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
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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.
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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"...
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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.
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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.
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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.)
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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.
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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.
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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
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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
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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.