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TC Minutes 01-10-1984• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING JANUARY 10, 1984 - 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 7:42 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, 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. There was no Citizen Input discussion. Second reading of Ordinance NNo.#83-42, Series of 1983, AN ORDINANCE AMENDING ORDINANCE 140.#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 a conflict of interest. The Mayor opened the meeting for public hearing. Clint Watkins approached the Council. His question was concerning the Public Access Television situation. He stated he understood that there was a Public Access station in Vail. Mr. Watkins was inquiring as to what the chances would be of Avon getting something similiar. Jim Lamont stated the Council should possibly be taking a look at how would the Public Access Channel in Vail be interconnected with the Avon system, how would Avon be able to use that access channel and also how would Avon be able to acquire the equipment that would allow the Town of Avon to produce programming that could be put on the Public Access Channel. He stated he thought it was the intent of Heritage Company to consolidate all the Public Access needs in.the valley on one channel. Councilman Connell stated that the Manager of Heritage Cable stated that Avon would be included sometime in August. He stated that there should be some kind of statement from him. He felt that the second reading of this Ordinance should be tabled until a representative is present to discuss this matter. The Town Attorney stated that there was a concern on some of the language in the Ordinance and recommended that the ordinance be tabled until it is clarified. There being no further discussion the Mayor closed the public hearing. Al Connell moved to table Ordinance No.#83-42 on second reading until a representative from Heritage Cable could be present to discuss these concerns. The motion was seconded by Larry Kumpost and was unanimously -1- • • carried. The Town Manager stated that there was a request from the County Administrator for Avon to see if it can find room for an office for the Public Health Nurse and a. secretary. He recommended that Council receive the letter this evening and refer it to staff to work with the County on this matter and come back with a recommendation at the next regular meeting. Don Buick moved to receive this letter and to direct staff to work with the County staff and to come back to the Council with the appropriate recommendation. The motion was seconded by Larry Kumpost and was unanimously carried. Resolution No.#84-1, Series of 1984, was next presented to the Council. This resolution refers to the appreciation of service of Dick Evans as Building Official for the Town of Avon and his retirement. The Mayor then read the resolution in its entirety. Don Buick moved approval of Resolution No.#84-1. The motion was seconded by Al Connell and was unanimously carried. The Town Manager then presented Mr. Evans with a retirement plaque award. Mr. Evans stated that it was very well appreciated and that he has enjoyed working with the Town and its employees. Resolution No.#84-2, Series of 1984. This resolution refers to the Attorney fees. The Town Attorney stated he had drafted, in resolution form, essentially the same relationship that he has had with the Town in the past in accordance with a prior discussion pertaining to litigation and leaving the general hourly rate the same. He stated he also had the contract which he had prepared. Discussion followed. Councilman Connell stated he felt that the resolution should be taken up in a work session and felt there were a few other concerns that should be talked about before passing the resolution and that he was not prepared to pass the resolution. Councilman Gage stated that on an hourly basis the Council could monitor the charges as the year goes on. Councilman Wells stated that the last three to four months the attorney fees have been substantially less than the four thousand dollars a month that had been occuring earlier in the year. Discussion followed. Councilman Connell stated he felt that the attorney fees would go over budget and he did not want to see that happen. Greg Gage moved to adopt Resolution No.#84-2, Series of 1984. The motion was seconded by Larry Kumpost. Larry Kumpost stated that the Agreement should be discussed at the next regular work session of the Council. -2- • The motion was carried with Al Connell voting nay. Next on the agenda was the Change Order No.#1 for electrical service to the Avon Sign and also a pay request. The Town Engineer stated that the change order reflects changes in quantities installed during construction. He stated field conditions required an additional 17 feet of conduit to be placed in the crossing of Avon-Nottingham Road. The other item was the addition of the duplex outlet at the sign location. He recommended that Council approve Change Order No.#1. Don Buick so moved. The motion was seconded by Sheila Davis and was unanimously carried. Mr. Wood stated that in regard to the pay request, the Highway Department will not release the Permit for the Avon Nottingham Road crossing until spring. They are holding the release of the permit because the 20 foot overlay normally required was not installed at the road crossing when the patch was made. The overlay will not be required if the patch does not settle and the permit will then be released. The estimated cost of this overlay is approximately $400. Mr. Wood recommended the work be considered as complete and all payments made except for release of the 10% retainage. A.J. Wells moved to hold the 10% retainage for the project until the 20 foot overlay on Avon-Nottingham Road crossing is completed or the Highway Department releases the permit for the crossing. The motion was seconded by Larry Kumpost and was unanimously carried. The Agreement between the Town of Avon and Benchmark Companies regarding the Landscape Improvements was next presented to the Council. Be it noted that Mayor Allan Nottingham stepped down because of conflict of interest. A.J. Wells abstained from discussion. The Mayor Pro-Tem then proceeded. The Agreement stated that the Town will, 1) provide irrigation water and maintain existing landscape improvements in the small area (approximately 4,000 square feet), previously maintained by Benchmark Companies which surrounds the Benchmark Companies sign located at the southwesterly corner of Avon Road and West Beaver Creek Boulevard: 2) provide electrical service for night time illumination of the Benchmark Sign as it presently exists: 3) maintain the landscape improvements as constructed on the easterly side of Avon Road between the Benchmark Plaza entrance and the First Bank of Avon entrance. Benchmark Companies will; 1) maintain the Benchmark Sign located at the southwesterly corner of Avon Road and West Beaver Creek Boulevard: 2) provide irrigation water and electrical service for the irrigation control system for the landscaped area (approximately 27,000 square feet) located on the easterly side of Avon Road between the Benchmark Plaza entrance and the First Bank of Avon entrance. These arrangements would be benefical to both parties and both parties have reached an agreement. Don Buick moved approval of the Agreement and authorized the Mayor -3- 0 0 Pro-Tem to sign the Agreement on behalf of the Town. The motion was seconded by Larry Kumpost and was carried with A.J. Wells abstaining. The Mayor resumed his seat. Next on the agenda was a letter from Richard E. Woodrow of the White River National Forest. The Town Manager stated that this letter was just to put the Council on notice of the land exchange east of Metcalf Road. This is in regard to an exchange of land in the Buck Creek area with a parcel of land lying to the west in the Berry Creek and Spring Creek area. He recommended that the Council receive the letter. After discussion Don Buick moved to receive the letter and to have a -letter prepared for the Mayor's signature indicating that the Council looks favorably upon this exchange. The motion was seconded by Sheila Davis and was carried with A.J. Wells abstaining because of a potential conflict of interest and Mayor Allan Nottingham abstaining from discussion. The Town Manager reported on the Dog Control for the Town. He stated that there was no letter written by Art Abplanalp indicating that the Town did not want any help from the Animal Control Officer. After researching, the only letter found was from the Assistant County Attorney, Jim Fritze advising Brad Jones and Gilberta Mathews, the Animal Control Supervisor, that he had an indication from the Town of Avon that in the revising of the Avon's Dog Control Ordinance, that they would delete all reference to enforcement of the ordinance by the County. He stated that the staff would put information together for the Council to consider as to what it would take for the Town to do an adequate dog control program. Lengthy discussion followed. Councilman Kumpost stated that perhaps animal control would be something that the County could assume more responsibility regardless whether municipal areas are involved. He felt that possibly a letter could be written to the County Commissioners indicating that the Council feels that this is one area the County Commissioners should be looking into. A.J. Wells moved to receive the information that was in the packet and direct staff to research this matter. The motion was seconded by Don Buick and was unanimously carried. The Town Manager reported on the Nor-Am Race. He stated that he attended the organizational meeting Monday. At the present time there are five Gold Sponsors for the event. He stated that a decision had to be made as to where the reception is to be held. He felt that the Town Hall would be inadequate. After discussion it was decided to hold the -4- reception at McCoy's in Beaver Creek. Norm Wood reported on the Log Cabin. He stated that the electrical bids were opened for the Log Cabin last Thursday. After working with Bill Pierce, Architect, they came up with ways to lower the cost. After discussing the changes with New Electric, there was a deduction of $738.00 which would make the contract amount $4,530.00. He recommended that the Council authorize to proceed and award the contract to New Electric for the installation of the electric for the Log Cabin in the amount of $4,530.00. Don Buick so moved. The motion was seconded by Al Connell and was unanimously carried. A.J. Wells moved to authorize the Town Engineer to proceed to negotiate contracts with the lowest bidders on the plumbing and the sheet rock. The motion was seconded by Al Connell. After discussion A.J. Wells moved to amend his motion to include the painting and the finish work for the Log Cabin. The amended motion was seconded by Al Connell and was unanimously carried. The Bus Service Ridership was next on the agenda for discussion. Bob McIlveen, Director of the Beaver Creek Transit, approached the Council. He stated that for the month of December the total ridership was 2,340 for the Eagle-Vail Lift, For the Edwards route it was 648 riders, a total of approximately 3,000 riders. The ridership last year for December was 5,200 riders. Mr. McIlveen suggested that the Town of Minturn should be included in the bus system. The Town Manager stated that some of the business people of Minturn were noticing the impact and felt that Minturn should get back into the system. Mr. McIlveen reported on the Nottingham Road Ridership. He stated that for the month of December there was 20 riders outgoing and 19 returning for a total of 39 riders. It was stated that the new Orion Bus would be in operation soon. After discussion the Mayor thanked Mr. McIlveen for his report. The contract between the Town of Avon and Richard L. Evans, Building Administrator, was discussed. The Town Manager stated that Dick Evans was going on a contractural status the first of the year. He stated that Mr. Evans had reviewed the contract and found it satisfactory. It is based on his former salary plus a standard increase of 60. It also includes a mileage allowance which he presently receives. Mr. Blodgett recommended that this contract be adopted. Don Buick moved to authorize the Mayor to sign the contract between the Town of Avon and Richard L. Evans. The motion was seconded by Larry Kumpost and was unanimously carried. -5- 0 • The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through #15. The motion was seconded by Don Buick and was unanimously carried. Don Buick moved approval of the General Accounts Payable of January 10, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. There was discussion on the unpaid bills for the Avon Road and Mall Projects. Norm Wood stated that one lien waiver had been received. He stated the check could be held until the lien waivers came in and the Town Attorney recommended release of payment. Sheila Davis moved approval of the Mall Maintenance Fund, Mall Construction Fund, Marketing/Promotions Fund, Transit Fund, Lift Fund, Capital Projects Fund Accounts Payable for January 10, 1984. The motion was seconded by Al Connell and was unanimously carried. A.J. Wells moved approval of the Reconciliation of Accounts Payable for January 10, 1984. The motion was seconded by Larry Kumpost and was unanimously carried. The minutes of the December 13, 1983 meeting was next presented to the Council for approval. Don Buick moved approval of the December 13, 1983 minutes. The motion was seconded by Al Connell. Discussion followed. A.J. Wells stated that there were a few corrections, on page 6, 3rd paragraph add, "The Icing on the Lake", page 10, 1st paragraph change to read that "Allan Nottingham and A.J. Wells abstained from discussion because of conflict of interest", lst paragraph, 10th line change "Benchmark Subdivision" to "Wildwood Resort", 17th line add, "as a possible 200 unit hotel", page 13, 3rd paragraph, change "March" the "Marsh", 4th paragraph add, "and attached hereto". A.J. Wells moved to amend the motion to include those corrections of the minutes. The amended motion was seconded by Al Connell and was unanimously carried. The Mayor stated that he had received a "Bill" presented for the legislature regarding the "Consolidation of Services",(water districts and or fire district). He stated that it is an issue that would benefit the Avon Metropolitan District and the Town. He stated it should be considered for the next Council Meeting. Bill James stated he had talked to Jim Collins and Mr. Collins stated he would have a resolution prepared by the next Council Meeting. Greg Gage stated that there would be a Marketing Meeting Thursday, January 12, 1984 at 2:00 p.m. at the First Bank of Avon. -6- 0 0 There being no further business Al Connell moved to adjourn. The motion was seconded by Don Buick. The meeting was adjourned by Mayor Allan Nottingham at 9:38 p.m. -7-