TC Minutes 01-22-1991•
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MINUTES OF THE REGULAR MEETING OF THE TOWN
COUNCIL HELD JANUARY 22, 1991 - 7:30 P.M.
The regular meeting of 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 Jerry Davis at 7:33 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Gloria
McRory, Jim Stovall and Tom Ptach present. Councilman David Garton
was absent. 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 Development Rick Pylman,
Town Planner Jim Curnutte, Police Chief Art Dalton, Town Clerk Patricia
J. Doyle, as well as, members of the press and public.
The Mayor called for Citizen Input.
The Mayor and Councilwoman McRory presented the outgoing Mayor,
Allan Nottingham with a Plaque, Certificate of Appreciation and a
Resolution thanking him for his twelve years of service.
Allan Nottingham thanked the Town Council and stated that he was sure
that the present Council would take the Town of Avon in the right
direction.
There being no further Citizen Input, the Mayor closed that4iportion of
the agenda.
Resolution No. 91-3, Series of 1991, A RESOLUTION GRANTING A SPECIAL
REVIEW USE TO ALLOW PARKING AS A PRINCIPAL USE ON LOT 24, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION.
Rick Pylman stated that Buck Creek Condominium Association was requesting
prermission to utilize the adjacent vacant lot for temporary overflow
parking until May 31, 1991. The Association would develop an area
approximately 100 feet x 80 feet and park approximately 10 cars
there on a daily basis. He stated that the Planning and Zoning
Commission recommended approval of this request with the following
conditions:
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1. The application designate the parking area according to the
dimensions on the accompanying site plan.
2. The applicant add gravel to the area between the edge of
pavement and the right-of-way line. The reason for this was two-
fold; to protect the integrity of the asphalt at street edge and to
minimize the tracking of mud and debris onto the Town road.
3. This permit would expire May 31, 1991.
4. No overnight parking, no parking of commercial vehicles and no
parking anywhere outside of the designated area as described on the
site plan.
It was the stated that the owner of the property would maintain the
lot.
Councilman Bennett moved approval of Resolution No. 91-3, Series of
1991. The motion was seconded by Councilman Reynolds and was
unanimously carried.
Next on the agenda was a formal request by Domino's Pizza to appeal
the denial of their request for a variance regarding their signage
on Lot 69, Block 2, Benchmark At Beaver Creek Subdivision.
Jim Curnutte, Town Planner stated that Domino's Pizza was represented
by Mike Trujillo and Author Cole. Mr. Curnutte stated that on December
18, 1991, the Planning and Zoning Commission reviewed and denied
Domino's Pizza sign variance request. He stated that Mr. Trujillow
representing Domino's, requested the variance in order to allow for the
installation of a sign which was in conformance with the approved
sign program for Lot 69, Block 2 of Benchmark Subdivision. He stated
that the proposed sign differed from the approved sign program in type,
size, style, materials and color. He stated that in Commission found
that the strict compliance with the sign program would not result in
a practical difficulty or unnecessary physical hardship inconsistent
with the objective of the Code.
Mr. Cole then reviewed other signs in the Town that showed specific
logos for that business.
Discussion followed.
Councilman Ptach stated that while viewing the video he noticed that the
signs on other buildings were back lighting which were common throughout
the Town, and on this particular building the common.lighting theme
was front lighting. He stated in order to save the unity of that theme,
he would like to see the front lighting and that the little bit of red
was not offensive nor was it necessarily out of place.
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The Mayor stated that he did set on the Planning and Zoning Commission
when the sign code was put into action. It was put.into action
specifically because of the problem of the variety of signs that were=
being placed on each building. It was an'attempt to allow the owner of
the building to put something on the building that would fit into the
design of that certain building. He stated that he would support
this sign with some kind of fogo combination and also would support
the blue letters.
Councilman Ptach moved to uphold the Planning and Zoning Commission's
decision, that the applicant work with the staff under their guidance
allowing the logo and the front lighting sign, and to waive the
application fee of $25.00, and hopefully come to a successful conclusion.
The motion was seconded by Councilman Reynolds and was unanimously
carried.
Be it.noted that Greg Kraft had cancelled from the agenda. Mr. Kraft
was appealing the Planning and Zoning Commission's decision of denial
of fractionalization for Lot 18, Block 1, Wildridge Subdivision.
Next on the agenda was the Avon/Beaver Creek Resort Association. They
were before the Council with their Special Event Detailed list, Special;.
Event Itinerary, the Agreement between the Town of Avon and the Resort
Association, and their Budget (See attached to these minutes).:
Jo-An Barnett Executive Director for the Resort Association, reviewed
the packet with the Council. It was the consensus of the Council that
it would be their decision for the 4th of July Celebration.
The Mayor stated that he appreciated the Resort Association coming,
before the Town Council with their detailed Events and Budget. He
.stated that in respect to the Mayor's Cup, he suggested to include
various other groups,'such as, Mayors from other towns, other Council
Members and County Commissioners.
It was suggested that because the Council was just handed the Agreement,
that they have the Town Attorney review the Agreement and that it,be
approved and executed at the February 12th.Council Meeting.
Rick MacCutcheon stated that the Resort would need some funds from the
Town in February.
Councilwoman McRory asked if the Town could give them some interim
financing until the Agreement was executed.
The Town Manager stated that if they needed $50,000 before the next
Council Meeting that he did not have a•problem with that.
The Council agreed.
Next on the agenda was the Change Order #2 to contract with B & B
Excavating, Inc. for Avon Road Separated Grade Crossing 1990 Utility
Relocation.
Norm-Wood stated that change order #2 adjusted quantities to conform with
quantities of work performed, additional work required but not included
in the contract and adjustment of contract time due to delays in
obtaining access to necessary easements and right-of-ways. He stated
that the change order #2 included a summary of quantity changes,
.description of additional work items not included in the contract and
extension of contract time from November 30, 1990 to December 15, 1990.
(See Change Order #2 attached to these minutes).
Mr. Wood recommended approval of Change Order #2 in the amount of
$16,234.58. The total contract was now $760,363.03. He stated that
the original contract price was in the amount of $660,933.50.
Councilwoman McRory stated that they have a change
The original completion date was November 30, 1990
$1,000 a day penalty if they went over that date.
basically they owe the Town $15,000. Councilwoman
that the Town substract $15,000 of the adjustment,
owing would be $1,234.58.
Councilman Reynolds agreed.
of contract time.
and there was a
She stated that
McRory recommended
and the balance
The Mayor asked that the discrepancy be discussed one more time as to
why the contract was being extended two more weeks..
Kay Ferrin, representing Centennial Engineering, Inc. approached the
Council.. Mr. Ferrin stated that the original schedule for completion
of the.work as based on availability of construction easements and
right=of ways on the Avon Station property on October 10, 1990.
Acquisition of right-of-entry on this property was dealyed by court
action such that the contractor was not able to start construction
of the deep sanitary sewer work until November 5, 1990. Subsequently,
the contractor prosecuted the work as expeditiously as construction
conditions would allow, and substantially completed the work of the
contract on December 15, 1990. The delay of 15 calendar days in
completion of construction work was directly attributable to the delay
of 26 calendar days in availability of right-of-way for the sanitary sewer,
Councilman Reynolds stated that he was informed that the reason for the
delay was that they had to bore through, instead of what the original
plan was, but nothing was said about a 26-day delay.
Discussion followed of whether or not the contractor was notified
of when they could go on the Avon Station-property.
Councilman Stovall stated that if the Company was performing up to par,
for the Town, he was having a problem seeing it. It seemed like there
were re-occuring problems upon problems. He stated that it did look
like the contractor did an increase'of quantity of work for $16,000
plus dollars. He stated to that degree, they should be paid, even
though he was not happy with it.
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Mr. Ferrin stated that early in the project, Centennial recommended
that the-project be a project that should be done in 1991 and 1992,
because of the difficulties of doing this kind of work with the short
time schedule such as preparing the drawings, a complete job of field
work, coordination of all the utilities involved to complete the
project, and put together a complete set of drawings for the work.
He stated that they excellerated b9th the design aspect and the
contruction phase of the project, but also, keep in mind, the time of
year that the contractor had to work. He stated that under some
difficult conditions, the project, at the present time, was on schedule.
Councilman Ptach moved approval of Change Order #2 of the Avon
Road Separated Grade Crossing as presented. The motion was seconded
by Councilman Stovall. The motion carried with Councilmembers McRory
and Reynolds opposing.
Next on the agenda was the Housing Study which was prepared
by Rosall, Remmen and Cares, Inc.
Bill James stated that at an earlier work shop, Rosall outlined a plan
to conduct a Housing Study for the Town of Avon. He stated that he
had reviewed the contract and that Rosall, Remmen and Cares were ready
to do the Study for Avon in the amount of $16,500.
Councilman Bennett wanted to know what the Study would prove and give
to the Town. He stated that obviously the Council knew there was a
shortage of housing, and that there had been a county-wide study done.
Councilman Bennett was concerned of what information Rosall, Remmen
and Cares could give the Town for $16,500 that had not already been
given through other studies.
Councilman Ptach stated that in the contract there were items that were
discussed at the work shop that Council would like to see Rosall,
Remmen and Cares accompish in this Stidy (See attached to these minutes).
The Mayor felt that there was a need for the Study. He stated that Avon
was in the housing business and if Avon was putting up housing, then
Avon better know how to do it. He felt it was money well spent.
Councilman Stovall moved to direct the Town Manager to execute the
contract between the Town of Avon and Rosall, Remmen and Cares, Inc.
for the Housing Study in the amount of $16,500. The motion was seconded
by Councilman Reynolds. The motion carried with Councilmembers Bennett
and McRory opposing.
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Councilman Stovall moved approval of the Agreement between the Town
of Avon and EDAW, Inc. to provide professional planning and design
services for Streescape Improvements for the Town of Avon. The motion
was seconded by Councilman Ptach and was unanimously carried.
The Financial Matters were next presented to the Council.
Bill James stated that there would be a change in Daniel Muse's
billing. He requested that the billing be deleted by $2,083.87.
the total amount for legal services would be $7,927.23.
The Council agreed.
Councilman Ptach moved to receive items #1 and #2 and amend item
#3 as presented. The motion was seconded by Councilwoman McRory and
was unanimously carried.
Councilman Ptach moved approval of the General Fund of Accounts Payable
for January 22, 1991. The motion was seconded by Councilwoman McRory
and was unanimously carried.
Councilman Ptach moved approval of the Reconcilation Sheet of Accounts
Payable for January 22, 1991. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilwoman McRory moved approval of the January 8, 1991 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Stovall and was unanimously carried.
Under other business:
Mayor Davis noted that as of June 30, 1991, that Western Telecommunication,
(TCI), which was owned by Heritage Cable Company would discontinue
service of the Microwave routes flying Denver Channels to the western
slope.
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Bill James stated that as of February 1, 1991, the Town would have an
answering service program so if any of the Council needed to reach a
Department Head or the Town Manager, they could do so by dialing 949-
4280 and the answering service would do the paging. Also, this would
allow a minimal time in case of any kind of emergencies that may arise.
Bill James reported on the Conflucence at Beaver Creek. He stated that
under the original agreement one of the items in the agreement was to
negotiate maintenance of the road at that location.-He stated that
rather than the Town maintaining the road, he requested that the Town
give them $12,500 for five years so they could maintain the road them-
selves.
It was the consensus of the Council to proceed in that fashion.
There being no further business to come before the Council, Councilman
Reynolds moved to adjourn. The motion was seconded by Councilman
Stovall. The meeting was adjourned by Mayor Davis at 10:10 p.m.
APPROVED:
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