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TC Minutes 07-27-19820 0 MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD JULY 27, 1982 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building in the Council Chambers. The meeting was called to order by Mayor Nottingham at 7:50 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell present. John Blish was absent. Also present were the Town Attorney John Dunn, Town Manager Dick Blodgett, Town Planner Dick Kvach as well as members of the press and public. The minutes of the July 13, 1982 meeting were presented to the Council for approval. A.J. Wells moved approval of the minutes of the July 13th meeting. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. The minutes of the July 20, 1982 special meeting was next presented to the Council. A.J. Wells moved approval of the minutes of the 20th meeting with these corrections, on page 4, 5th paragraph change"convened" to "reconvened", page 5, lst paragraph change "60,000.00" to"160,000.0( 3rd paragraph, change "convincingly" to "conceivably", 5th paragraph add "the motion was defeated". With those corrections Greg Gage seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. The financial matters were next presented to the Council. A.J. Wells moved approval of the accounts payable-General Fund. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of the reconciliation sheet. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. Sheila Davis moved approval of the accounts payable for the Nottingham Park Fund. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the accounts payable for the Public Works Fund. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the accounts payable for the Mall Fund contingent upon the Mall Committee approving same. The motion was seconded by Al Connell. There were no nay votes. The motion was unanimously carried. The next item on the agenda was the East Beaver Creek Boulevard Improvements. The Mayor proceeded to read the letter from Norm Wood, Town Engineer as follows: "I have completed a final inspection of the Beaver Creek Boulevard-East Roadway Improvements, with Gary Hall of B & B Excavating. The work was found to be complete and corrections of deficient work have been made. As a result of this inspection, I recommend the project be officially accepted by the Town, all retained funds be released and the specified one year warranty period be started this date, July 22, 1982". A.J. Wells moved approval of the East Beaver Creek Boulevard Improvements. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. • A.J. Wells moved approval of the Cash Account information. The motion was seconded by Larry were: Larry Kumpost, Sheila Davis, Greg Gage, The motion was unanimously carried. Balances Sheet and the other related financial Kumpost. Those Councilmembers voting aye A.J. Wells, Al Connell. There were no nay votes. Dan Sunday, Public Works Superintendent, approached the Council. He presented to the Council a set of rules and regulations for using Sail Boats on Nottingham Lake. He suggested that all vessels be licensed and a fee system be adopted($10.00). That all applicants be responsible adults and that all vessels be checked for sea worthinesss. That applicants sign a waiver. After discussion A.J. Wells moved to place the responsibility of the final rules and regulations with the Superintendent of Pulbic Works subject to the approval of the Town Manager and that they take the suggestions that were discussed into consideration. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. It was requested that Avon-Beaver Creek Times and Avon Center have approval to be allowed to use the Nottingham Lake the weekend of the 31st of July on a Special Use Permit basis since the final rules and regulations would not be finalized at that time. It was so agreed. Public Hearing on Ordinance No.#82-15, Series of 1982 was next on the agenda. The Mayor opened the public hearing and asked if anyone wanted to be heard. No one responded. The public hearing was closed. Second reading of Ordinance No.#82-15, Series of 1982, AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO(Nottingham Stockyard). Sheila Davis moved approval to continue Ordinance No.#82-15, Series of 1982 until August 24, 1982 at 7:30 p.m. council meeting. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no any votes. The motion was unanimously carried. Benchmark Plaza, Lot#20, Block#2, Benchmark Subdivision Larry Goad representing Wildridge #20 approached the Council. Let it be noted that A.J. Wells stepped down. Mr. Goad was requesting preliminary and final approval of the Benchmark Plaza Condominium Map, Lot#20, B1ock#2 Benchmark Subdivision. Mr. Goad was also requesting approval from the Council for the Mayors signature on a letter of assignment, assigning another letter from the State Highway Department allowing the Towns approval to landscape the State Road right-of-way which is adjacent to Lot#20. It was agreed by Council that the Mayor Pro-Tem sign the letter. Mr. Goad stated that these letters would be of public record and that the wording appears on the Condominium Map, that people buying subject to the Condominium Map would be aware that they would have some interest in maintaining the landscaping. Sheila Davis moved approval that John Blish, Mayor Pro-Tem, be authorized to sign the letter to approve landscaping on the Avon Spur to be done by Benchmark Plaza Condominium Association. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell. There were no nay votes. A.J. Wells abstained. The motion was carried. The Condominium Map was then reviewed. The Town Attorney stated that he had reviewed all the documents and found them to be in order. After discussion Larry Kumpost moved approval of the preliminary and final Condominium Plat of the Benchmark Plaza Office and Retail Condominium, Lot#20, Block#2, Benchmark Subdivision and directing Allan Nottingham to sign the Town Certificate subject to the final signatures of all the owners and satisfying the Town Engineer's concern about the parking space(size requirement to be noted on the plat). The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, Al Connell. There were no nay votes. A.J. Wells abstained. The motion was carried. -2- • 0 Dennis Cole approached the Council. He was representing U S Home - time-sharing. He stated that he had prepared a re-draft of the Subdivision Agreement and the Resolution No.#82-11 for the purpose of verifying to the Council that they had amended the documents and was requesting the consent for the Mayor and the Town Clerk signatures on the documents. In reviewing the documents it was found that there was a page missing. After discussion it was agreed to re-draft a final document, that Mr. Cole and the Town Attorney review the documents, submit copies to the Council for their review and to place Mr. Cole on the next regular meeting agenda, August 10, 1982 for verification and signatures on the documents. Dick Kvach, Planning Director for the Town of Avon approached the Council. He discussed the general problems of lock-offs and some recommendations he had drafted. He stated that he would like to present the recommendations to the Design Review Board, get their input and then present a final recommendation back to the Council for their consideration. Cufaude Duplex, Lot#88, Block#4, Wildridge Mr. Ken Long representing the Cufaude Duplex, Lot#88, Block#4 Wildridge Subdivision approached the Council. He stated that the project was completed except for landscaping and he was requesting final approval. The Town Attorney stated that Art Abplanalp had reviewed the documents and that there were a couple additional requirements that he had made in respect to the documents. Mr. Dunn recommended that the map be approved subject to final approval by the attorney. This project was a minor subdivision. Sheila Davis moved approval of the final Condominium Plat for the Cufaude Duplex, Lot#88, Block #4 Wildridge subject to the Town Attorneys approval. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. Buffalo Head Townhomes, Lot#81, Block#l Wildridge Rick Bolduc representing Buffalo Head Town homes(4-plex), Lot#81, Block#1 Wildridge was requesting final plat approval. Greg Gage moved approval of the Buffalo Head Townhomes, Lot#81, Block#l Wildridge subject to final review approval by the Town Attorney. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. Goldsworth-Law Duplex, Lot#36, Block#l Wildridge Dan Krening, Jeff Leigh, K & L Builders, representing Goldsworth-Law Duplex, Lot#36, Block#l Wildridge approached the Council. Mr. Krening was requesting final approval of the Condominium Plat. The Town Engineer stated he had some additional requirements; the Town Certificate would have to be re-worded and the property pins were not shown on the map, the curve delta on the plat did not match the previous plat and the Certificate of Surveyor had not been signed. The Town Attorney recommended that the plat be approved subject to final review by the Town Engineer and the Town Attorney. It was noted that this was a final plat and that there would be"As Builts"of any corrections after contruction of the project. A.J. Wells moved approval of the plat subject to the Town Engineers final review and the Town Attorneys final review. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. Sun Eagle Duplex, Lot#37, Block#4 Wildridge Albert Ouellette representing Sun Eagle Duplex, Lot#37, Block#4 Wildridge Subdivision approached the Council. The Town Engineer had two additional requirements,l)statement of the basis of the bearings on the plat does not appear, 2)does not have the time-sharing statement on the plat. The Town Attorney recommended the plat be approved subject to final review of the documents. Greg Gage moved approval of the final plat of Sun Eagle Duplex, Lot#37, Block#4 Wildridge subject to the corrections being made and the approval of the Town Engineer and subject to final review by the Town Attorney. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. -3- The award of the contract for the :tennis courts was discussed. The Town Manager stated that there were two bids received for the construction of the tennis courts, one from Eagle West Contractors, a bid of $143,747.00 and the other from B & B Excavating for $121,016.98. They were reviewed by the Town Engineer who recommends that the Town award the contract to B & B Excavating. The Council discussed some possible changes. After discussion Mr. Blodgett recommended that the Council award the contract to B & B with certain change orders as follows. There was discussion of where some of the expenditures could be pulled from. After discussion Al Connell moved approval to authorize the expenditures of the additional funds to come out of the Nottingham Park Fund to be used for the construction of the tennis courts with the change orders. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. The completion date would be forty five days. Greg Gage moved approval to award the contract to B & B Excavating according to the base bid that was submitted with the changes of taking out the resilient coating in the amount Of $8,500.00, eliminating the chain link fence in between the courts, eliminating the electrical conduit, adding the drainage fabric and the awarding bid not to exceed $111,195.74. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. The recreation fees were discussed. The Town Manager stated that there were no revenues or expenditures budgeted for recreation programs. Mr. Blodgett requested that the Council approve the budget amendment of reflect the additional revenues of $1,000.00 and expenditures of $900.00 for recreation programs. A.J. Wells so moved. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. There were two fuel bids received, one from Collett Enterprises of Gypsum their price being $1.16 per gallon for unleaded and $1.14 per gallon for diesel. The other bid from TOP Enterprises and there price being $1.209 for unleaded and $1.125 for diesel. The fuel bids were discussed. Al Connell moved approval to award the contract to Collett Enterprises as the lowest and best bidders. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. The Town Manager reported on the Transportation Study. He presented the Council with a summary of the Phase II Study. The Metcalf ditch was discussed. Mr. Blodgett discussed the IBM Memory Typewriter. Al Connell moved approval to purchase the IBM Memory Typewriter in the amount of $2,027.50 and the annual maintenance fee of $579.00. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell. There were no nay votes. The motion was unanimously carried. There was discussion of the State of Colorado - Division of Housing Funds. The Council requested that the Town Manager check into the requirements of obtaining these funds. -14- There being no further business Greg Gage moved to adjourn. Al Connell seconded the motion. The meeting was adjourned by Mayor Nottingham at 10:30 p.m. The Council went into executive session. Respectfully Submitted: Patricia J. Doyle, Town Clerk -5-