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TC Minutes 02-28-19840 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING FEBRUARY 28, 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 7:38 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and Don Buick present. Al Connell arrived at 7:40 p.m. Also present were: Town Attorney John Dunn, Acting Town Manager 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. The Mayor called for Citizen Input. Stuart Canada approached the Council. Mr. Canada is a Membership Chairman and immediate Past President of the Eagle Valley Home Builders Association. He stated that the Association has been in existence for three years having gone from a membership of six people to a membership of over one hundred-ten people. Membership consists of builders, developers, contractors and associates. They have regular monthly meetings (first Thursday of each month), with seminars and educational programs. At the State level the Association is an advocate of planned growth (residential, commercial, etc.), and they are involved as far as participation and input with codes and statues. At the National level, there is technical advise on construction in development as well as federal regulatory agencies. He stated that the building industry is what will give this area an increase tax base. He stated that the fees consist of a first year initiation and membership fee of $245 and the second year renewal of $195. He stated that the Association was not only looking for money, but also looking for active involvement in the Association. The Town Attorney was concerned in respect to the building codes and if there would be any potential conflict in regard to those codes or similiar issues. Mr. Canada stated that the Association does take stances and in numerous occasions have been involved where they have had the towns eliminate a proposed code statue or modify the code to where it would be more beneficial to both entities. He stated that the Association has never mentioned an individual or a firm name, it always shows as a blanket coverage which is Eagle Valley Home Builders Association. After discussion A.J. Wells moved that the Town of Avon join the Eagle Valley Home Builders Association and pay the $245 fee and have the Acting Town Manager designate a staff member to regularly attend the meetings. The motion was seconded by Al Connell. Discussion followed. It was stated that the staff member attending the meeting would be reimbursed for out-of-pocket money for the dinner. -1- A.J. Wells moved to amend his motion to designate Don Buick as the Official Representative. If he is unable to attend the meeting, designate another Councilmember. If a Councilmember cannot attend, then the meetings would be covered by a staff member designated by the Acting Town Manager. Al Connell seconded the amended motion and was unanimously carried. The second item under Citizen Input was the Chamber of Commerce/Marketing. The Mayor stated that there had been a considerable amount of discussion at the work session that afternoon on the subject. Don Buick moved to commit to contributing to the Chamber of Commerce in search of a Marketing Director at the rate of $3,500 a month for at least three months and to indicate to the Chamber the strong support in finding a full-time Director, if a Director is found then the support would continue through the end of the calendar year starting March 1, 1984. The motion was seconded by Greg Gage. It was stated to designate Greg Gage to carry this message to the President of the Chamber. The motion was unanimously carried. It was stated that Greg Gage hand deliver the check in the amount of $3,500, to the Chamber Board meeting which was scheduled for Monday, March 5, 1984. It was also stated that Mr. Gage should convey to the Chamber that forth coming money would be based on the Chamber generating some funds of their own. Second reading of Ordinance No.#83-42, Series of 1983, AN ORDINANCE AMENDING ORDINANCE N0.#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 conflict of interest. The Mayor opened the meeting for Public Hearing. Kevin Rice approached the Council. He stated that this ordinance adds to the amendment of the rates of charges that were placed on the operational cable system since its inception. There was discussion concerning the sentence dealing with the first and last months security charge. Mr. Rice wished to clarify that it would be equivalent to whatever the basic service was at its inception date for the first month plus one full month equivalent ($13 plus $6.50 for a half month). A.J. Wells moved approval of Ordinance No.#83-42, Series of 1983 on second reading subject to changing the language on the first page, Section 13, change "on" to "equal to". After some discussion A.J. [dells moved to amend his motion so that the sentence reads, "Security Deposit equal to the first and last month basic service charge". The motion was seconded by Al Connell. The Public Service Television was discussed. Larry Kumpost stated that in the work session of that afternoon that it was established that the Cable Company would work with the Town in good faith to work with the Town of Vail so that the Town of Avon has some access to their Public Service. Mr. Rice agreed. There being no further discussion the Mayor closed the public hearing. A roll was taken with Larry Lumpost, Greg Gage, A.J. Wells, Al Connell -2- 0 0 and Don Buick voting aye. There were no nay votes. The motion carried with Sheila Davis abstaining. Second reading of Ordinance No.#84-1, Series of 1984, AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION. Be it noted that Greg Gage stepped down because of conflict of interest. The Mayor opened the meeting for public hearing. Rick Larson approached the Council. He was representing Peregrine Village. He stated that the proposed easement was a vacation of a utility and a drainage easement on the east property line of Lot 63 as it abuts Lot 61. He stated that they were requesting approval of the ordinance on second reading. It was stated that the three conditions have been met. (See minutes of February 14, 1984.) There was discussion of an Agreement between HAL Construction and PPL Developers in regard to the construction of the berm on HAL's property essentially idemnifying them from damage and also in regard to maintenance and landscaping. Mr. Larson stated that the Agreement is something that HAL would like and PPL Developers would present to them for maintenance and installation of the improvements indemnifying HAL for the improvements. He stated as far as that being a condition upon approval of the Ordinance, he did not think that it has ever been brought up that HAL has ever voiced that opinion. There being no further discussion the Mayor closed the public hearing. Al Connell moved approval of Ordinance No.#84-1, Series of 1984 on second reading. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion carried with Greg Gage abstaining. First reading of Ordinance No.#84-2, Series of 1984, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE PERSONNEL MERIT COMMISSION AND PROVIDING FOR ALTERNATE MEMBERS OF SAID COMMISSION. The Town Attorney stated that there was an error in the title of the Ordinance. The word "vacancies" should be deleted. He stated the amendment is to Paragraph A, Section 9.1, Chapter IX of the Charter. The paragraph reads as follows, "The Council shall create and enact a Personnel Merit System and establish a Personnel Merit Commission composed of three (3) qualified electors". The language is added to read, "as regular members and not more than three (3) qualified electors as alternate members". Mr. Dunn stated that he had added the words, "not more than" rather than saying three so that the Council would not be compelled immediately to appoint all three (3) alternates. He stated he has deleted the language from the Charter as follows, "within one year after the effective date of this Charter". He stated that this language was no longer appropriate. There being no further discussion Larry Kumpost moved approval of Ordinance No.#84-2, Series of 1984 on first reading striking the word -3- 0 4 "vacancies" in the title. The motion was seconded by Sheila Davis. 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. First reading of Ordinance No.#84-3, Series of 1984, AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF AVON AS IT PERTAINS TO THE MAYOR PRO-TEM AND PROVIDING THAT THE POWERS AND DUTIES OF THE MAYOR PRO-TEM SHALL BE THE SAME AS THE POWERS AND DUTIES OF THE MAYOR. The Town Attorney stated that the amendment is to Section 4.5 of Chapter IV. He stated that the only language that was being amended was in the second paragraph of Section 4.5. The language shall read, "The Mayor Pro-Tem shall preside at meetings of Council in the absence or disability of the Mayor. He or she shall have all the powers and duties of the Mayor in his or her absence or disability, including the power to break tie votes, but he or she shall have no vote as a councilmember when so acting." After discussion A.J. Wells moved approval of Ordinance No.#84-3, Series of 1984 on first reading. 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. Resolution No.#84-8, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL APPROVING SPECIAL REVIEW USE ALLOWING CONSTRUCTION OF A POTABLE WATER STORAGE TANK ON TRACT K WILDWOOD AT A MINIMUM DISTANCE OF 10 FEET FROM WEST WILDWOOD ROAD RIGHT-OF-WAY. Be it noted that the Mayor stepped down because of conflict of interest. The Town Attorney stated that this merely puts in resolution form the action Council had taken at the last meeting with respect to the Special Review allowing construction of a potable Treater Storage Tank on Track K, Wildwood Subdivision. Greg Gage moved approval of Resolution No.#84-8, Series of 1984. The motion was seconded by Larry Kumpost and was carried with Allan Nottingham and A.J. Wells abstaining. Resolution No.#84-9, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL SHOWING APPRECIATION TO INDIVIDUAL COMPETITORS FOR THEIR CONTRIBUTION TO THE 1984 AVON TOWN CUP. The Mayor stated that this resolution would go out to all the participants of the Avon Town Cup Race. Larry Kumpost moved approval of Resolution No.#84-9, Series of 1984. The motion was seconded by Al Connell and was unanimously carried. Councilman Wells was concerned about not acknowledging the appreciation of the seven Gold Sponsors of the event. He stated the sponsors were the ones supporting the event. After discussion Don Buick moved to direct the Acting Town Manager to -allocate at least $20 per Gold Sponsor for some significant plaque of -4- • appreciation to the Gold Sponsors. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved to have a Resolution prepared for the Silver and Banner Sponsors expressing appreciation of their contribution to the Avon Town Cup Race and authorizing the Mayor to sign. The motion was seconded by Al Connell and was unanimously carried. Next on the agenda was the bids for the Municipal Building Improvements. Norm Wood stated that last week the bids were opened for the improvements of the Municipal Building based on plans which were prepared by Intratect. There were two bids, one from Norland Enterprises of $60,638 and the second bidder, Ventres-Landauer Construction, Inc. of $64,266. He stated that in order to cut project costs to keep it in line with the budget, each of the contractors were asked for a deduct amount for the following items: 1) deletion of a sliding glass door in the Building Official's Office; 2) deletion of a side light door into the planning office and replace with a straight door; 3) delete the redwood ceiling the hallway area; replace the exterior door from a 3'-0" x 81-0" with a 31-0" x 61-8", 4) delete decking and drywall material from walls and ceiling of loft storage area and delete all heating and ventilation system construction as shown on plans. The revised bid results were Norland Enterprises $53,049 and Ventres-Landauer $49,712. Mr. Wood recommended that the contract be awarded to Ventres-Landauer Construction in the amount of $49,712. Ken Sortland of Norland Enterprises, approached the Council. He stated he had a concern on how the bidding process was handled. After discussion it was suggested that in the future bidding be done on the job that is at hand and give the direction of what is to be bid and then if there is a need to go beyond alternate bids should be given. Sheila Davis moved to award the contract to Ventres-Landauer Construction Company. The motion was seconded by A.J. Wells and was unanimously carried. Be it noted that this bid does include the structure for the storage. The Agreement between the Town of Avon and Mountain Valley Development Services for lease of a LIFT van was next presented to the Council. Mr. James stated that this was a contract that the Town of Vail had with Mountain Valley Development Services which picks up some of their clients and uses it as a transportation service. Basically, the request is that the agreement be conveyed to the Town of Avon. The Service is for the handicapped. They operate from the Eagle and Glenwood Area. The Council was not comfortable with this situation and requested that staff look into this further. After discussion Don Buick moved to table the Agreement. The motion was seconded by Al Connell and was unanimously carried. The Town Attorney reported on Lots #20,21. He stated that the recommendation of the Commissioner appointed by the Court has been filed -5- *0 00 with the Court. The recommendation is for public sale of the lots. There is a 30 day period during which anyone who is a party to the proceeding may object to that recommendation. The 30 day period will be up on March 7, 1984. If there are any objections, they will have to be set for a hearing and if there are no objections the attorney anticipated a public sale in May, 1984. Next on the agenda was a report on Law Enforcement to contract with the County. The Mayor stated that there was a considerable amount of discussion of a brief proposal submitted by the Sheriff that afternoon. He was requested to come back with an additional proposal for part-time assistance in Law Enforcement. He stated there has been a Public Hearing set for Tuesday March 13, 1984 for the citizens to come in and voice their opinions of the proposal. There was also a proposal submitted by Vail Valley Security Force headed by Dave Martinez. The Mayor felt that it would be difficult to contract with a Security Firm. The Acting Town Manager stated if he could not support contracting with the Sheriff's Department, he could not support contracting with a private Security Firm. The Council agreed that this proposal should not be considered. It was noted that Council would hold a workshop to go over organizational matters on Tuesday, March 6, 1984 from 2:00 p.m. to 4:00 p.m. Acting Town Manager reported on the authorization to contract with Yoder Engineers for improvements on the heating and ventilation of the Municipal Building. Mr. James stated he would recommend deleting all heating and ventilation system improvements from the current proposals for the upstairs improvements and to contract with Yoder Engineers to design the system and to correct problems in the current heating system. The design work for the third floor and correction of existing problems would be in the amount of $1,500. Cost of construction of all heating and ventilation work is estimated to be $15,000. The Mayor stated that there was a need for Yoder or somebody else to educate our maintenance man on the operation and up keep of this system and to maintain it on a day-to-day basis. Sheila Davis stated that when the Council awarded the improvements contract she was of the understanding that the mechanical engineering was included, that Bill Pierce's (Intratect) bid price included the design work from Yoder Engineering. Lengthy discussion followed. It was requested that the workshop tapes be reviewed to determine what was said in the conversation in regard to the mechanical design. A.J. Wells suggested to receive a quote from Yoder to design the system for the upstairs and then to receive a separate quote from Yoder for the entire building situation. He stated that this should be handled separately. Councilman Wells stated that if the fees were reasonable for the upstairs then they should proceed with the work on the third floor. -6- • Further discussion followed. It was suggested to have the answers It was also suggested that possibly discuss this matter. • for the next Tuesday's work session. to have Yoder Engineers available to The Mayor reported on a couple of letters of appreciation. One was from the Town of Breckenridge in regard to the Avon Town Cup and the other was a letter from Tom Watson, Jr. also in regard to the Avon Town Cup Race. The Mayor stated he had also received a letter from a Mr. Herald Trimmell in regard to his concern of the proposed building on Tract P. It was suggested that the Mayor respond to his letter. The financial matters were next presented to the Council. Don Buick moved to receive items #1 through #7. The motion was seconded by Al Connell and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable for February 28, 1984. The motion was seconded by Sheila Davis and was unanimously carried. Don Buick moved approval of the Marketing/Promotions Fund, Transit Fund, Lift Fund, and the Capital Projects Fund with the exception of holding the check for the Vail Foundation in the amount of $2,500 until further discussion. The motion was seconded by Sheila Davis and was unanimously carried. Don Buick moved approval of the Reconciliation sheet of Accounts Payable for February 28, 1984. The motion was seconded by A.J. Wells and was unanimously carried. Mr. Sortland again approached the Council. He stated it was in reference to the Log Cabin. Mr. Sortland stated that in order to expedite the completion of the Log Cabin in the time schedule, he had a Letter of Credit from First Bank of Avon. He was requesting that this Letter of Credit be released since the work is complete and if the work is satisfactory to the Town. After discussion it was agreed by the Council that Norm Wood draft a letter stating that the work has been completed in a satisfactory manner and that the letter be reviewed by the Town Attorney so that Mr. Sortland could have some return on his capital. -7- 0 t It was suggested that staff talk to Bob McIlveen, Director of Beaver Creek Transit, to see if during peak time the trip over to the Airport could be deleted. Possibly make the run on request only. The minutes of the February 14, 1984 meeting were next presented to the Council. Don Buick moved approval of the February 14th minutes. The motion was seconded by Greg Gage and was unanimously carried. There being no further business to come before the Council, A.J. Wells moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned by Mayor Allan Nottingham at 9:50 p.m. -8-