businesses in Town. Discussion followed. The Mayor thanked Officer Kruech for his information. Next was a report on the second floor Mechanical heating as well as redoing some things on the first floor to solve some of the heating and cooling problems. Norm Wood stated there was four bids received on March 22 for the improvements and the additions. He stated two of the bids were non-conforming bids, the lowest conforming bid was from Climate Control in Glenwood Springs in an amount of $28,920, the other conforming bid was from Stone Sheet Metal Mechanical in Grand Junction in the amount of $31,700. Mr. Wood then asked Dave Yoder of Yoder Engineering for his comments. Dave Yoder stated that after investigating the situation he found his estimations he had given previously were low and that he had been careful not to add anything unnecessary. He also stated that further investigation had shown that Roche Constructers,Inc. had installed the wrong thermostates and that they should without charge replace that equipment correctly. He stated he was presently in the process of working on the situation. He stated the amount of money being discussed would cover all the problems of the building except those he felt should be covered under warranty. Discussion followed. Bill James then discussed the budget with regards to the Mechanical- Heating System as well as other items. Sheila Davis moved to approve the bid from Climate Control Company of Glenwood Springs. Greg Gage seconded the motion and was carried unanimously. The next item was to receive the audit report from Van Schoonfield, Inc. Sheila Davis moved to receive the 1983 Financial Statement from Van Schoonfield and Company. Greg Gage seconded the motion and was carried unanimously. Next was the Mayor's report concerning the appointment of a Town Manager. Don Buick moved to appoint Bill James as the official Town Manager at a salary of $40,000 per year plus a housing allowance of $250 per month. A.J. Wells seconded the motion and was carried unanimously. Don Buick asked that a press release be prepared. The Financial Matters were next presented to the Council. Al Connell moved to receive items #1 thourgh 7. Larry Kumpost seconded the motion and was carried unanimously. -6- Larry Kumpost moved approval of the General Fund Accounts Payable. Don Buick seconded the motion and was unanimously carried. Don Buick moved approval of the Lift Fund, Transit Fund Capital Projects Fund Accounts Payable. Larry Kumpost seconded the motion and was unanimously carried. Sheila Davis moved approval of the Reconciliation Sheet of Accounts Payable of March 27, 1984. Don Buick seconded the motion and was unanimously carried. Larry Kumpost moved approval of $2,500 for the NORAM Race to the Vail Foundation. Sheila Davis seconded the motion and was unanimously carried. The minutes of the March 13, 1984 Council Meeting was next presented to the Council. Page 7 last paragraph change "posibility" to "possibility" and "coast" to "coat". Larry Kumpost moved approval of the minutes of March 13, 1984 with the corrections. Don Buick seconded the motion and was unanimously carried. Councilman Gage stated that at the last Upper Eagle Valley Chamber of Commerce luncheon, Lt. Governor Nancy Dick spoke about the Colorado Tourism Board which will be meeting in Denver April 3-6th. She had asked that someone from the Chamber attend the conference to make sure the money being spent would bring people into our area. He stated he would be willing to be the representative to attend. He stated the conference would be dealing with what type of marketing should be done for the State. Larry Kumpost moved to appoint Greg Gage as the representative to attend the Colorado Tourism Conference. Sheila Davis seconded the motion and was unanimously carried. -7- 4b There being no further business to come before the Council Don Buick moved to adjourn. Greg Gage seconded the motion. The meeting was adjourned by Mayor Allan Nottingham at 9:37 p.m. Respectfully Submitted: ep Town Cle'rk' A -8-