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TC Minutes 04-27-1993~J 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 27, 1993 - 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 Albert J. Reynolds at 7:38PM. A roll call was taken with Councilors John Hazard, Tom Hines, and Jim Roof present. Councilor Celeste C. Nottingham arrived at 7:40PM. Councilor Jerry Davis arrived at 7:42PM. Councilor Jack Fawcett was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Municipal Services Larry Brooks, Director of Community Development Rick Pylman, Planner Tom Allender, Police Chief Art Dalton, Fire Marshall Carol Gill-Mulson, Town Clerk Patty Neyhart, as well as members of the press and public. There being no one wishing to speak under Citizen Input, Mayor Reynolds continued with the agenda. Resolution No. 93-22, Series of 1993, A RESOLUTION TO AMEND THE 1993 BUDGET Mr. James informed this Resolution changes the 1993 budget. The General Fund change is $1,600 for the ABCRA information signs. The Public Works Fund changes are $37,000 for the Pocket Park in Wildridge (originally to cost $50,000 and now at $87,000); $300,000 for the Nottingham/Metcalf Road Overlay and $175,000 for the Public Works Facility, both relating to the Mountain Star project. Councilor Hines questioned money relating to Mountain Star. Mr. James informed Mountain Star will give the Town checks for both of the projects prior to the start of construction. If the projects come in under budget, the Town will refund to Mountain Star. Councilor Hazard motioned to approve Resolution No. 93-22, Series of 1993. Councilor Nottingham seconded the motion and the motion carried unanimously. Resolution No. 93-20, Series of 1993, A RESOLUTION APPROVING THE SECOND SUPPLEMENTAL PLAT AND CONDOMINIUM MAP BRIDGEWATER TERRACE CONDOMINIUM, BUILDING D, A RESUBDIVISION OF LOT 8, BLOCK 3, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, COUNTY OF EAGLE, COLORADO Mr. Rick Pylman informed this is a condominium plat, for Bridgewater Terrace Condominiums, that Tony Siebert constructed near Sunridge and the Eagle River. This two unit building is the last building of a total of four buildings. Approval of this Resolution will create separate condominium units. The plat and Resolution is in order and Staff recommends approval. • Councilor Nottingham motioned to Series of 1993. Councilor Roof carried unanimously. 0 approve Resolution No. 93-20, seconded the motion and the motion Resolution No. 93-21, Series of 1993, A RESOLUTION APPROVING A FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR MOUNTAIN STAR, A RESUBDIVISION OF REPLAT NUMBER 1 OF THE FINAL SUBDIVISION PLAT, WILDWOOD SECTION 36, TOWNSHIP 4 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY, COLORADO Mr. Pylman informed this is the final step in the approval process for Mountain Star Subdivision. This Resolution will approve the Final Plat and the Subdivision Improvements Agreement. Final plat was displayed on the wall for viewing. Mr. Pylman gave synopsis, of information included in Council's packet, of the following; Resolution No. 93-21, the Subdivision Improvements Agreement with exhibits of estimated cost of all improvements, listing of the lots, Buck Creek Road cost, retainer of money to guaranty.completion of improvements, and the Intermountain Engineering estimated costs for the road overlay. The collateral for the agreement includes a promissory note and deed of trust. Following the deed of trust is the subordination agreement. Also included is a Colorado Deed of Trust, loan documents from National Fidelity Life Insurance Company and finally a release of deed of trust from the Town of Avon to Section 36, Inc. Councilor Nottingham questioned the drafts, attached to the Resolution, lacking signatures. Attorney John Dunn mentioned the Resolution will authorize the execution of the documents. Mr. Pylman stated there are two conditions on the Resolution; first one is Town Attorney review of executed plat and related documents prior to recording of Final Plat. Thus, these documents are for Council's review. If they are approved, everything will be signed and reviewed by John before the plat is recorded. Councilor Nottingham informed of her conflict of interest, for being named on some of the documents. Councilor Nottingham added she would not be voting on this Resolution. Councilor Hazard motioned approval of Resolution No. 93-21, series of 1993. Councilor Roof seconded the motion. With Councilor Nottingham abstaining, the motion carried unanimously. Resolution No. 93-18, Series of 1993, A RESOLUTION EXPRESSING APPRECIATION OF JERRY DAVIS Mayor Reynolds read Resolution No. 93-18 in its entirety. Councilor Hines motioned approval of Resolution No. 93-18, Series of 1993. The motion was seconded by Councilor Roof and carried unanimously. First item under Unfinished Business was Vacate Easement / Kedrowski. Mr. Pylman informed that Wildridge Subdivision Acres, Lot 4 experienced a resale; sold by the original purchasers. -2- • • The second owner, living there presently, did an improvement location certificate for their lender. The surveyor came up with a 6' to 7' encroachment of the garage into the front setback and the utility easement. The Town had asked for an improvement location certificate when the house was being built, as it was very close to the line. This previous certificate showed it did not encroach in an easement. There are two different surveys on the lot showing two different locations for the home. Everyone is acting on and assuming the second survey is correct. The house has received a variance from P & Z for the setback encroachment. The owners are now seeking quit claim deeds from the various utilities for the portion of utility easement occupied by the house. The easement is dedicated as a utility and drainage easement. The Town is being asked to quit claim a portion of the easement that the house sits on because technically as a public entity, we are responsible for the drainage portion of the easement. Councilor Nottingham motioned to approved and sign the quit claim deed for Lot 4, Wildridge Acres. Councilor Hines seconded the motion and the motion carried unanimously. Next item under Unfinished Business was the Allen Abandoned Building. Mr. Bill James informed that Mr. Allen, owner of Lot 41, Block 4, Wildridge has requested an extension of time; from May 1st to June 1st to show substantial progress. Mr. Allen has no problem with the completion date of August 1, 1993. Council discussed extending with conditions. And, the consensus of Council was this is to be the last extension. Councilor Davis motioned to extend the substantial completion date for another thirty days. Councilor Hines seconded the motion. Councilor Nottingham requested clarification of thirty days; from May 1st to June 1st. Mayor Reynolds confirmed motion, to extend to June 1st. Mayor Reynolds added the completion date of August 1st remains. Motion carried with Councilors Hazard and Nottingham opposed. Next item under Unfinished Business was the Nottingham, Metcalf, and Wildwood Road Overlay. Mr. James stated four bids have been received for the overlay of Nottingham, Metcalf and West Wildwood Roads. B & B Excavating, Inc. was the lowest bid of $235,155. With the addition of design, testing, & construction management ($18,040) and contingency ($37,979), the total estimated project is $291,174 and within the the commitment of up to $300,000. Council is requested to authorize the award of the contract to B & B Excavating, Inc., subject to payment from Mountain Star Limited Liability Company in accordance with the Subdivision Improvement Agreement. -3- 0 • Councilor Hines moved to authorize the award of the contract to B & B Excavating for the asphalt overlay on Nottingham, Metcalf, and West Wildwood Roads in the amount of $235,155. Motion was seconded by Councilor Hazard and the motion carried unanimously. First item under New Business was a discussion on the Roads in Wildridge. Mr. Larry Brooks reminded that in past years the Wildridge Roads have been maintained by a chip and seal program amounting to approximately $35,000. An analysis of the roads in Wildridge this year shows the chip and seal program is no longer adequate, mainly due to the age of the roads. Fox Lane is one road that needs immediate repair. Mr. Brooks is requesting approval of $20,000 to patch, level and overlay Fox Lane. Mr. Brooks forewarned that more roads in Wildridge will need extensive repair in the near future. Councilor Hines motioned to authorize an apportionment of $20,000 from the budget to public works fund. Councilor Roof seconded the motion and the motion carried unanimously. Next item under New Business was the Swift Gulch Grading Request. Mr. Pylman stated that Mountain Star Limited Liability Company, the developers of Mountain Star Subdivision would like to take fill, 90,000 cubic yards, from Swift Gulch to aid in the construction of Buck Creek Road. This project being a grading and excavation project was viewed as a design review issue which the Planning & Zoning Commission approved. Because of the extent of the project, the P & Z Commission requested Council approval as well. The proposal describes the request in detail, including water runoff control, dust control and the regrading and revegetation plan. The beginning of Buck Creek Road was a borrow project from Swift Gulch; this is a large scale continuation. Staff recommends approval. Councilor Hines questioned how much fill; how many truck loads, how much of the knobs will be removed. The knobs will be contoured to a 2 to 1 slope. 90,000 cubic yards equal 9,000 truck loads. Discussions centered on revegetation and the area not becoming a dust bowl. Councilor Nottingham motioned to approve the request to utilize fill from Swift Gulch. Councilor Hazard seconded the motion. Councilor Davis questioned Councilor Nottingham's involvement with the area. Councilor Nottingham stated she has not been involved with Swift Gulch for over two years. The motion carried unanimously. -4- C Next item on the Agenda was the Mayor's Report. Mayor Reynolds announced that Councilor Hines has replaced Councilor Davis on the Vail Valley Marketing Board and Councilor Roof has replaced'Councilor Davis on the-Transportation Task Force. Councilor Hazard stated he was the alternate and has now replaced Councilor Davis as a member of the Board. Councilor Hines volunteered to be the alternate to the Vail'Valley Marketing Board. First item under Other Business was an update on CMC. Councilor Nottingham informed that she and Councilor Hazard attended the CMC. 25th Anniversary Celebration as members of their Advisory Board. Councilor Nottingham mentioned the new program that CMC is initiating; "ECEL" Eagle.County Education Linkage; creating a user friendly education system. Other topics mentioned were shared, facilities, Cascade Village facility will be reviewed for possible relocation, conversion of Battle Mountain High School into-a Middle School and utilizing Berrycreek for a cooperative.High School / CMC facility. Councilor Davis cautioned decision making mode relating to Berrycreek 5th and reminded that this property was sold to the various entities as open space and recreation. Councilor Nottingham informed she attended the Eagle County School Board meeting and presented the Town of Avon's letter to the School Board. The School Board will take into consideration the master plan request. Councilor Nottingham informed that the School Board is recommending Wildridge children attend Red Sandstone and the rest of Avon children attend Meadow Mountain. Albert Reynolds, Jr. commented that the Town of Avon needs representation on the School Board. The Town of Avon does not have a.school and.does not have a member on the Board. Mr. Reynolds added that by the time his child enters sixth grade he will have attended-five schools. Resolution-No. 93-19, Series of 1993, A RESOLUTION APPROVING AVON'S PARTICIPATION IN A-REGIONAL PLANNING COMMISSION FOR THE - PURPOSE OF TRANSPORTATION PLANNING. Mr. Larry Brooks requested to table this Resolution. Mr. Brooks has received new information which modifies the language. Mr. Brooks stated this Resolution will be presented.at next Council meeting. Next item under Other Business was,the approval to pay $10,000 for Bobfest to Vertical Marketing. Mr. James noted Vertical Marketing reconciled the ski train expense and reimbursed-the remaining balance to tha"Town,.meeting the Town's request. -5- i ~ Councilor Davis said, "I would suggest that you ask them before you cut the check.but ask them to submit a budget". Council's consensus was agreement. Mayor Reynolds-asked for a motion. Councilor Davis said, "I'll move that-as a motion". -Councilor Roof seconded the motion and the motion carried unanimously. The Financial Matters were next presented to Council. Councilor Hines motioned to receive items #1 through-#4 and approve items #5 through #6. The motion was seconded by Councilor Roof and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor,Roof requested an amendment to the Minutes. Councilor Roof noted he was opposed to the authorization of $1,600 towards the ABCRA information signs. Councilor Hines motioned approval of the April 13, 1993 Regular oof's amendment. The Council Meeting minutes with Councilor Roof's-amendment.' motion was seconded by Councilor Nottingham and the motion carried unanimously. There being no,further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor-Hines moved to adjourn. The motion was seconded by Councilor Nottingham. -The meeting was adjourned-by Mayor Reynolds at 9:.02pm. RESPECTFULLY SUBMITTED: Patty Ney rt, own Clerk 7 -6-