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TC Minutes 06-28-19830 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING JUNE 28, 1983 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado 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 7:40 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, Town Manager Richard D. Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, 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. Be it noted that Mr. Dave Campbell, District Traffic Engineer was cancelled from the agenda. Mr. Campbell requested he be rescheduled and be placed on the July 12, 1983 agenda. Reverend Hal Holman approached the Council. He is the minister for the Presbyterian Church and also the President of the Avon Religious Foundation, Inc. He stated that there have been some comments on the use of a proposed Interfaith Chapel in Avon. He discussed the need for a Chapel in Avon and provided the Council with a calendar of scheduled events for the month of May. He stated this structure would not only be used for Sunday services, but would be utilized everyday of the week. Rev. Holman stated that non-scheduled events would increase the building use buy at least 755. He stated they have looked at property that would have been adequate but the cost amount was around $775,000 and that amount was far more than all of the churches put together could pay for the land, to say nothing of the building. He stated that he had a conversation with the Town Attorney about a long term lease with the Town. Councilman Wells stated that the Council had discussions about the Town needing a Community Center and that possibly the construction of the Community Center could be an all purpose building for an Inter-Faith Church as well as other community activities. After discussion it was suggested that Rev. Holman meet with the Town Planner Dick Kvach to discuss a location for a church. The Mayor thanked Rev. Holman for coming. -1- Pat Cuny, resident of Avon and also a spokesperson for Buck Creek Association, approached the Council. She was concerned about the two lots that have been excavated for proposed buildings. Also, a dirt parking lot at the corner of Avon Road and Beaver Creek Boulevard. She stated she thought they were not only unsightly, but potentially dangerous. She felt if the Town Staff was requesting that all property owners clean up their yards for beautification, then it should apply to the two developers in Avon. After discussion the Mayor thanked Mrs. Cuny and stated that her concerns were the same concerns that the Town has and that it would be taken under advisement. Mayor asked that this matter be placed on a work session in the near future. There being no further citizen input, the Mayor closed the discussion. Next on the agenda was the first reading of Ordinance No.#83-29, Series of 1983, AN ORDINANCE DESIGNATED BY THE SHORT TITLE 111983 GENERAL OBLIGATION BOND ORDINANCE; "RATIFYING ACTION HERETOFORE TAKEN; DECLARING THE NECESSITY OF MAKING VARIOUS PUBLIC IMPROVEMENTS IN THE TOWN; AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS, SERIES AUGUST 1983, IN THE AGGREGATE PRINICIPAL AMOUNT OF $500,000; PROVIDING FOR THE TOWN COUNCIL OF THE TOWN OF AVON TO LEVY GENERAL (AD VALOREM) TAXES TO PAY THE PRINCIPAL AND INTEREST OF THE BONDS; PROVIDING OTHER DETAILS CONCERNING THE BONDS, THEIR SALE AT A NEGOTIATED SALE AND THE VARIOUS PUBLIC IMPROVEMENTS PROJECTS; RATIFYING, APPROVING AND CONFIRMING ACTION HERETOFORE TAKEN AND PERTAINING THERETO; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. The Mayor opened the meeting for public hearing. He stated that public hearings are normally for second reading, but-the Council felt there should be public input on this Ordinance. He stated that basically the bonds are for the beautification for the Town of Avon, and the amount of the bonds being $500,000. There being no public comments the Mayor closed the public hearing. Linda Clark of Boettcher and Company approached the Council. She presented the Council with a copy of the interest rates for the bonds which was a standard contract. Ms. Clark presented the Council with a check in the amount of $10,000 as evidence of good faith. She stated the Boettcher offered to buy the bonds at a 3. discount. The net effective interest rates which includes the rated average of the interest rate on the bonds plus the 3% discount would be 10.5627%. At that point the Town Attorney read the pre-prepared minutes drafted by Bond Counsel. Councilmember Sheila Davis moved approval that the proposal of Boettcher be accepted. The motion was seconded by A.J. Wells and was unanimously carried. Councilmember Sheila Davis moved to introduce the resolution determining the necessity of the issuance of the bonds. The Town Attorney read Resolution No.#83-27, Series 1983 by title, A RESOLUTION DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND SALE RESOLUTION;" AWARDING THE SALE OF THE TOWN OF -2- 0 0 OBLIGATION BOND SALE RESOLUTION;" AWARDING THE SALE OF THE TOWN OF AVON, COLORADO, GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS, SERIES AUGUST 15, 1983, IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000 TO BOETTCHER & COMPANY OF DENVER, COLORADO. Councilmember Sheila Davis moved approval to adopt Resolution No.#83-27, Series of 1983. The motion was seconded by Larry Kumpost. Those Council members 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. Councilmember Larry Kumpost introduced Ordinance No.#83-29, Series of 1983 authorizing the bonds. The Town Attorney read the Ordinance by title, AN ORDINANCE DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND ORDINANCE. He then summarized the contents of the ordinance. On page 9 (C) Restoration of historic log cabin, the 3rd and 4th line, delete "restored to provide restrooms and a concession area" page 9 (E) Other Improvements, 2nd and 3rd line, delete "in and around the 46 acre Nottingham Park" add, "within the town," after "such as" add "a public restroom facility, signs." The Mayor stated that the Ordinance was posted on June 21, 1983. The Mayor opened the meeting for public comments. There being none, Councilmember Larry Kumpost moved approval to adopt Ordinance No.#83-29, Series of 1983 on first reading. The motion was seconded by Greg Gage. 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. Councilmember Wells moved that the ordinance be published by title and summary in the Vail Trail July 1, 1983. The motion was seconded by Don Buick. 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. This ordinance will be published and posted and a public hearing was set for July 12, 1983 at 7:30 p.m. First reading of Ordinance No.#83-27, Series of 1983, AN ORDINANCE REGULATING BUSINESSES WITHIN THE TOWN OF AVON BY REQUIRING REGISTRATION OF BUSINESSES; AND EMPLOYEES THEREOF REPEALING CHAPTER 5.04 OF THE AVON MUNICIPAL CODE; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor called for discussion. In the title change "resgistration" to "registration," eliminate "and the employees thereof." In Section 3 add a sentence to read, "Refusal to comply with the requirements of this section shall be deemed a violation of this ordinance." There being no further discussion the Mayor offered the ordinance for first reading as amended. Don Buick moved approval of Ordinance N0.#83-27, Series 1983 on first reading with the modifications. 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. -3- 0 9 First reading of Ordinance No.#83-30, series of 1983, AN ORDINANCE CONCERNED WITH DEFINING NUISANCE RELATED TO THE ACCUMULATION OF WEEDS AND PROVIDING A PENALTY FOR MAINTAINING SUCH A NUISANCE. The Town Attorney stated that this ordinance will become a part of a general nuisance ordinance which provides a general method of abatement of all nuisances which is applicable to weeds as well as the other nuisances described. Councilman Wells had a concern of how weeds were defined. Discussion followed. In section 8.24.045 (A) it was suggested to change "natural vegetation on undistrubed ground" to "natural grasses and shrubbery on undistrubed land." There being no further discussion Don Buick moved approval of Ordinance No.#83-30, Series of 1983 as amended. The motion was seconded by Al Connell. Further discussion followed. Clint Watkins, resident, asked why it was limited to just the valley floor and not to Wildridge and Wildwood. He felt it should apply to all Subdivisions. Councilwoman Davis stated that you couldn't ask all the property owners in Wildridge to cut their natural grasses, because most of it is natural grasses. She felt that the valley floor was where all the problems were. The council discussed defining noxious weeds. After lengthy discussion Larry Kumpost moved to table Ordinance No.#83-30 and send it back to staff for clarification of what weeds are. The motion was seconded by Sheila Davis. The Mayor called for a vote for tabling Ordinance No.#83-30. Those Councilmembers voting aye were: Larry Kumpost, Greg Gage. Those Councilmembers voting nay were Don Buick, A.J. Wells, Al Connell and Sheila Davis. The motion to table Ordinance No.#83-30 was defeated by a 4-2 vote. Further discussion followed. A.J. Wells moved approval of Ordinance No.#83-30, Series of 1983 on first reading with the following amendments, strike the word "vegetation" and replace it with "grasses and shrubbery," insert a comma after "Wildridge," strike "or," insert after Subdivisions "or Forest Service lands." The motion was seconded by Don Buick on the amendments and was unanimously carried. The Mayor called for a roll call vote on the main motion. 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. It was agreed by Council that staff should research a list of noxious weeds. First reading of Ordinance No.#83-31, Series of 1983, AN ORDINANCE CONCERNED WITH AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION. Don Buick moved approval of Ordinance No.#83-31, Series of 1983 on first reading. The motion was seconded by Greg Gage. The Mayor called for discussion. There being no discussion the Mayor called for a roll call. 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 -4- Second reading of Ordinance No.#83-25, Series of 1983, AN ORDINANCE AMENDING CHAPTER 3.12 OF THE AVON MUNICIPAL CODE, PERTAINING TO REAL PROPERTY TRANSFER TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS, ISSUANCE OF SUBPEONAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN INFORMATION TO BE CONFIDENTIAL. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#83-25, Series of 1983 on second reading. The motion was seconded by Al Connell. The Mayor called for discussion, there being none 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. Second reading of Ordinance No.#83-26, Series of 1983, AN ORDINANCE AMENDING CHAPTER 3.28 OF THE AVON MUNICIPAL CODE, PERTAINING TO THE PUBLIC ACCOMMODATIONS TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS, ISSUANCE OF SUBPOENAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN INFORMATION TO BE CONFIDENTIAL. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the meeting for public hearing. Larry Kumpost moved approval of Ordinance No.#83-26, Series of 1983 on second reading. The motion was seconded by Don Buick. 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. Second reading of Ordinance No.#83-28, Series of 1983, AN ORDINANCE AMENDING CHAPTER 3.08 OF THE AVON MUNICIPAL CODE, PERTAINING TO THE SALES TAX, WITH RESPECT TO ISSUANCE AND ENFORCEMENT OF SUBPOENAS. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the meeting for public hearing. Al Connell moved approval of Ordinance No.#83-28, Series of 1983 on second reading. The motion was seconded by Do,n Buick. 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. At this point Council recessed at 9:39 p.m. in order for the Liquor Licensing Authority to convene. The Licensing Authority adjourned at 9:45 p.m. The Council then recessed at 9:46 p.m. and reconvened at 9:55 p.m. Unfinished Business was next presented to the Council. Norm Wood approached the Council. They discussed the contract for the -5- 0 0 Capital Improvements. He stated he had reviewed the bids that were received, that he had checked the references and suppliers. He stated he would recommend awarding the contract to Clarke & Younger Landscape Contractors for both the Avon Town Center Mall Phase II and Avon Road Landscaping. The Mall contract being in the amount of $154,000 and the Avon Road Landscaping in the amount of $189,000. Mr. Wood stated that this recommendation would be subject to being able to draft a suitable agreement for an irregularity in the contractors bid. Mr. Wood recommended that Council award the contract subject to the contractors approval of the modification to the contract documents which would provide the difference as an overhead cost which would be distributed throughout the completion of the contract based on the percentage of the work completed at that time. A.J. Wells moved approval of the contract with Clarke & Younger provided that an additional item be added to the contract labled overhead the amount of $3,768.00, to be paid as the project progresses on a percentage of completion basis. The motion was seconded by Don Buick and was unanimously carried. It was agreed that this matter would go back to the Mall Committee for ratification from the committee members by a letter sign off. Larry Kumpost moved approval of the contract to Clarke & Younger Landscape Contractors totalling $189,000 subject to two conditions; 1) that the difference of $18,800 reflected between the difference in unit cost and total cost for landscaping be designated as overhead in the contract and be paid on a proportional basis based on percentage of completion; 2) that the contractor agrees to provide landscaping at the unit cost indicated in the contract relocating or adding landscaping intended for Avon Road to be installed within other parts of the town. The motion was seconded by Don Buick and was unanimously carried. The Park and Public Improvements were discussed. After discussion A.J. Wells moved to authorize staff to proceed to bring all the projects together setout in the memorandum of June 24, 1983 from Norm Wood to Dick Blodgett (see attached) and using the amounts setout therein as a preliminary budget, but changing the description "Avon Road Landscaping" to "Avon Road Landscaping and Park" to the amount of $193,000, the Benchmark Sign and Benchmark Sign Landscaping, and the contingency figure to $14,000 and deleting the first sentence of the last paragraph. It was suggested to refine the memorandum and that the motion was made in order to instruct staff to proceed ahead. The motion was seconded by Larry Kumpost and was unanimously carried. Norm Wood stated that he did receive a proposal from Matthews and Associates for design for landscaping the area north of I-70. He stated their proposal breaks down to preparation of planting plan $250, and preparation of irrigation plan $250. After discussion the Council agreed to work in-house on this matter. -6- 0 9 Resolution No.#83-28, Series of 1983, A RESOLUTION REGARDING THE LIFT BUS SYSTEM. That the Town of Avon would be assuming the responsibility of the Lift Bus System. Sheila Davis moved approval of Resolution No.#83-28, Series of 1983. The motion was seconded by Al Connell. It was stated that there would be three agreements that would be executed; 1) with the County to create a Transit Counsel; 2) with Beaver Creek Transit to operate the System; 3) with the Town of Vail to transfer the system over to the Town of Avon. The Town Attorney reported on the Roche Constructors, Inc. Mr. Dunn reviewed the history of the litigation of the contractor. He stated he needed the authority from Council to pay Roche Constructors, Inc. a check in the amount of $29,861.14, upon receipt of the proper order of the Denver District Court. After discussion A.J. Wells moved approval to authorize payment to Roche Constructors, Inc., for final settlement in full in the amount of $29,861.14, in receipt of the proper court order. The motion was seconded by Sheila Davis and was unanimously carried. The Town Manager reported on the Town°s health insurance. He stated that Bill James and Dick Moore have checked with other carriers and still found Safeco to be the best market at this time for group health insurance. It was recommended that the Town of Avon renew its group health policy through Safeco Insurance. Sheila Davis moved approval to renew the health insurance for the Town with Safeco Insurance. The motion was seconded by Larry Kumpost and was unanimously carried. The Cottonwood Trees on West Beaver Creek Boulevard were discussed. Norm Wood talked with Mr. Von Ohlson and he agreed to allow the Town to construct a small earthen berm between his driveway and the trees so that the trees could be watered. Mr. Wood was proceeding to draft an agreement between the Town and Mr. Von Ohlson. No action was taken on this matter. The Town Manager read a letter which the Town received from Chuck Boettcher of Vail Mountain Rescue. They expressed their thanks for the donation of $1,000 that the Town contributed toward their program. The Mayor reported on a letter from Jim Rubin in regards to supporting the County Senior Housing. The Mayor wrote a letter last -7- year dated June 18, 1982 supporting the elderly housing project. Mr. Rubin was once again requesting that the Twon of Avon support this project. A.J. Wells moved to reissue the letter with a current date and address it to Mr. Rubin and also to Mr. Steinberg, President of Eagle County Senior Housing, Inc. The motion was seconded by Sheila Davis and was unanimously carried. The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #8. The motion was seconded by Larry Kumpost and was unanimously carried. It was requested that Council receive a status report on the Time-Sharing units that have been sold and what are being sold. Sheila Davis moved approval of the General Fund Accounts Payable for June 28, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. A.J. Wells moved approval of the Public Works Fund Accounts Payable, Mall Construction Fund Accounts Payable, Capital Projects Fund Accounts Payable for June 28, 1983. The motion was seconded by Al Connell and was unanimously carried. Larry Kumpost moved approval of the Reconciliation of Accounts Payable for June 28, 1983. The motion was seconded by Greg Gage and was carried with Sheila Davis abstaining. The minutes of the June 14, 19831 meeting was next presented to the Council. Al Connell moved approval of the minutes of the June 14th meeting. The motion was seconded by A.J. Wells and was unanimously carried. -8- • 9 There being no further business Greg Gage moved to adjourn. The motion was seconded by Don Buick. The Mayor adjourned the meeting at 10:35 p.m. R pe tfully Submitted: y 6, -9-