TC Minutes 12-11-1990s;
MINUTES OF THE REGULAR MEETING OF THE TOWN
COUNCIL HELD DECEMBER 11, 1990 - 7:30 P.M.
The regular meeting of the Avon Town Cohncil 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- Jerry,Davis'at 7:30 p.m.
A roll call was taken with.Albert Reynolds;`David Garton;-Mike Bennett,
Gloria McRory, Jim Stovall and Tom Ptach present. Also present were
Town Attorney John Dunn,:Town Manager Bill James,,Director of Engineering
Norm Wood, Director of Municipal Services•Larry Brooks"','-:Director
of Community Rick Pylman, Fire Chief Charlie Moore',.Police Chief Art
Dalton,•Town Clerk Patricia J. Doyle, as well,-,as members of the press
and public.
The Mayor called for Citizen Input.
Mike Gallagher was representing the Eagle County.Chapter of the
Colorado Right to Life. Mr. Gallagher stated that the Committee
was planning an event to commemorate Life Sunday, which was January
20., 1991. They would hold this event in Avon by forming a life
chain-at'the intersections of Avon Road and Beaver Creek Boulevard.
He stated that Avon was not being targeted in.any way. He stated
that on that Sunday, they would stand on the sidewalk for one hour,
holding a sign which would read, "Abortion Kill Children",- and
then after the hour was over, they would disperse. He stated that-
the reason for holding the event in Avon was that they needed a busy
intersection. He asked for the Town's cooperation for this event.
After--some discussion, the Mayor thanked Mr. Gallagher for his
presentation.
Mr. Mike Meehan approached the Council. He discussed the Vail Parking
Lot and had a concern of the Vail Officials charging $7.00 a day to
park at the parking structure. He stated that if you were not a
Vail resident, or if you did not work for Vail, then you could riot
buy a parking pass to park at the structure. He stated that last
year parking passes were bought for .96~ a coupon.
Discussion followed.
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Mayor Davis stated that he appreciated Mr. Meehan's input, but was
not quite sure what the Avon Town Council could do about that
particular problem. He stated that Avon was providing bus service,
and people could ride the bus which would be cheaper than parking
in Vail's parking structure.
The Mayor thanked Mr. Meehan for his comments and his concern.
There being no one else wishing to speak under Citizen Input, the
Mayor closed that portion of the agenda.
Second reading of Ordinance No. 90-19, Series of 1990, AN ORDINANCE
AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO GRANT
ANTICIPATION NOTE, SERIES 1991, IN A PRINCIPAL AMOUNT NOT TO EXCEED
$2,000,000; PRIVIDING DETAILS CONCERNING THE NOTE, ITS FORM, SALE
AND FUNDS RELATING THERETO; PROVIDING FOR THE REPAYMENT OF THE NOTE;
AND PROVIDING ALL OTHER DETAILS RELATING THERETO.
Bill James reviewed the ordinance with the Council. He stated that the
interest rate was at 9.34%.
Councilwoman McRory moved approval of Ordinance No. 90-19, Series of
1990 on second reading. The motion was seconded by Councilman Reynolds.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor entertained a roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett, Gloria McRory, Jim Stovall and Tom Ptach. There were no
nay votes. The motion was unanimously carried.
Resolution No. 90-54, Series of 1990, A RESOLUTION CANCELLING THE
DECEMBER 25th TOWN COUNCIL MEETING.
Councilman Garton moved approval of Resolution No. 90-54, Series of
1990. The motion was seconded by Councilman Ptach and was unanimously
carried.
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Resolution No. 90-55, Series of 1990, ARESOLUTION AMENDING THE 1990
TOWN OF AVON BUDGET. Police Department equipment from drug money
awarded.to the Avon Police Department.
Countilman Garton moved approval of Resolution No. 90-55, Series of
1990. The motion was seconded by Councilman Reynolds and was unanimously
carried.
Resolution No. 90-56, Series of 1990, A RESOLUTION APPROVING FINAL
PLAT OF DEER RIDGE II~DUPLEX, LOT 2, DEER RIDGE'SUBDIVISION, A
RESUBDIVISION OF LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY.COLORADO.
Be it noted that Councilman Stovall stepped down due to conflict of
interest.
Rick Pylman stated that this resolution would separate_Lot 2, which
was a resubdivision of Lot 89, Block 1, Wildridge. He stated that
the resolution had two conditions contingent upon approval:
1. The completion of technical corrections'as identified by the
Town Engineer.
2. The completion and execution of all certificates to the
satisfaction of the Town Attorney and the review of the Townhouse
Declarations by the Town Attorney prior to filing with the Clerk
and Recorder of-Eagle County.
Councilman Bennett moved approval of Resolution No. 90-56, Series.of
1990,. The motion was seconded by Councilman Ptach and was carried
with Councilman Stovall abstaining.
Resolution No. 90-57, Series of 1990, A RESOLUTION AMENDING THE 1990
TOWN OF AVON BUDGET. Transportation, which would reflect additional
service area. The Budget was amended to reflect $106,005.
Councilwoman McRory moved approval of Resolution No. 90-57, Series of'
1990.. The motion was seconded by Councilman Bennett and was unanimously
carried.
The Council discussed the concern if there would be a short-fall in funds.
Bill James stated that all the costs were covered over the entire budget
process of contributions., He stated that Leadville would cover their
cost, Beaver Creek would pay for their portion, and Avon would pay for
their- portion. The employee system would be'A'4red with the Town of Vail
and Beaver Creek Resort.
The Mayor had a concern that if there was a short-fall in revenue or
an overage in expenses, who would pick up the tab, and was there
evidence of this.
Mr. James stated that there was not any specific evidence written
at this time, except that Beaver Creek Resort Company had told
the Town that they would pick up any overages.
The Mayor asked if that could be in writing.
Mr. &Tames stated that they were including any short-fall in the
current billings.
The Mayor asked to have a legal opinion from the Town Attorney.
Resolution No. 90-58, Series of 1990, A RESOLUTION AMENDING THE 1991
TOWN OF AVON BUDGET. Additional Transportation Service Area.
Councilman Garton moved approval of Resolution No. 90-58, Series of
1990. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Next on the agenda was discussion of the railroad crossing and the
Liquidated Damages.
Norm Wood stated that B & B Excavating, Inc. requested that the contract
time for the Avon Road Separated Grade Crossing Utility Relocation be
suspended as of November 30, 1990. The contract provided for a
completion date of November 30, 1990, and liquidated damages in the
amount of $1,000 for each day that any work shall remain uncompleted
after elapse of contract time. The granting of the requested suspension
would in essence eliminate the completion date stipulated in the
contract along with provisions for liquidated damages.
Mr. Wood stated that an extension of the contract completion time may
be justified, due to conditions encountered, such as the railroad
crossing tunneling rather than boring and delayed access to some
properties. A specific extension of time based upon the changed
conditions should be established and a new contract completion date
approved by change order. He stated that this could be established
in the final change order which will adjust contract quantities
to conform with actual construction.
Discussion followed.
Mr. Wood recommended that Council deny B & B Excavating, Inc. request
to suspend the contract time as of November 30, 1990 and to direct
the Town Manager to establish contract time extension based upon
changed conditions to be incorporated into project change order.
Further discussion followed.
Councilwoman McRory moved approval of the recommended request as
stated by Norm Wood. The motion was seconded by Councilman Garton.
The Council had concern with the language of the motion that was made.
After further discussion the Mayor called for a vote on the motion.
The motion failed due to a lack of majority vote.
Councilman Garton moved to deny B & B Excavating, Inc. request to
suspend contract time as of November 30, 1990 and to direct the Town
Manager to open discussions with B & B Excavating, Inc. regarding
whether there should be an extension of the contract time. The motion
was seconded by Councilman Bennett. The motion carried with
Councilmembers McRory and Reynolds opposing.
Next on the agenda was the review of the plans for
for the Wildridge Affordable Housing Project.
The Mayor suggested that the Town look at a better
design for this project, rather than just building
to be more attractive in design and architectural
Councilman Stovall stated that the units had to be
also had to be liveable.
conceptual design
structure-wise
boxes. It needed
wise.
affordable, but
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #18. The motion
was seconded by Councilman Garton and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for December 11, 1990. The motion was seconded by Councilman
Garton and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for December 11, 1990. The motion was seconded by
Councilman Garton and was unanimously carried.
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Councilwoman McRory moved approval of the November 27, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Ptach and was unanimously carried.
Under other business, the Town Manager stated that the Town of Redcliff
requested that possibly the Town of Avon would transfer their T.V.
Translator licenses over to Redcliff so they could expand their
service. He stated that Redcliff also proposed a 10 Mill Tax to
provide television with that increase for better service.
The Mayor stated that he would support their request, but first
the requested that staff may want to research this to see if Eagle
might want to expand their service.
Mr. Steve France, an insurance representative from the Fireworks Company
thatjprovided the July 4th Event, approached the Council.
Mr. James introduced Mr. France to the Council. He stated that Mr.
France was before the Council because of some claims from residents
of Avon that there was paint damage to their automobiles caused by
the fireworks.
Mr. France then presented the information to the Council that came
from the insurance adjuster. Mr. France discussed the reviewed the
insurance report with the Council. The conclusion from the adjuster
stated that the fireworks could not have caused the paint damage to
those automobiles as the residents stated.
The Town Council had concern with the report and did not agree.
Several residents spoke before the Council stating what their claims
included.
At the conclusion of the discussions, Mr. France stated that he would
establish a time and experiment with the fireworks on a car to see
what damage it would do to the paint. He stated that he would report
back to the Town Manager possibly by January 30th, and then return
to the Council by February 5th or there after.
It was suggested that Mr. France notify the Town Manager and possibly
pursue the insurance company to pay these claims.
Councilman Ptach suggested that Mr. France contact the Town when
these tests take place and possibly have a town staff person there.
Mr. France agreed.
Councilman Ga-0n moved approval to hire WW, Inc. as consultants
for the Town oT Avon's Streetscape Project. The motion was seconded
by Councilman Stovall and was unanimously carried.
The Council appointed Councilman David Garton to the Eagle County
Library Task Force as the representative for the Town of Avon.
There being no further business to come before the Council, Councilman
moved to continue the meeting until December 18, 1990 at 3:30 p.m.
The motion was seconded by Councilman Garton and was unanimously
carried.
Councilman Ptach moved to retire into executive session in regard
to the litigation of Avon Town Square in respect to the Railroad
Crossing. The motion was seconded by Councilman Garton.
The Council then retired into executive session at 9:20 p.m.
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MINUTES OF THE CONTINUED COUNCIL MEETING
FROM DECEMBER 11, 1990 - HELD DECEMBER
18, 1990 - 3:30 P.M.
The continued meeting of the Town Council of the Town of Avon,
Coldrado from the December 11, 1990 Council Meeting was held
December 18, 1990, in the Municipal Building, 400 Benchmark
Road, Avon, Colorado, in the Council Chambers.
The continued meeting was called to order by Mayor Davis at 3:40 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Gloria
McRory, Jim Stovall and Tom Ptach present. Councilman Garton was
absent. Also presented were Town Attorney John Dunn, Town Manager
Bill James, Town Clerk Patricia J. Doyle, as well as, members of the
press and public.
The first item on the agenda was Resolution N 90-59, Series of
1990, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO,
APPROVING THE ISSUANCE OF $7,200,000 REVENUE BONDS, SERIES OF 1990-1,
$500,000 REVENUE BONDS, SERIES OF 1990-2, AND $1,284,000 REVENUE
BONDS, SERIES OF 1990-3 BY THE EAGLEBEND AFFORDABLE HOUSING
CORPORATION; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OPERATIONS
AGREEMENT IN CONNECTION WITH THE EAGLEBEND AFFORDABLE HOUSING PROJECT.
The resolution would increase the amount of the bonds in the amount
of $7,200,000. The Council also discussed the amendment to Eaglebend
Affordable Housing project Operations Agreement.
Councilwoman McRory moved approval of Resolution No. 90-58, Series
of 1990. The motion was seconded by Councilman Ptach and was
unanimously carried.
Ordinance No. 90-20, Series of 1990, AN ORDINANCE AUTHORIZING AND
DIRECTING THE EXECUTION AND DELIVERY OF LEASE PURCHASE AGREEMENT FOR
THE PURPOSE OF ACQUIRING TWO PASSENGER BUSES AND RELATED INCIDENTALS
AND APPURTENANCES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN;
REPEALING ANY ACTION HERETOFORE TAKEN.IN CONFLICT HEREWITH; DECLARING
AN EMERGENCY; AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO.
Bill James stated that an approval needed to be given for the lease
purchase of two Road Coaches. He stated that the Agreement with ABC
Leasing Company did not reach a final Agreement due to liability and
Endemenity problems. Mr. James stated that the plan now was to lease
purchase two vans. These would be 25 passenger buses. Leadville
had agreed to pay the lease. He stated that Dee Wisor with Sherman
and Howard had drafted an Emergency Ordinance for the lease purchase
of those two road vans.
Dee Wisor then reviewed the ordinance with the Council.
It was stated that this was an Emergency Ordinance therefore it would
go into effect eight days after approval of the ordinance.
Councilwoman McRory moved approval of Ordinance No. 90-20, Series of
1990 as an Emergency ordinance. The motion was seconded by Councilman
Reynolds.
The Mayor called for a roll call.
Those Councilmembers voting aye were Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Tom Ptach. There were no nay votes.
The motion was unanimously carried.
There being no further business to come before the Council, Councilwoman
McRory moved to adjourn. The motion was seconded by Councilman
Stovall. The meeting was adjourned by Mayor Davis at 4:16 p.m.
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