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TC Minutes 08-11-1981W . 0 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD AUGUST 11, 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 Pro Tem Steve Erickson at 7:45 p.m. A roll call was taken with all the Councilmembers in attendance. Mayor Alpi was absent. Also present were Town Attorney John Dunn as well as members of the press and public. First on the agenda was second reading of Ordinance No.#81-25, Series of 1981, AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO PARCELS OF LAND LOCATED IN THE El/2 NW1/4, AND THE S1/2 NE1/4 SECTION 11, T. 5 S., R. 82 W. OF THE 6TH P.M. EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. The Town Attorney stated that Norm Wood, Town Engineer, had reviewed the plat and had found an error in the description of the property being annexed. The error appeared in the 5th line from the bottom, "291.91" should be changed to "85.64". It was stated that the plat not be filed until the plat was corrected and the agreement between Avon Metro Water District and the owners of the property be revised. Sheila Davis moved approval of second reading of Ordinance No.#25, Series of 1981 with the correction on Exibit A. The motion was seconded by Larry Kumpost. A roll call was taken with all of the Councilmembers voting yes. At that point the Town Attorney introduced to the Council, Art Abplanalp, a new partner to the firm of Cosgriff, Dunn, French. He would be helping the Town Attorney with the Town meetings, Town projects and also the Avon Municipal Court. The Town Attorney then presented to the Council the pre-prepared minutes of the meeting which was set up by Sherman & Howard Bond Counsel. There were no written protest received in connection with the District. The Mayor Pro Tem was then asked to sse if there was anyone in the #udience to speak in opposition in support of the Town Center Mall. It was so asked. There were no persons present in opposition in support of the Town Center Mall. There were no verbal protest. Sheila Davis then introduced Resolution No.#81-11, Series of 1981 and was read by title. 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 PROTEST RESOLUTION;" DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; DETERMINING TO PROCEED WITH THE DISTRICT; DIRECTING DENTON, HARPER, MARSHALL AND ASSOCIATES, INC., CONSULTING ARCHITECTS OF DENVER, COLORADO, SPECIALLY RETAINED BY THE TOWN IN CONNECTION WITH THE DISTRICT TO TAKE CERTAIN FURTHER ACTION IN CONNECTION WITH THE DISTRICT. Larry Kumpost moved approval of Resolution No.#81-11, Series of 1981, seconded by Sheila Davis. A roll call was taken with all the Councilmembers voting yes. The Town Attorney proceeded. On page 7, it was stated that the Town Engineer on behalf of Denton, Harper, Marshall and Associates there was filed with the Town Clerk (a) a revised and detailed estimate of the total cost, (b) detailed plans and specifications for the Mall and Park Improvements (c) a revised map and assessment plat of the District and also (d) an addendum L-1 plans and specifications. Allan Nottingham then introduced Ordinance No.#81-26, Series of 1981 and was read by title. 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 -1- 0 0 Continued page 2 Ordinance No.#81-26 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. Page 11, there was a correction, change "31" to "30". Bill Doyle then moved approval that the Ordinance be printed by title and summary in the Vail Trail on Friday Auguat 14, 1981. The motion was seconded by Larry Kumpost. A roll call was taken with all the Councilmembers voting yes. At that point the Mayor Pro Tem was presented with an executed letter signed by the owners of not less then sixty(60%)of the property to be assessed requesting, and assenting to, the award of the construction contract without competitive bidding or published notice. A.J. Wells moved approval that the Council authorize the architects to give notice to those persons listed on the qualified bidders list for competitive bids and for the architects and the Town Officials to negotiate a construction contract with the Best bidder on August 14, 1981. The motion was seconded by Larry Kumpost and was unanimously carried. Tom Allen with Inter-Mountain Engineering and representing Avon Lake Villas approached the Council. He was requesting approval for vacation of Lot Line for Lots#45 and 46, Block#2. The Mayor Pro Tem stated that the Council could not take action because of the Town just receiving the map at 5:00 p.m. and that the Town Engineer had not time to review it. They were also lacking some of the letters from the utility companies. The Mayor Pro Tem stated that possibly this could be heard on the 18th of August's Special Meeting. After discussion the Mayor Pro Tem suggested that they get together with the Town Engineer and the building Department and make sure that they have all their documents ready. Mike Blair representing Wildridge Development Company approached the Council. He was requesting approval of the re-plat No.#2 of Wildridge Subdivision. It was noted that A.J. Wells and Allan Nottingham stepped down. The purpose of the re-plat would be to improve lots for building location, dwelling unit densities and access. Mr. Blair stated that there were no changes proposed to the roads rights-of-way. There are 17 or 18 lots for the proposed changes. In Block#l there are four(4)existing duplex lots which they propose to make smaller and add 1 additional lot, and make qll into single. family lots. Block#2, there are no changes. Block#3, Lot#9, half of that lot would be open space and drainage tract; and the other half would be a duplex lot. Lot#47 would be changed to a single family. Lot#60, single family lot. Block#4, Lot#1 2 and #15, single family lot. Lot#39(approximately 2 acres) which is a duplex lot; would be changed to a 4 unit Lot. Lot#55 presently a duplex Lot, would be changed to a tri-plex lot. Block#5 has not been developed as yet. Presently it is platted with 26 duplex Lots and proposed to change them into 11 Multi-family Lots. In the first four Blocks in Wildridge, there are 4 excess units and they propose to move those to Block#5, also they propose to move 19 units from the reserve in the Town of Avon and to assign them to Block#5. That would make a total of 75 units in Block#5. It was requested that the Town Attorney draft a Resolution confirming the transfer of the units. Sheila Davis moved approval of the re-plat No.#2 of Wildridge Subdivision contingent upon the Town Attorney drafting a Resolution confirming the transfer of the units, the Town Engineer checking the re-plat, seconded by Bill Doyle and was carried with A.J. Wells and Allan Nottingham abstaining. The acceptance of Metcalf Road will be put on the agenda for the next regular meeting. -2- 0 0 The Financial Matters were next presented to the Council. There was discussion of the Claycomb Engineering invoice. It was stated that Norm Wood check the invoice. It was suggested that a seperate payroll account to set up. It was stated that all checks should be shown to the Council so they know what was paid. After some discussion A.J. Wells moved approval that all dispersements be reflected on the accounts payable list so that they cover all dispersements from the last meeting to the current meeting, also that there be set up a seperate imprest . payroll account as described and that certain grouping of certain expenditures can be made on the accounts payable list so long as there are similiar type of expenditures, they should all be listed, so that the Council could see that the beginning cash balances of the last meeting plus deposits minus the dispersements that were approved at the last meeting. The motion was seconded by Bill Doyle and was unanimously carried. The Architects invoice was discussed in regards to retainage. It was stated that the bill would be directed to the Building Committee before payment. There was a request from the,Architect's application for payment for the contractor and would be the payment to date, for the Municipal Building, they were also requesting instea& of a 10% retain- age, a 4% retainage. The Council did not agree. It was stated that a meeting be set up Monday or Tuesday of next week and go through the building with the punch list before a decision would be made on the billing. The Nottingham Park Budget Cost Control was discussed. After more discussion Bill Doyle moved approval of the Accounts Payables contingent upon checking further into the bill for Mark Donaldson and Claycomb Engineering. The motion was seconded by Larry Kumpost and was unanimously carried. The Mayor Pro Tem reported on the summary on the bids for the work that has to be done on East Beaver Creek Boulevard. He stated that B & B Excavating was the low bidder. Stated that a motion would be in order to award the work to B & B Excavating based on their bid. Sheila Davis so moved, seconded by Larry Kumpost and was unanimously carried. The bidding on the overlaying of West Beaver Creek Boulevard was discussed. The minutes of the July 28, 1981 meeting was next presented to the Council. Sheila Davis moved approval of the July 28, 1981 meeting with the correction on page 3 in the Title of the Ordinance No-#81-23, change "$2,700,00" to $2,700,000", seconded by Bill Doyle and was unanimously carried. There being no further business Bill Doyle moved that the Council adjourn and Sheila Davis seconded the motion. The meeting was adjourned by Mayor Pro Tem Erickson at 10:35 p.m. Respectfully Submitted: Patricia J. Doyle, own Cler l -3-