TC Minutes 10-23-1990i 0
MINUTES OF THE REGULAR COUNCIL MEETING
HELD OCTOBER 23, 1990 - 7:30 P.M.
The 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 Allan Nottingham at 7:30 p.m.
A roll call was taken with David Garton, Albert Reynolds, Mike Bennett,
Gloria McRory and Jerry Davis present. Councilman Jim Stovall was
absent. Also present were Town Attorney John Dunn, Town Manager Bill
James, Director of Engineering Norm Wood, Director of Municipal Services
Larry Brooks, Fire Chief Charlie Moore, Town Clerk Patricia J. Doyle,
as well as, members of the press and public.
The Mayor called for Citizen Input.
The Vail Valley Marketing Board was before the Council. They reviewed
the Marketing Program which took place in 1990. The Marketing Board
was requesting a 12% increase in contributions'over-1990. -
The Mayor thanked the Marketing Board for their presentation.
Second reading of Ordinance No. 90-16, Series of 1990, AN ORDINANCE
TO REQUIRE AN AFFIDAVIT OF INTENT IN CONNECTION WITH WRITE-IN VOTES
AND TO PROVIDE FOR CANCELLATION OF ELECTIONS.
The Town Attorney stated that the reason for this ordinance was to
require the filing of an Affidavit of Intent as a condition to be
voted in by write-in voters. He stated that since the first reading
of the ordinance, there had been two qualified electors that had filed
Affidavits which had complied with this section. He stated the
cancellation of the election section of the ordinance was placed in
the ordinance in case there were not enough candidates to fill the
seats. He stated that being there are now two write-in candidates
running, this ordinance therefore, could be applicable in the future.
Councilman Bennett moved approval of ordinance No. 90-16, Series of
1990 on second reading. The motion was seconded by Councilman Davis.
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:
Mike Bennett, Gloria McRory and Jerry
The motion was unanimously carried.
David Garton, Albert Reynolds,
Davis. There were no nay votes.
First reading of Ordinance No. 90-17, Series of 1990, AN ORDINANCE
REPEALING AND RE-ENACTING SECTION 17.24.020 (A) 10 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT RELATES TO THE UTILIZATION OF
RESIDENTIAL OFF STREET PARKING.
Rick Pylman reviewed the Ordinance with the Council. He stated that
he excluded recreational vehicles and boats from the ordinance.
Councilman Reynolds suggested that two ordinances be adopted, one for
commercial vehicles and one for recreational vehicles.
It was discussed of the possibility of putting a time frame on the
parking of recreational vehicles in driveways, possibly seven days.
Councilman Davis agreed with the ordinance.
Councilman Bennett moved approval of Ordinance No. 90-17, Series of
1990 on first reading. The motion was seconded by Councilman Reynolds.
The Mayor called for discussion.
Councilman Bennett was concerned that buses were not being allowed
to park at the condominiums (Falcon Pointe, Comfort Inn, Beaver Creek
West, etc.). He stated that during peak season months, the buses
do bring visitors to the area for a week at a time. He asked that the
ordinance be revised somewhat to reflect that concern. Also buses were
used for business, such as, rafting, etc. He suggested that the
ordinance be defined to reflect the concerns before second reading.
Rick Pylman stated that the ordinance would be revised for second
reading.
The Mayor called for a roll call.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett, Gloria McRory and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
Resolution No. 90-41, Series of 1990, A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, APPROVING THE ISSUANCE OF $5,000,000
REVENUE BONDS, SERIES 1990A-1, $600,000 REVENUE BONDS SERIES 1990A-2;
AND NOT MORE THAN $910,000 REVENUE BONDS, SERIES 1990A-3 BY THE
EAGLEBEND AFFORDABLE HOUSING CORPORATION; IN CONNECTION WITH THE
EAGLEBEND AFFORDABLE HOUSING PROJECT.
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T.J. Mancuso with Holme Roberts & Owen, approached the Council.
The resolution was in regard to the Eaglebend Affordable Housing
Project. He stated that the Bonds represent debt obligations of the
non-profit Corporation. They would be Bonds paid from the cash flow of
the Corporation from the rental cash flows. There would be three
series of Bonds approved; the priority Bonds that would be sold to
Chrysler Capital Funding Corporation which was an Investment Company,
there would be two issues of Subordinate Bonds in effect, which would
be paying the land cost and the issuance cost, and also the overhead
that had already gone into the project. Those Bonds would be
purchased by the partnership or, a combination of partnerships
consisting of the present land owners and in affiliation with Vail
Associates. The Corporate obligations were the obligations solely
of the Corporation and not of the Town of Avon. At the end of the
term of the financing when all of the Bonds have been paid, the
property would revert automatically to the Town. During the term
of the financing, the Town has an option to purchase the property at
any time, for the amount of the outstanding debt that was secured
by the property. If, in fact, there was ever a defalut in the payments
of the Bonds, the Town has the option, but would be in no way
obligated to purchase the property of the outstanding debt. The
Corporation has been designed for federal and state tax purposes
to insolate the Town from liability for direct operation of the project.
There would be one member of the Town Council that would set on the
Board of Directors of the Corporation, in order to act as the go-
between between the Corporation and the Town.
Councilwoman McRory moved approval of Resolution No. 90-41, Series
of 1990. The motion was seconded by Councilman Reynolds and was
unanimously carried.
Resolution No. 90-42, Series of 1990, A RESOLUTION APPROVING AMENDED
CONDOMINIUM MAP OF UNITS 106,107,206,207,306,307,406,407, THE FALCON
POINTE CONDOMINIUM, LOT 45 AND PART OF LOT 46, BLOCK 2, TOWN OF AVON,
EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT, AMENDMENT NO. 4,
BENCHMARK AT BEAVER CREEK.
Rick Pylman stated that in November 1985, Falcon Pointe Condominiums
received approval to split the existing 31 units into 60 smaller
units. This redevelopment has been occuring in phases. This summer
a building permit was issued to convert 8 of the original units into
16 new units. He stated that this amended condominium plat and
declarations accurately reflects the physical changes made to the
building. He stated that the plat has been reviewed by the town staff
and was found to be in general conformance with the Town of Avon
Subdivision Regulations for a condominium plat. Mr. Pylman recommended
approval subject to:
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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 renewal of the amended declarations by the
Town Attorney.
Councilwoman McRory moved approval of Resolution No. 90-42, Series of
1990. The motion was seconded by Councilman Davis and was unanimously
carried.
Resolution No. 90-47, Series of 1990, A RESOLUTION APPROVING FINAL PLAT
OF THE ANNEX AT AVON, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Mr. Pylman stated that the Otis Company had submitted a final plat for
the Annex at Avon, Lot 65, Block 2, Benchmark at Beaver Creek. He
stated that this plat will create two separate fee simple parcels.
Lot 65 will represent the existing building and surrounding property.
Lot 65A represents the parcel known as the pad site.
Mr. Pylman recommended approval subject to technical corrections
required by the Town Engineer.
Councilman Bennett moved approval of Resolution No. 90-47, Series of
1990. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Resolution No. 90-43, Series of 1990, A RESOLUTION APPROVING FINAL PLAT
OF WILDRIDGE ACRES, BEING A REPLAT OF LOTS 13,14 and 15, BLOCK 2,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Mr. Pylman stated that Mr. Kedrowski had submitted an application for
final plat approval of the Wildridge Acres Resubdivision. Wildridge
Acres involved the resubdivision of lots 13,(fourplex,lot),.:14_(sixplex
lot), and 15 (duplex lot). He stated that this project had already
received a sketch plan, preliminary plan and SPA Amendment approval
by the Avon Planning and Zoning Commission and the Town Council.
He stated that the Town would enter into a Subdivision Agreement with
the applicant in connection with the signing of the final plat. The
Agreement allowed the Town to hold collateral in the amount of the
proposed improvements until said improvements had been consttucted and
approved. The Town would retain 10% of the collateral for a period
of one year to assure that the improvements were installed Properly.
He stated that the plat had been reviewed by the town staff and was
found to be in general conformance with the Town of Avon Subdivision
Regulations for a final plat. Mr. Pylman recommended approval subject
to:
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0
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 renew and approval of'the Subdivision
Protective Covenants and Subdividers Agreement.
Councilwoman McRory moved approval of Resolution No. 90-43, Series of-
1990. The motion was seconded by Councilman Davis and was unanimously
carried.
Resolution No. 90-44, Series of 1990, A RESOLUTION TO AMEND THE 1990
TOWN OF AVON BUDGET.
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND
AMENDING THE 1990 BUDGET FOR THE TOWN OF AVON, COLORADO.
Mr. James reviewed the resolution with the Council. It was noted
that the correction would be made on the amended budget figure:
Councilwoman McRory moved approval of Resolution No. 90-45, Series of
1990. The motion was seconded by Councilman Garton and was unanimously
carried.
Resolution No. 9.0-46, Series of 1990,:A RESOLUTION TO SET-.-MILL LEVIES.
FOR 1991 BUDGET LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1990,
TO HELP DEFRAY THE COSTS OF'GOVERNMENT FOR THE TOWN OF AVON, COLORADO,
FOR THE 1991 BUDGET YEAR.
Mr. James stated that the assessed valuation for'the 1991 budget was
$35,961,470.',- He'stated that it'compared to last year of $35,344,450.
Last year there was a total mill levy of 24.106 mills,, This year
would be increased -(to be.used'as.a guideline even though the Town
was not required to, do so) of 5 1/2% increase which would raise the
mill levy-to 25'.352 mills which-was an incaease of $18.70 per $100,000
assessed valuation on a residential individual home.
Councilman Davis moved approval of Resolution No. 90-46, Series of 1990.
The motion was seconded by Councilman Garton and was unanimously carried..
It was the consensus of the Town Council to proceed to advertise
for the vacancy on the Planning and Zoning Commission Board.
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0 •
Next on the agenda was approval of the proposal for engineering
services for the east and west commercial core area of the Town
of Avon.
After some discussion, Councilman Davis moved approval of the proposal
of Intermountain Engineering, Inc. for the engineering services for
the roadway improvement of the east commercial core area in the
amount of $79,670.00, and the 'west commercial core area in the amount
of $18,670.00. The motion was seconded by Councilman Garton and
was unanimously carried.
Next on the agenda was approval for a change order in regard to the
Avon Road Separated Grade Crossing, 1990 Utility Relocations.
Norm Wood stated that this was the first change order for the Avon
Road Project due to a number of conditions (See Change Order #1
attached to these minutes).
Mr. Wood proceeded to review the change order with the Council. The
original contract price was $660,933.50. The adjustments for the
change order was $83,195.00.
Bill James was concerned of this increase. 'He suggested that Centennial
Engineering come before the Council and discuss this adjustment.
Discussion followed.
Councilman Bennett had a concern of the engineering firm not being
aware of these adjustments.
Councilman Garton asked if the Town had any recourse.
Mr. James stated that the biggest concern was that there has to be
a comfort level. He stated that the Town was $250,000 over budget
on the particular portion of the project. He stated that the overage
was only 4% of the total budget and stated that the State did not seem
to be concerned of this.
Councilman Bennett did not want to see the Town looking at possibly
a three million dollar overage of budget come next spring. He wanted
to discuss this with Centennial.
The Mayor recommended that the Council approve this change order and
have Centennial come before the Council and carefully go over their
estimates and assure the Town that there would be no more change
orders.
Councilman Bennett so moved. The motion was seconded by Councilwoman
McRory and was unanimously carried.
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i 0.
Next on the agenda was the discussion of the Grand on Avon Project.
Larry Brooks stated that with the recent shut down of construction
on the Grand on Avon, building has left several problem areas
around the project which,were--of concern:
1. The condition of the parking lot on the west side of the building.
2. The excavation along Benchmark Road and the risk management issues
associated with it. He stated that in order to restore the parking
lot to its original condition, the cost would be $4,280.00.
The eastern portion would require backfilling and compation along with
240 lineal feet of 6' chain link fence. The cost for this would be
$8,888.00.
It was recommended that if the above work was not completed by the
owner by November 1, 1990, the Town would initiate the work and bill
the owner. The total amount for the work was $13,160.00.
It was recommended that the Grand on Avon be notified.
It was the consensus of the Council to proceed (See memorandum attached
to these minutes).
Mr. James stated that the Town was changing the Town's payroll program.
He stated that with the Transportation Employees coming on-board,
there would be four payroll periods. He stated that prior to this,
the Council did the signing function along with the Town Clerk. He
stated now with the four payroll periods, it would be easier to go
to a stamp method. The Council would approve the Accounts Payables at
the Council meetings. The checks that would be issued between the
meetings would then be authorizied by the Mayor or a Councilperson.
Councilman Garton so moved. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilman Davis moved approval of Resolution No. 90-48, Series of 1990,
a resolution which was opposing Amendment No. #1. The motion was
seconded by Councilman Reynolds and was unanimously carried.
The Financial Matters were next presented to the Council.
Councilman Davis moved approval of item #1 for October 23, 1990. The
motion was seconded by Councilman Garton and was unanimously carried.
Councilman Davis moved approval of the General Fund of Accounts Payable
for October 23, 1990. The motion was seconded by Councilman Garton
and was unanimously carried.
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U
Councilman Davis moved approval of the Reconciliation Sheet of Accounts
Payable for October 23, 1990. The motion was seconded by Councilman
Garton and was unanimously carried.
Councilwoman McRory moved approval of the October 9, 1990 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Garton and was unanimously carried.
The Town Manager reminded the Council of the ground breaking ceremonies
which would take place Thursday, November 2, 1990 at 11:30 a.m., followed
by a luncheon at the Town Hall.
The Town Manager stated that he needed some direction in respect to the
abandonded foundation of Lot 18, Block 1, Wildridge (The Greg Kraft
Foundation). It was agreed that if the terms and conditions were not
met, that the foundation would be domolished by the Town. Mr. James
stated that if he did not hear differently from the Council, staff
would proceed.
Councilman Bennett stated that he was not comfortable with the Town
going on private property and dismanteling the foundation. He stated
that there were other foundations in Town that were not receiving the
same treatment.
Mr. James stated that they had reached an agreement with Mr. Kraft, that
Mr. Kraft was expected to do certain things and, he did sign the
agreement willfully, that if those conditions were not met, the wooden
foundation would be removed.
Councilman Davis stated that he did not have a problem with this, that the
Town had given Mr. Kraft two years to work on this problem.
The Mayor recommended that staff proceed. The Council agreed.
Under--other business, Councilman Bennett discussed his concern of the
Council awarding a $100,000 contract without any competitive bidding.
Mr. James stated that the bid was within 6% of a'cost estimate for the
proposed work at that site. He stated that staff took the traffic
study estimates and added all the estimates for the whole project
and came up with 6% of the total construction cost, which fell in
line with the other estimates.
There being no further business to come before the Council, Councilman
Garton moved to adjourn. The motion was seconded by Councilman
Davis. The meeting was adjourned by Mayor Nottingham at 10:10 p.m.
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CHANGE ORDER
PROJECT NO. CC-CY 44-070H-24
AVON ROAD SEPARATED GRADE CROSSING
1990 UTILITY RELOCATIONS
CHANGE ORDER NO. 1
October 23, 1990
TO: B&B Excavating, Inc.
P.O. Drawer 249
Vail, Colorado 81658
Upon Contractor acceptance and Town approval, the work and Contract Documents for
this contract will be adjusted to include the following, without changing the terms of the
Contract:
A. Sanitary Sewer Manholes A-1, A-2, A-3, A-4 and A-5 shall be reduced in inside
diameter from 72" to 60".
B. Materials for Sanitary Sewers between Manholes A-5 and A-6, A-6 and A-7, A-7 and
A-8 shall be changed from PVC to ductile iron, as required by UEVCSD.
C. Length of 18" bored casing shall be increased from 50 feet to 68 feet.
D. Length of 22" bored casing shall be increased from 55 feet to 79 feet.
E. 18" bored casing and 22" bored casing shall be changed to 36" jacked steel casing
due to large cobbles encountered in soil.
F. Pipe size of Water Lines B and C, and associated fittings shall be changed from 8"
to 12" to match existing pipe sizes.
G. Change 8" gate valves in Water Lines B and C to 12" butterfly valves as required by
UEVCSD specifications.
H. Add improvement of Benchmark Road East as shown on Intermountain Engineering
drawing as revised October 19, 1990.
1. Adjustments to Contract Time may be made due to these changes. Appropriate
Contract Time adjustments will be negotiated for inclusion in a future change order.
J. Adjustments to contract line items are shown on the attached schedule of changes.
• i
Change to CONTRACT PRICE
Original CONTRACT PRICE $660,933.50
Adjustments for this Change Order 83.195.00
New CONTRACT PRICE, including this Change Order $744,128.50
RECOMMENDED FOR ACCEPTANCE
CENTENNIAL ENGINEERING, INC.
By: of
Da e: a z3 a
TOWN OF AVON
By:
Date:
ACCEPTED
B&B EXCAVATING, INC.
TOWN OF AVON
TOWN COUNCIL
By:
Date:
By:
Date:
w
F-RUJE
E-T C
..-24
l'--CY 44-c
AVON
ROAD
GRADE SEPARATED CROSSING
IV'JO
U 1 IL
ITY RELOCATIONS
SCHEDULE OF ADJUSTMENT"S
LHANGE ORDER NO. 1
OCTOBER 23, 11990
I7EM
CLOH
ITEM
CHANGES
COST
Nu.
NO.
DESCRIPTION
OUANT
UNIT
'RICE
AUJUSiMLNT
: 5
t:,04
Mr' SLAB 6' U H=15
1
EACH
(350. 00)
(3350. 60)
36
6(.)4
MH SLAB 61D H=20
4
EACH
.1350. 00)
(1,400.00)
4j+
604
8" PVG SAN
160
Lr
9. 00
1. 44i?. 00
18
LF
(100.00)
(1, 8o0. ou)
4b
604
18" STEEL CASING
E-0'
LF
9.00
540.00
46
604
22" STEEL CASING
1-+2
LF
12.00
1.704.00
46
60.;+
18" BORED ST CASING
18
LF
445. 00
8, Q 10. 00
68
LF
146.00
10, 064. 00
,i `d
E.t j4
22" BORED ST CASING
24
LF
713. 00
17,112.00
9
LF
146.00
11,692.00
G1
6i9
8" DIP WTR
239
Lt=
8. 00
1191a.00
62
619
12" DIP WTR
24
LF
(73.00)
(11,752.00)
t5
6!9
8" BATE VALVE W/BOX
2
EACH
(750. 00)
(1, 500. 00)
66
619
12" B'r=L'Y VALVE W/BOX
2
EACH
3, 100. 00
6,200.00
6y
619
12X 12 WET TAN C I P
2
EACH
3,050.00
6,100.00
70
619
8X8 WET TAP CIF'
2
EACH
(1,900.00)
(3,800.00)
"/8
403
1. 5" HBO' LEVELLING COURSE
83
TON
68.00
5,644.00
79
403
2" HSP OVERLAY
112
TON
65.00
7,280.00
80
403
PAVING OVERLAY FABRIC
854
SY
2.d'5
1,921.50
81
403
FILLET WIDENING (6")
36
SY
5:2.50
1,890.00
82
403
HSP PATCHING (411)
26
SY
38. 0 0
988. 00
83
609
BITUMINOUS CURD
442
LF
4.75
2,099.50
e4-
202
DEMOLITION & RESTORATION
1
-
L S
9.200.00
9, 200. 00
NET C
ONTRACT
PRICE CHANGE
83, 195.00
MEMO
T0: Bill James, Town Manager
FROM: Larry Brooks, Director of Municipal Services 0
DATE: October 12, 1990
RE: Grand on Avon
The recent shut down of construction on the Grand on Avon building has
left several problem areas around the project which deserve attention.
These problems revolve around two general areas of concern:
1. The condition of the parking lot on the west side of the building.
2. The excavation along Benctmark Road and the risk management
issues associated with it.
The parking lot constructions was started, leaving it in a now unusable
condition. Review of this site indicates the following work should
be done in order to restore the lot to its driginal condition:
Drainage: Reshape ditch along north side
Grading/Shaping: A o m dirt pile and shape beans
to original. 250 yd x $10/yd
Lot Surface Prep: 1 1/2" R.B./3" deep
65 cu yd x $12
$ 1,060.00
2,500.00
780.00
$ 4,280.00
The excavation pare lleling Benchmark Road will result in a safety hazard
if not attended. In addition the easterly portior) of this work is
inpacting the road stability, resulting in some road settlement at this
time. It is therefore recommended that the eastern portion of this
work be backfilled and compacted, and that the mining area be fenced
along the road for public safety. work is defined as follows:
Backfill and Compaction 600 cu yd x $10 $ 6,000.00
Clean up Material Along Raodway 240.00
240 lineal feet of 6' Chain Link Fence x $11/LF 2,640.00
$ ,8~$ 88.00
The total estimate for the above work is therefore $13,160.00.
It is recommended that if the above work is not completed by the owner
by November 1, 1990, that the Town of Avon initiate the work and bill the
owner.