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TC Minutes 02-12-1985• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD FEBRUARY 12, 1985 - 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 p.m. A roll call was Sheila Davis, A.J. Wells, present-were Town Manager Director of Public Wor Fogland, Chief of Police press and public. order by Mayor Allan Nottingham at 7:40 taken with Clint Watkins, Steve Miller, Al Connell, and Don Buick present. Also Bill James, Town Attorney John Dunn, ks Norm Wood, Building Administrator Dan Joe Olson, as well as members of the The Mayor called for Citizen Input. Mr. Paul Crawford, with the Glenwood Coalition, approached the Council. He discussed concerns regarding potential hazardous material incidents within the County. He stated that the Department of Energy intends to dismantle, over the next thirty-five years, eighty (80) commercial nuclear power plants in the United States, and they wish to use Colorado as the main corridor to ship nuclear waste to depositories in the West, possibly Utah and/or Nevada. He stated that when shipments reach their peak, probably in five to seven years, there would be over 120 trucks per day moving over Interstate 70. Mr. Crawford stated that when the Department of Energy set up this program, they had three ideas in mind - 1) permanent entombment; 2) temporary entombment; and 3) immediate dismantlement, shipping waste to depositories that haven't been proven as yet. He stated that they are pushing for permanent entombment. After discussion, Mr. Crawford was requesting a resolution from the Council declaring its opposition to the storage and transportation of hazardous materials in the Town of Avon and along the I-70 corridor. Mr. Crawford stated that not one power plant, standing on its own, has ever made any money or has ever run at full capacity. Councilman Miller stated he felt that the local response agencies need to be better educated, better equipped, and need a better understanding of those type of emergencies. He stated that alternate routes should possibly be considered. Mr. Crawford stated that there was no guarantee that an accident would not -1- • happen and, if there was such an accident, the residents of Avon would lose their Town. He stated that you can not risk human error. Tom Early, representing the Eagle County Sheriff's Department, approached the Council. He stated that they are also responsible for any accident involving hazardous materials spills. He stated that he does not see the State Patrol, the Eagle County agencies, or the Fire Department having the kind of materials or equipment necessary to deal with an accident of this nature. He stated that it does not make any sense to have it brought through this corridor, if there is the alternative of permanent entombment. After discussion, Sheila Davis moved to instruct the Town Manager to have a resolution drafted, in the same form as the Aspen City Council's resolution, and to authorize the Mayor to sign the resolution. The motion was seconded by Clint Watkins, and was unanimously carried. Second reading of Ordinance 84-13, Series of 1984, AN ORDINANCE AMENDING THE PROVISIONS IN CHAPTER 17.22 OF THE MUNICIPAL CODE OF THE''TOWN OF AVON, MAKING NECESSARY RELATED AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON, AND PROVIDING PENALTIES FOR THE VIOLATION-THEREOF. The Town Attorney requested that Council table #84-13 pending an executive session, which would be requested at the conclusion of this meeting. Steve Miller so moved. The motion was seconded by Clint Watkins, and was unanimously carried. Next on the agenda was the Subdivision Agreement for time-sharing at the Peregrine Village Condominiums. A revised draft would be done and would be presented to the Council at the next regular meeting. Resolution No. 85-5, Series of 1985, A RESOLUTION SUPPORTING HOUSE BILL 1134 _ LOCAL GOVERNMENT ANTITRUST LIABILITY. ' The Mayor stated that this bill parallels with Federal legislation that was passed some time last fall, quite timely for the Town's benefit. The Town Attorney stated that the Council should support, without any reservation, any effort to immunize local government from the antitrust sword. After discussion, A.J. Wells moved approval of Resolution No. 85-5, Series of 1985. The motion was seconded by Al Connell, and was unanimously carried. -2- • • Resolution No. 85-6, Series of 1985, A RESOLUTION SUPPORTING HOUSE BILL 1099 -SALES TAX'SIMPLIFICATION BILL. The Town Manager stated that there were two bills being proposed, 1) House Bill 1099, which protects the Home Rule Municipalities' interest in local control while still providing some relief to the businesses that have to report sales tax; and 2) House Bill 1007, which would provide for state control of the local sales and use tax base. It was recommended that Council support House Bill 1099. Sheila Davis moved approval of Resolution No. 85-6. The motion was seconded by Steve Miller, and was unanimously carried. Preliminary and Final Plat for Peregrine Village, Lot #63, Block #2, Benchmark at Beaver Creek, was next presented to the Council. It was recommended that the Plat be referred to the Planning and Zoning Commission, at its next regular meeting, for review and comment. It was also recommended that a Public Hearing for Preliminary Plat for Peregrine Village Condominiums be scheduled for the February 26, 1985, Town Council meeting. Sheila Davis so moved. The motion was seconded by Al Connell, and was unanimously carried. Preliminary and Final Plat for the Lodge at Avon, Lot #60, Block #2, Benchmark at Beaver Creek. Norm Wood recommended that the Plat be referred to the Planning and Zoning Commission, for review and comment, at its next regular meeting. He also recommended that a Public Hearing for Preliminary Plat for the Lodge at Avon Condominiums be scheduled for the February 26, 1985, Town Council meeting. Al Connell so moved. The motion was seconded by Sheila Davis, and was unanimously carried. The Agreement between the Town of Avon and the Upper Eagle Regional Water Authority was next on the agenda. The Councilmembers were concerned because some of the proposed changes, agreed to by Council at a Special Work Session on February 6th, were not included in the draft Agreement. After discussion, the Council agreed to review the Agreement, page by page, so that the Attorney could incorporate those proposed changes. Page 1, 2nd sentence, add to read, "The Town will lease to the Authority the parcel described on Exhibit "A"... -3- • • It was stated to make sure the exhibits were attached to the Agreement. Page 2, if the words "shall be completed by approximately September 1, 1987" are to be left in the Agreement, then spell out what would happen if it is not completed by that date. Page 2, Section 2, should be simplified to read "The Water Authority would provide the Town with $50,000 of planning and/or landscaping. Out of the $50,000, $10,000 would go for planning, and the Town would not be held liable for any billing over and above the $10,000. The balance of $40,000, which would be funded at the Water Authority's Bond Closing, would be spent for various improvements to Tracts P and G." It was agreed to delete the last sentence of Section 2, which reads "Financial records of the Authority and the Town in connection therewith shall be open for inspection during reasonable business hours." Section 3, change the wordage to read, "if the Authority could put in the floor, the Town could put on the roof." It was stated that all the alternatives should be spelled out in the Agreement. Also, the Council agreed to the insertion of August 1, 1986, as the date at which time the Town would have to decide whether or not they could begin construction of their building. Section 4, include the wording in regard to maintaining the swimming pool and keeping it up to Colorado Health Standards. Section 5, change "option" to "Plant Expansion The Authority could expand the plant without any further consideration, as long as they commit to releasing any right of title or interest they have in the land if they decide they would not expand the plant. This would be so that the Town could go ahead and build a municipal facility, and it would be reviewed in twenty years for such a commitment. Also include the wordage that the Town has the option to build on top of the expanded plant, and that the Authority would provide the sub-structure. Another concern was the identification and restoration of the easements. The Avon Metro easements were discussed, and it was questioned whether or not the Metro District Board should approve the easement improvements around the-lake. The Council discussed the ozone rooms of the Water Plant. It was stated that the Ground Lease should be consistent with the Agreement. The Town Attorney reported on the matter of a Cemetery District. He stated that he had talked to a Vail Councilmember who had expressed interest in Avon's interest, but asked that the matter be discussed between the Towns' Managers. -4- • • The Town Attorney gave an update report on the Sunroad Group, Ltd. litigation. He stated that he had spent some time with Gale Miller, a partner with Davis, Graham, & Stubbs, putting together a reply to Sunroad's response to our motion to dismiss and for summary Judgement. Our response has been filed and there has been no reply, as yet. The date for a decision would be sometime in the summer. After discussion, Mr. Dunn requested an executive session with the Council, to go into more detail on this case and to decide whether to gear towards negotiation or litigation. Norm Wood reported on the speed limit on Metcalf Road. He stated that, due to recent weather conditions, a realistic study of traffic speeds on Metcalf Road, had been impossible. He stated that they would continue to monitor road and weather conditions, and an updated report would be submitted at the February 26th Council meeting. Norm Wood reported on the Preliminary Engineering Study proposals for the Avon Road separated grade crossing. He stated that Larry Metternick of Eagle County, Dean Kerkling of Vail Associates, and he had reviewed the eight proposals that were submitted. Following the review, four firms were selected for interviews. The firms, and their proposal amounts, were: Centennial Engineering, Inc., at $ 6,950.00 Inter-Mountain Engineering, at $15,000.00 DeLeuw Cather & Company, at $19,974.00 KKBNA at $24,000.00 Mr.' Wood recommended that the Town Council take the following actions in order to proceed with the project: 1) Request a commitment, of $2,300.00 each, from Vail Associates and Eagle County for partial funding of the study; 2) commit $2,350.00 of Town funds, from the 1984 Fund Balance, to complete funding for the study; and 3) authorize staff to negotiate an Agreement for Engineering Services with Centennial Engineering, Inc., in the amount of $6,950.00 for a Preliminary Engineering Study of a separated grade crossing at Avon Road and the DRGW Railroad. Mr. Wood stated that execution of a negotiated Agreement would be contingent upon review and approval by Council, and commitment of requested funds from Vail Associates and Eagle County. After discussion, Don Buick moved that Avon ask Eagle County and Vail Associates to commit $2,300 each for partial funding of this study. The motion was seconded by Al Connell. -5- • 0 Discussion followed. Dave Mott, Eagle County Commissioner, stated that he couldn't speak for the Board, but they would support the study with the appropriate amount of money. Mr. Mott asked if there was any support from the Railroad or the Highway Department. Mr. Wood stated that the response that came from the Railroad was negative. A letter has been sent to the Highway Department requesting funding. Vail Associates basically indicated that they would contribute 20% of the cost, up to $2,000. It is possible that some adjustment would be made in the percentage, but not in the $2,000. After discussion, the Council voted unanimously. Don Buick moved approval to commit Town funds of $2,350.00 for the study. The motion was seconded by Al Connell, and was unanimously carried. Don Buick moved to authorize the staff to negotiate an Agreement for Engineering Services with Centennial Engineering, Inc., in the amount of $6,950'.00, for a Preliminary Engineering Study of a separated grade crossing at Avon Road and the DRGW Railroad. The motion was seconded by Clint Watkins, and was unanimously carried. Norm Wood reported on the request for a right-of-way cut permit for Chambertin Townhomes. He stated that Silver Street Construction had requested a right-of-way cut permit to allow installation of a sewer service line, for Chambertin Townhomes, within the right-of-way of Nottingham Road. He stated the sewer line was being replaced in conjunction with replacement of the existing retaining wall. He stated that there are work date restrictions that state no permit shall be issued to allow street opening or pavement cuts between November 15th and April 15th. If an emergency permit were issued, it would be recommended that four conditions be attached to the permit, in addition to the general conditions attached to all permits issued. (See attached) It was suggested that the road be open in the back of Chambertin to allow for emergency vehicle use. A.J. Wells moved to declare the right-of-way cut permit an emergency, and to proceed as outlined in Norm Wood's memorandum, dated February 7, 1985. The motion was seconded by Don Buick, and was unanimously carried. (A copy of the memorandum is attached to these minutes.) -6- • • Next on the agenda was a report from Dan Fogland on electrical inspections. He stated that, several months ago, they began to explore various alternatives for reducing the cost for electrical inspections in the area and increasing the service. He stated that, at that time, they were looking at the possibility of the State taking over the electrical inspections, but what he was led to believe did not work out. He discovered that the inspections would have been done once a week, if that. He stated that Steve Patterson, the Vail Building Official, and he had proposed and agreed to the following: 1. Inspections will be Tuesday and Thursday afternoons, from 1-5 P.M.; 2. The cost would be $600.00 per month; 3. 90 days notice would--be--required for contract release; 4. All inspections would be done through the Town of Avon; 5. Questions for the electrical inspector would be directed to Vail during normal business hours, Monday-Friday; 6. Emergency or special inspections could be called any time by the Building Official or the Town Manager of Avon; 7. Vail electrical inspector would maintain himself clear of any conflicts of interest; and 8. Contracts would be evaluated on an annual basis, to correspond with Avon's fiscal years. Mr. Fogland stated that this Agreement would save approximately $3,600.00 annually. After discussion, Sheila Davis moved to authorize staff to have a contract drawn under 'the terms and conditions stated in the memorandum from Dan Fogland, dated February 6, 1985. The motion was seconded by Steve Miller, and was unanimously carried. (A copy of the memorandum is attached to these minutes.) The Mayor requested that a resolution be drafted in appreciation of Larry Kumpost's services to the Town. He also requested that Council accept Mr. Kumpost's resignation, effective February 15, 1985. Al Connell so moved. The motion was seconded by Don Buick, and was unanimously carried. The Mayor recommended that Council review resumes of applicants from the last interviews for the position of Planning and Zoning Commission member, and see if any of them were still interested in the position. Council agreed. Al Connell moved to appoint Charles Gersbach to fill the vacant position on the Planning and Zoning Commission. The motion was seconded by Steve Miller, and was unanimously carried. -7- • • Al Connell moved to appoint Jeff Maddox to fill the vacant position, if Mr. Gersbach declined. The motion was seconded by Sheila Davis, and was unanimously carried. It was suggested that the Mayor write a letter to Kathy Waldon, an employee of Benchmark Cleaners, thanking her for being so honest in returning the excessive amount of money that she had found. The Council agreed to proceed with the guidelines for Goal Statements, as per Jim Lamont, for Districts I-II-III. Council agreed to schedule a discussion of the Goal Statements for the next regular Work Session, and to invite the Planning and Zoning Commission members to take part in the discussions. Mr. Buick suggested starting the Work Session at 2:00 p.m. The Town manager stated that he had received a letter, from the State of Colorado, in regard to the width of the ski racks on Town buses. He stated that, according to the State, the Town is in violation of State regulations regarding size of the racks. The regulated size of ski racks is 8'6". The ski racks on Town buses are from 10 to 12 inches over this limit. Mr. James stated that the State would be citing all the Town's buses that are in violation. He stated that he was working on the problem, and requested any input that Council may have on the matter. The Financial Matters were next presented to the Council. Sheila Davis moved to receive items #1 through V. The motion was seconded by Don Buick, and was unanimously carried. The diesel fuel bill was discussed, and it was suggested that more of a breakdown be provided. Don Buick moved approval of the General Fund Accounts Payable of February 12, 1985. The motion was seconded by Al Connell, and was unanimously carried. Don Buick moved approval of the Mall Construction Fund and the Transit Fund Accounts Payable of February 12, 1985. The motion was seconded by Al Connell, and was unanimously carried. -8- 0 Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable for February 12, 1985. The motion was seconded by Al Connell, and was unanimously carried. It was recommended that returned to the packets for The minutes of the January presented to the Council. Don Buick moved approval of minutes. The motion was unanimously carried. the revenue year-to-date sheets be Council's review. 22, 1985, Council meeting were next the January 22, 1985, Council meeting seconded by Steve Miller, and was The Mayor proclaimed February 16, 17, and 18th as participation in the Smokless Weekend, a completely voluntary program in which people are asked to refrain from using their fireplaces, unless it's their only source of heat. Al Connell so moved. The motion was seconded by Don Buick, and was unanimously carried. There being no further business to come before the Council, Don Buick moved to adjourn into executive session, pursuant to the request of the Town Attorney. The motion was seconded by Al Connell. The meeting was adjourned into executive session, by ATTE- T: atricia J.QKoyle, Town Clerk -9- TO: Bill James FROM: Norm Wood ~Vz/ Memo RE: Chambertin Townhomes Requested Right-of-way Cut Permit/Nottingham Road A right-of-way cut permit has been requested, by Silver Street Construction, to allow installation of sewer service line for Chambertin Townhomes within the right-of-way of Nottingham Road. The sewer service line is being replaced in conjunction with replacement of the existing retaining walls. Some damage to Nottingham Road resulted when some units were occupied during the Christmas - New Year period. At that time, the sewer service line was disconnected from the main due to retaining wall construction. Water to these units has since been cut off to prevent similar incidents from occurring. Snow and ice pack have prevented a full assessment of damages to Nottingham Road, but preliminary investigations indicate that damage is relatively minor and will be corrected with asphalt pavement that is to be installed in conjunction with the replacement of the retaining walls. Section 12.04.380 I of the Avon Municipal Code states, "Work Dates Restricted. Except in the case of an emergency, no permit shall be issued so as to allow a street opening or pavement cuts between November 15th and April 15th.". The water to these units has been shut off for approximately one month. Does this constitute an emergency that would allow issuance of a permit in accordance with Section 12.04.380 I of the Municipal Code? If a permit is issued under the above emergency clause, it is recommended that the following conditions be attached to the permit in addition to the general conditions attached to all permits issued: 1. Work may only be started ur of Public Works, and must r Department of Public Works. struction will be based upc ditions or forecasted weath impact on work quality and on approval from the Department e stopped upon request from the Starting and stopping of Con- n site conditions, weather Gon- er conditions, and the anticipated safety, as interpreted by the • 1 • Department of Public Works. 2. All trench must be backfilled, graded, and all excess mater- ial removed prior to shut-down of operations at the end of each day. 3. Contractor shall provide the Town with compaction test results, from a licensed Soils Engineer, for each day's work. Soils Engineer shall verify on report that test results are typical for backfill and compactive efforts for that day's work. Test results shall be relayed to the Town daily, and written reports submitted no later than one week from date of test. 4. No equipment may be left within the roadway right-of-way overnight. All equipment shall be removed from the right-of-way at the request of the-Department of Public Works. Equipment removal will be requested any time snow removal operations are occurring, or are expected to occur, in the area. Section 12.04.280 of the Avon Municipal Code requires a surety bond or deposit of not less than $2,000.00 to guarantee faithful performance of the work. This bond or deposit may be increased at the discretion of the Director of Public Works. If a permit is issued at this time, a $6,000.00 cash deposit is recommended to assure that any damage to the roadway can be re- paired in the event the contractor should fail to perform for some reason. The cash deposit could be reduced to $2,000.00 for the required one year warranty period when it can be verified that all work, including grading and pavement restoration, has been satis- factorily completed. Under the circumstances, with water having been shut off for over a month, we feel that this qualifies as an emergency and that a permit could be issued under the emergency clause. We also feel the additional conditions outlined above provide assurance that all work will be performed safely and properly under weather con- ditions anticipated at this time of year. The Code is not totally clear on what constitutes an emergency. Because of this, we would like confirmation from Council that a permit should be issued and that the additional conditions outlined above provide adequate assurance that the work will be safely and properly completed. NW/brj 2-7-85 2 M E M 0 TO: Bill James, Tom !tanager FROi;: Dan Fogland, Building Administrator DATE: February 6, 1985 RE: Electrical Inspections As you know, in the past several months we have been investigating various alternatives for providing electrical inspection services. We have reviewed and compared our current situation with inspector Merle Jackson out of Steamboat Springs versus usina State, Vail, or County inspection personnel. I feel the best solution for the Tom is a cooperative aareement with the Town of Vail to utilize their electrical inspector. Steve Patterson, the Vail Building Official and myself have proposed and agreed upon the following: 1. Inspections will be Tuesday and Thursday afternoons, 1 - 5 PM; 2. Cost - $600 per month; 3. 90 days notice for contract release; 4. All inspections will be through the Town of (.von; 5. Questions may be directed to Vail for the electrical inspector during norm-al business hours, Monday - Friday; 6. "Emercency" or special inspections may be called any time by the Building Official or the Town Hanager of Avon; 7. Vail electrical inspector will maintain himself clear of an%/ conflicts of interest; 8. Contracts will be evaluated on an annual basis to correspond to our fiscal vears. This agreement will save approximately $3,600 annually and I feel will give us better service and, certainly an electrical inspector who is accessible.