TC Minutes 06-23-1992A 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JUNE 23, 1992 - 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 Jerry Davis at 7:31p.m.'
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds 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 Development
Rick Pylman, Planner.Jim Curnutte; Police°Chief Art Dalton, Fire
Chief Charlie Moore, Recreation.Superintendent Meryl Jacobs,
Public . Relations 'Officer Teresa 'Albertson; Town-Clerk Patty
Neyhart, as well as members of the press and public.-
There being no one wishing to come before Council under Citizen
Input, Mayor Davis proceeded with the scheduled Agenda.
Resolution No. 92-21, Series of 1992, A RESOLUTION OPPOSING A
STATEWIDE INITIATIVE TO RAISE THE COLORADO'SALES TAX FROM 3% TO 41%
Mr. Bill James informed the Town of Vail requested the Avon Town
Council to'consider-passing a Resolution opposing the increased
sales tax proposal of 3% to 4%. The 1% increase would be used to
help finance the anticipated deficit at the State level for
education. This Resolution is included in Council's packet for
discussion.
Mayor Davis opened the meeting for Council discussion.
Councilor Nottingham stated that as a Colorado licensed teacher,
she is looking at this initiative closely. Councilor Nottingham
informed that'99% of our school district budget is from local
taxes and 1% from federal. If thi's sales tax increase. is not
passed, the effect.on us will be reducing the Eagle County school
district budget by 12%,; cutting it $1.7 million. Councilor
Nottingham questioned the effects of this and is not prepared to
vote on this Resolution at this point.
Councilor Pysher voiced his opposition of raising taxes from 3% to
4%.
Mayor Davis questioned buying into the threat or do we bite the
bullet and make them tow the line; this starts to put a cap on
sales tax. Mayor Davis added that if we are-to pass-this
Resolution, something should be stated about repealing the School
Finance Act.
Councilor Hazard requested more information; both sides of the
issue.
Councilor Hines',requested more information before voting on this
issue. Councilor Hines echoed Mayor Davis's suggestion-of
repealing the School Finance Act should this Resolution pass.
Councilor Pysher mentioned this proposal would generate $3.8
million from, Eagle County but the Eagle County district budget
would not increase above its current level. Councilor Pysher
questioned if-we are paying and not receiving.
Councilor Nottingham responded if we go along and-raise 1% sales
tax and send it to the state, we will not get any of this money in
our pocket. However, if we do not pass this, the Eagle County
school district budget will be cut by 12% or $1.7 million.
Councilor Nottingham questioned if we have to cut $1.7 million
from the school district budget, how will that effect the school
children; what are the ramifications.
Mayor Davis stated more work needs to be done on this Resolution
and suggested adding to the Resolution a repeal of the School
Finance Act. Mayor Davis questioned what amount of the 994 local
collections of.the Eagle County budget goes to the State.
Councilor Hazard requested comments from the public and questioned
what-are the peoples' views.
Council's consensus was to seek-further information on this
initiative; seek alternate solutions; and noted possible repeal of
the School Finance Act. Council to do research and discuss
further at next,worksession.
Next was Unfinished Business.
The Avon Road/Landscaping Bids were presented by Mr. Bill James.
Mr. James noted bids were received at 4:00pm last Friday and-
amounted to $1,061,245.92. Mr. James reminded that the Town of
Avon will be the General Contractor and-Intermountain Engineering
has been hired to provide a construction Manager to'save more
dollars." Mr. James walked through the revised project on the
displayed wall map. Mr. James- outlined three options of
improvements versus dollar amounts. In alternate motion #2;
alternate lights have been recommended saving approximately $1,000
per light. Total, including lights, would be $1,259,515.42:
Total budget is $1,151,454.00 and $108,061.42 would come from the
Public Works Fund Balance. This plan does not allow for any.
contingency., Alternate motion #1 does include the electrical work
for the lights but does not include the lights.
With no further discussion, mayor Davis called for a motion.
Councilor Pysher motioned to accept motion #2 on the recommended
action. Councilor Reynolds seconded the motion.
Mr. James noted that if Council wants to accept motion #2,
Council first needs to move to award the bids and then motion the
alternate motion #2.
Councilor Pysher withdrew his prior motion. Councilor Reynolds
removed his second on the prior motion.
Mayor Davis called for-a motion.
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Councilor Pysher motioned to accept the bids for
the Avon
Streetscape project to:
Schedule A Roadwork to B & B Excavating, Inc.
$ 520
000.00
Schedule B Landscaping North of Beaver Creek
,
Blvd. to SaBells
132,560.59
Schedule C Landscaping South of Beaver Creek
Blvd. to SaBells
203,010.33
Schedule D Signage to Communication Industries
35,340.00
Schedule E Architectural Concrete to SaBells
115,035.00
Schedule F Electrical Service to B & B
Excavating, Inc.
51,700.00
Logo Wall Signs
3.600.00
for a Total Base Project of
$1,061
245.92
with the addition to increase Schedule F (electri
,
cal) from $51
700
to $174,817 and delete $8,487.50 from Schedule A
,
and purchase 68
light fixtures from M/H Lighting Associates, Inc.
in the amount
of $83,640 for a revised cost of $1,259,515.42.
Councilor
Reynolds seconded the motion.
Mr. James mentioned that if Council does not objects the Town
would purchase additional lights for First Bank, Christie Lodge,
and Sunroad and be reimbursed. Mr. Jim Wear, representing
Sunroad Corporation, stated consideration of the spacing of the
lights would be appreciated. Mr. Wear added that a low unit
price offered from the Town's purchasing power would also be
appreciated. Council had no objections to purchasing additional
lights and being reimbursed for them.
With no further discussion, Mayor Davis called the vote. The
motion passed with Councilor Hines opposing.
Construction is estimated to be completed October 31st.
Next was New Business.
First item under New Business was Sunridge at Avon, Phase I Appeal
of Planning & Zoning Commission decision of April 7, 1992.
Mayor Davis read a letter dated June 23rd from Mr. James Stovall,
representing Sunridge Homeowners Association, requesting
withdrawal of the appeal and extension from October 1st through
the Spring of 1993 to secure financing to complete the painting of
the breezeways.
Mayor Davis was interrupted by Ms. Patricia Risch requesting that
the letter be withheld. Mayor Davis requested Staff comments
prior to Ms. Risch's presentation.
Mr. Jim Curnutte confirmed receipt of Mr. Stovall's letter,
however since there are Sunridge homeowners present tonight, this
will not be tabled and will be discussed this evening. Mr.
Curnutte directed Council's attention to a memo, included in their
packet, dated May 21, 1992 from Mr. Curnutte to Mr. James
summarizing the events leading up to this appeal. This process
has taken a year and a couple of days with the Planning and Zoning
Commission stating all along that the breezeways should be
painted.
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Ms. Patricia Risch, representing the Board (Sunridge Homeowner's
Association) and also the people living in the units, presented
pictures of the buildings as they are now; without the breezeways
painted. Ms. Risch noted that she was unaware that approval was
needed prior to painting the buildings. And, they did not budget
for painting of the breezeways and chose an exterior color that
they felt would blend with the breezeways. Estimated cost to
paint the breezeways is $35,000 and the exterior painting is
$65,000. Ms. Risch informed that a painter has suggested an
alternative, to painting the breezeways, of oiling the wood. Ms.
Risch added that the painter mentioned, if the breezeways are
painted, they could become an annual maintenance expenditure as
opposed to the oiling. Ms. Risch requested Council to overturn
the Planning and Zoning Commission's decision to paint the
breezeways.
Councilor Hines questioned the labor of painting versus oiling.
Ms. Risch responded that the painter has informed the oiling will
last longer than the paint and less maintenance will be required.
Councilor Pysher questioned length of process; over one year. Ms.
Risch answered that she was not aware until their (Sunridge's)
December Homeowners' Meeting. Councilor Pysher noted a
representative did appear before the Planning and Zoning
commission prior to the December Homeowner's meeting.
Councilor Nottingham questioned number of units and number of
buildings. Ms. Risch responded 5 buildings with 165 units.
Councilor Hines questioned cost of oiling versus cost of painting.
Ms. Risch answered no bids have been secured-for oiling.
Councilor Nottingham informed that each unit would be assessed
approximately $211.00. Ms. Risch informed they have already
increased their costs by $25.00 monthly to cover the cost of a new
roof and asphalt.
Mayor Davis questioned current average rent. Ms. Risch estimated
$650.00 on a year-round basis; most are long term as opposed to
short term. Assessment is $125.00 and Ms. Risch is committed to
returning that assessment to $100.00.
Mayor Davis summarized that the Council's job is to decide whether
or not Sunridge was given a fair hearing and whether or not the
Planning and Zoning Commission/Design Review Board acted in good
faith in doing what they did and whether or not this is something
that is important in our community that Council needs to either
support or overturn the Planning and Zoning Commission/Design
Review Board decision.
Ms. Risch noted that personally she would not have approved the
painting if she knew the breezeways needed to be painted along
with the exterior.
Mayor Davis added that Council's job is not necessarily to deal
with Sunridge's financial issue as much as it is to deal with the
issue of what has occurred and what is promised and what needs to
occur in the future.
Ms. Risch requested Council to overturn the former ruling that
the Board (Sunridge) was unaware of.
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Councilor Pysher noted that if Sunridge feels strongly about
staining the breezeway, they may wish to go before the Planning
and Zoning Commission for an amendment; instead of painting;
staining. Ms. Risch mentioned that if Council overturns the
Planning and Zoning Commission decision they would not have to go
back to the Planning and Zoning Commission. Should Council uphold
the decision, Ms.' Risch added she may,pursue this.
With no further discussion, Mayor Davis called for a motion.
Councilor Pysher motioned to uphold the decision of the Planning
and Zoning Commission. Councilor Nottingham seconded the motion
and the motion carried unanimously.
Mayor.Davis added that if there is an economic issue at hand, Ms.
Ri:sch,may wish to go to the Planning and Zoning Commission and
request an extension and/or staining as opposed to the painting.
Next item under New Business was Abandonment of Property/Lot 41,
Block 4, Wildridge.
Mr. Rick Pylman presented recent pictures of the property. Mr.
Pylman informed a building permit was issued on June 14, 1990 for
a single family house in Wildridge. Mr. Pylman added that some
complaints have been received about the structure from Wildridge
residents. Mr. Pylman stated that in March a letter of concern
was sent to the property owner. This letter referenced, that due
to a lack of activity and progress, the permit had expired and
requested the owner to contact the Town to discuss a completion
date of the project. With lack of response from the owner, the
'project was declared abandoned on June 10, 1992, allowing the
property owner 60 days to abate the nuisance or tear it down.
Today, a letter was received from the property owner requesting to
renew the building permit with a two year completion date since
the property owner can not meet the 10% in 60 days rule. Included
with this letter was a building permit application and a check in
the amount of the original building permit fee. Mr. Pylman
questioned whether this is sufficient response for Council and
should the building permit be issued with the conditions. Mr.
Pylman noted that the last time any work was done was August /
September, 1991
Councilor Nottingham questioned if the permit is not renewed what
choices does the property owner have. Mr. Pylman answered the
property owner may wish to give Council more detail with regards
to a completion schedule or tear the property down.
Councilor Hazard questioned who is the contractor. Mr. Pylman
responded the owner is the builder; a New Jersey resident that
comes out a few weeks at a time; building it himself from a
distance.
Mayor Davis suggested, notification by certified mail, informing
the property owner this'is not an.adequate response to the
situation and that two years is not acceptable. The Town could
issue a permit that the building would be completed in this
building season.
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Councilor Gersbach-questioned the 10% in 60 days reference. Mr.
Pylman informed this relates to the Municipal Code requiring
construction projects to show a 10% rate of completion every 60
days.- If a project does not meet this, a project can be declared
abandoned.
Councilor-Reynolds noted this project is far beyond an abandoned
building; it is a public nuisance with animals living in it.
Council's consensus was to communicate to the'propertx owner that
this offer is unacceptable and to further negotiate with the-
owner's response required within 30 days. Mr.- Pylman will follow
up on this.
Next was the Town Attorney Report.
Attorney Dunn had nothing to report.
Next was the Mayor Report.
Mayor Davis mentioned that the Town is.saving money on the
playground thanks to Larry Brooks.
Mayor Davis reminded of the Council Breakfast from 8-10am in the
Council Chambers on Wednesday, June 24, 1992 to discuss the
streetscape.
Mayor Davis mentioned a letter received from Benchmark Village
Mobile Home Park sent to Heritage Cablevision regarding cable
television. This letter will be filed as Council will be speaking
with Heritage in the future.
Mayor Davis questioned if Council wished to incorporate a Code of
•Ethics. The consensus of Council, was .to pursue -a Code of Ethics.
Mayor Davis'expressed'hisappreciation to.all-Councilmembers who.
attended the Colorado Municipal--League Conference.
Mayor Davis reported that at the CAST Meeting held during the,
Colorado Municipal League Conference on Thursday, June 18, 1992,
the Legislative-Tour in Avon and Beaver Creek in 1993 was
discussed. Mayor Davis informed Council the CAST Board approved
Avon and.Beaver•,Creek as.the site for-•1993.
Next was Other Business.
Councilor Nottingham informed the Colorado Municipal League is
offering one day budget seminars.
Councilor Nottingham requested a continuation of the Public Works
Tours.
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Councilor Hazard commented he and Council Nottingham attended the
quasi-judicial session at the Colorado Municipal League
Conference. Councilor Hazard noted that basically each
quasi-judicial act needs to be considered individually. Councilor
Nottingham added that each decision made falls into two major
categories; legislative which includes an entire group and
quasi-judicial which includes a specific group. Or, there may be
decisions that may fall into neither category. The second
category was the appearance of impropriety which is when one could
speak or not speak and when one could step down from the Council.
Or, if a Councilmember has received other input on the subject
they must say so to the Council prior to voting on the subject, so
they do not show partiality toward a subject matter.
Councilor Hines mentioned that a Regional Meeting with a
facilitator was held on Monday, June 22, 1992, which included the
Towns of Avon, Vail, Eagle, Red Cliff and Basalt, and the'Eagle
County Commissioners to discuss common goals and how the entire
community could.work together to accomplish these goals.
Councilor Hines added this was a very positive meeting..
Councilor Gersbach reported on the Eagle County Regional Park
Facilities And Activities Study dated March 31, 1992 prepared by
Peter Jamar and Associates who was retained by the Eagle County
Recreation Authority to initiate a public planning process to
solicit public input for the purpose of updating the master plan
for the 105 acre parcel of land owned by the Eagle County
Recreation Authority, known as the Berry Creek Fifth Filing
located in Edwards, Colorado. Seven public meetings were held to
update-the status of the land; to explain the current planning
process; and to solicit public opinion. The result of the survey
recommended the Colorado department of Highways upgrade the access
to the property. The first phase of the park facilities should
include an equestrian center, picnic area, fishing access, and
softball fields. People may use the are during the initial phase
for walking, picnicking, and informal games. Also the survey
revealed people were split on a middle school going onto the site,
but were unsupportive of the concept of affordable housing. Both
projects could be accommodated on the site and still leave plenty
of'area for recreational activities. Councilor Gersbach stated
the equestrian center is now being run on a monthly basis with a
formal long term arrangement being negotiated. A decision has not
been made as to the final plans of the property.
Mr. James reported on Greg Kraft's property. Mr. Kraft has made
another offer to the Town to sell the property. It cost the Town
approximately $10,000 to remove the foundation and return the
property to it's natural state. A lien was placed against the
property for $10,000 and a receivable was noted for the Town. Mr.
Kraft would like to clear this matter up and has offered $7,000
cash and asked the Town to credit the $2,000 he had given the
Town. The Town has no record of receiving the $2,000. With the
$2,000 credit, this would bring the property down to a cash
settlement of $5,000. If this plan is accepted, the Town would
need to write off the other $5,000 to an expenditure. Mr. Kraft
is trying to clear this matter, as there is an interest buyer
trying to purchase the property.
Mayor Davis suggested a counter offer of a write off of $2,000 and
asking for $8,000 cash.
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Councilor Nottingham added that Council should not accept the
first offer.
Councilor Reynolds agreed with Councilor Nottingham and added this
issue -has been going on for so long that an agreement should be
reached since Mr. Kraft is trying to.sell it.
Mr. James mentioned there are possible back taxes owed.
Councilor Pysher noted consideration should be made concerning the
unstable ground that may not be adequate to build on.
Councilor Reynolds mentioned that Mr. Kraft doesn't own the
property. Mr. James responded that Mr. Kraft is acting on
behalf'of his mother who owns the property.
Council directed Mr. James to offer Mr. Kraft $8,000.
The Financial Matters were next presented to Council.
Councilor Reynolds moved to receive items #1 thru #3 and approve
items #4-.thru #9. -The motion was seconded by Councilor Ger"sbach
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Reynolds moved approval of the June 9th Regular Council
Meeting minutes. The motion was seconded by Councilor Nottingham
and the motion carried unanimously.
There being.no•further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Reynolds. The
meeting was adjourned by Mayor Davis at 9:25pm.
RESPECTFULLY SUBMITTED:
Patty-'N" hart own Clerk
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