TC Minutes 08-08-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 8, 1995 - 7:30 P.M.
A regular meeting of the Avon 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 Albert Reynolds at
7:34PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham,
and Judy Yoder present. Also present were Town Manager Bill
James, Town Clerk Patty Neyhart, Town Attorney John Dunn, Town
Engineer Norm Wood, Director of Municipal Services Larry Brooks,
Fire Chief Charlie Moore, Police Chief Gary Thomas, and Director
of Recreation Meryl Jacobs, as well as members of the'press,and
public.
Citizen Input: Colorado Highway Safety Council / Seat Belt Award
(Duke Smith)
Mr. Duke Smith presented an "Operation Buckle Down" safety belt
awareness award to Police Chief Gary Thomas. The plaque
presented was a 1994 Silver Buckle Plaque for outstanding safety
belt education and enforcement from the Office of Transporation
Safety, Colorado Department of Transporation.
Mr. Smith recognized Town Manager Bill James for his support to
the Police Department for the project. Mr. Smith presented Town
Manager James,a Silver Buckle pen and pencil set.
Citizen Input: Cassidy's Application for Outdoor Use of Sound
Amplification System / Annual Request following 30 day trial
(Jane Tobler)
Ms. Jane Tobler informed she has not received any complaints
regarding the amplified outdoor sound. The outdoor speakers are
on a separate system. Ms. Tobler added that one neighbor voiced
concern about the overall concept of exterior sound. The owner
of the neighboring business is a councilmember for the Town of
Vail. Vail has had problems with sound in the-village and he was
concerned about setting precedence.
Ms. Pat Casey, owner of a Buck Creek condominium, opposed outdoor
sound of loud,bands'. Ms. Casey, noted she rents her unit and has
not received any complaints from her tenants. After it was
explained this application was for background recorded music and
only until 9pm, Ms. Casey was not as concerned.
Councilor Fawcett motioned to approve Cassidy's application for
outdoor use of sound amplification for annual review. Councilor
Yoder seconded the motion'and the motion carried unanimously.
Citizen Input: Congressional Youth Leadership Council (Jessica
Cuny )
Ms. Jessica Cuny requested funding from the Council to attend the
Congressional Youth Leadership Council in Washington DC. Ms.
Cuny has lived in Homestead the last two years, however she did
live in Avon for fourteen years. Ms. Cuny is an employee in the
Recreation Department for the Town of Avon. Ms: Cuny has not
asked anyone else for contributions. Ms. Cuny added that three
years ago, Council gave money to her brother to attend a
conference in Washington.
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Councilor Nottingham motioned to approve the cost of the
conference of $835 to the Congressional Youth Leadership Council
for Jessica Cuny. Councilor Hines seconded the motion and the
motion carried with Councilors Fawcett and Yoder opposed.
Second Reading of Ordinance No. 95-12, Series of 1995, AN -
ORDINANCE REPEALING AND REENACTING SECTION 15.32.100 OF TITLE 15
OF THEAVON MUNICIPAL CODE'
Mayor_Reynolds announced this is a public hearing.
Fire Chief Charlie'Moore stated this Ordinance changes language
in the fire code where fire sprinklers are required for
residential occupancies. The current language reads that
apartment houses three`or more §tories'in height'or more than
twelve units are required to have fire sprinklers. That could
mean that a triplex would need fire sprinklers-.That was not the
intent when the code was adopted. The intent was, when a
building was three or more stories in height and twelve units, at
that point fire sprinklers would be required.
Councilor Hines motioned to approve, on second reading, Ordinance
No. 95-12, Series of 1995. Councilor Yoder seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
First Reading of Ordinance.No. 95-14, Series of 1995, AN
ORDINANCE.ADOPTING-THE UNIFORM ELECTION CODE OF 1992 IN LIEU OF
THE COLORADO MUNICIPAL CODE OF 1965 WHEN PARTICIPATING IN A
COORDINATED ELECTION IN EAGLE COUNTY CONDUCTED BY THE COUNTY
CLERK AND RECORDER
Town Clerk Patty Neyhart informed that this Ordinance adopts the
Uniform Election.Code anytime Avon participates in a coordinated
election conducted by Eagle County. When not participating in
the coordinated, election, the Town will conduct the election
under the Municipal Election Code.
Councilor Nottingham motioned to approve, on.first reading,
Ordinance No. 95-14, Series of 1995. Councilor Hines seconded
the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
First Reading of Ordinance No. 95-15, Series of 1995, AN
ORDINANCE OF THE-TOWN-COUNCIL OF THE TOWN OF AVON, COLORADO
AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF A GROUND
LEASE AGREEMENT AND A MAINTENANCE FACILITY-LEASE PURCHASE
AGREEMENT`FOR THE PURPOSE OF ACQUIRING A MAINTENANCE-FACILITY FOR
THE TOWN AND RELATED INCIDENTALS AND APPURTENANCES; PROVIDING FOR
THE REGISTRATION OF SAID'LEASE; CREATING CERTAIN FUNDS RELATED
THERETO; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; REPEALING
ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND PROVIDING
OTHER MATTERS PROPERLY RELATING THERETO
Town Manger James stated
Gulch. The ground lease
being drafted and will be
Ordinance. The locked-in
agreement, is 6.19%.
this Ordinance
and maintenance
available upon
interest rate,
is in relation
facility lease
second reading
for this lease
to Swift
are still
of this
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Town Attorney John Dunn noted that the Charter requires that any
long term lease be approved by Council by Ordinance. This is a
financing device-which is.permissible without an election and
subject to an annual appropriation.
Councilor Yoder motioned to approve, on first reading, Ordinance
No. 95-15, Series of 1995. Councilor Benson seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
New Business: Certificate of Compliance & Relief from
Conservation Easement (Lot 91, Mountain Star, Filing No. 2, First
Amendment, formerly known as Lots 91 & 92, Mountain Star Filing
No. 2)
Town.Manager James suggested this item be tabled as he has not
received a follow up report from Mr. David Johnson confirming
relocation and mitigation of the Harrington Penstemon.
Councilor Fawcett motioned to table. Councilor Yoder seconded
the motion and.the motion carried unanimously.
New Business: Administration Contract / Vail Valley Foundation -
1995 Vail International Summer of Dance -_.Bolshoi Ballet
Councilor Hines motioned to authorize the Mayor to.sign the
attached contract with the Vail Valley Foundation. Councilor
Benson seconded the motion and the motion carried unanimously.
New Business: Criminal Justice Grant Award
Councilor Fawcett motioned to authorize the Mayor to sign the
criminal justice grant award. Councilor Hines seconded the
motion and the motion carried unanimously.
New Business: Recreation Contract / Advertising Services
Councilor Nottingham motioned to authorize the Mayor to sign the
advertising services contract with Crossroads Cinema. Councilor
Benson seconded the motion and the motion carried unanimously.
New Business: Recreation Contract / Trash Service
Councilor Nottingham stated she would abstain.
Councilor Hines motioned to authorize the Mayor to sign the
attached contract with Honey Wagon for trash service at the
recreation center. Councilor Benson seconded the motion and the
motion carried with Councilor Nottingham abstaining.
New Business: Recreation Contract / Security Monitoring Service
Councilor Benson motioned to approve the contract for Basset
Alarm with the addition of the monitoring of a monthly statement
coming from Basset. Councilor Nottingham seconded the motion and
the motion carried unanimously.
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New Business: Change Order #1 - Street Improvements Contract
Town Engineer Norm Wood stated the recommendation is to approve
Change Order #1 to the Grand River Construction contract for 1995
street repairs and improvements, increasing the contract amount
by $4,792.50, for a revised total $139,576.85. This amount is
within budget.
Councilor Yoder motioned to approve Change Order #l to the Grand
River Construction contract. Councilor Fawcett seconded the
motion and the motion carried unanimously.
New Business: Appraisal of Swift Gulch
Town Manager James informed, as part of the,Swift-Gulch
financing, the lender is requiring an appraisal of the property.
This is an expense that will be passed on to Beaver Creek Resort
Company. The appraisal, to be performed by Valuation
Consultants, is estimated to cost $3,500.
Councilor Yoder motioned to approve the appraisal of Swift Gulch,
awarding it to Valuation Consultants. Councilor Fawcett seconded
the motion and the motion carried unanimously.
New.Business: Phase I, Environmental Assessment Swift Gulch
Town Manager James stated the lender for Swift Gulch is requiring
a Phase.I, Environmental Audit. This cost will-be covered by,
Beaver Creek Resort_ Company. Estimated cost for this audit is
between $1,500 to $2,000.
Councilor Yoder motioned to approve the Phase I, Environmental
Assessment, the Swift Gulch audit and award it to Intermountain
Engineering at a cost not to exceed $2,000. Councilor Benson
;seconded the motion and'the mbtion_carried unanimously.
Town Attorney Report: Susan Arnold / Structural Fire
Councilor Nottingham questioned Attorney Dunn on the status of
filing a complaint regarding'Susan Arnold.
Attorney Dunn stated he filed the complaint, but it has not been
served. Discussions have taken,place'with'Ms.,Arnold, Fire Chief
Moore, and Town Manager'James.
Mayor Report:
Mayor Reynolds announced there is a summer marketing meeting
scheduled in Breckenridge, in September and suggested Council
attend.
Other Business: Contracts -Streamlining the Agenda
Councilor Nottingham suggested streamlining the agenda.
Councilor Nottingham stated Council has already approved
expenditures during budgeting and questioned why those contracts
are being brought back to Council to authorize the Mayor to'sign
- shouldn't this be an administrative procedure?
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Councilor Nottingham explained it is checked once when we have
discussion and budget, the second time when.'we re-read them and
vote on them during Council meeting when they have already been
passed, and the third time by having Council representative sign
the contracts.
Councilor Hines agreed with Councilor Nottingham and stated it
does seem redundit; a.-triple check system that will be very time
consuming.
Councilor Fawcett noted the budget defines the amount we will
spend. It does not define the terms of the agreement.
Councilor Carnes appreciated the process and felt more informed.,
Councilor Carnes noted he was not here during the past budgeting
process.
Other Business: Wildridge area concerns
Councilor Benson mentioned the speed limit up Metcalf Road and
would like to see that increased. A public hearing will be
scheduled for Wildridge residents to discuss the speed limit and
other traffic concerns.
Other Business: Air Conditioning the Municipal Building
Councilor Yoder<;commended Robinson-Mechanical for their hard work
in getting the;air conditioning started'for this evening's
meeting.
Consent Agenda:
a:)- Approval of the•July 25,
b.) Financial Matters
1995 Council'Meeting Minutes
Councilor Fawcett motioned to approve the Consent Agenda.
Councilor Nottingham seconded the motion and the motion carried
unanimously.
Adjourn:
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Yoder moved
to adjourn. The motion was seconded by Councilor- Nottingham.
The meeting was adjourned by Mayor Reynolds at 8:48PM.
PECTFULLY SUBMITTED:
Patty Neyh
Town Clerk
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