TC Minutes 07-13-19930 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 13, 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
7:33PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy
Yoder present. Also present were Town Attorney John Dunn, Town
Manager Bill James, Engineer Norm Wood, Director of Municipal
Services Larry Brooks, Superintendent of Recreation Meryl Jacobs,
Police Chief Art Dalton, Fire Chief Charlie Moore, Town Clerk
Patty Neyhart, as well as members of the press and public.
First item under Citizen Input was a Water Park Discussion.
Ms. Toni Cacioppo presented a letter to Council and read its
entirety; Ms. Cacioppo requested a water park closer than
Breckenridge or Glenwood Springs.
Mayor Reynolds informed that the Avon Council is working on
getting an aquatic/community center in the near future.
Mr. Michael Cacioppo added that as long as this project does not
increase taxes, he is in support of it.
Next item under Citizen Input was the 1993 Miss Teen All American
Donation Request.
Ms. Erin MacGregor requested a sponsorship donation. Total
amount needed is $600.00. Ms. MacGregor has received $300 from
East/West Hospitality Corporation and requested any amount from
the Town of Avon.
Mr. Jan Strauch, Vail Valley Rotary, invited Ms. MacGregor to
attend the Rotary meeting tomorrow and informed the Rotary will be
able to help financially.
Mr. Jim McVey, McInerney-McVey Realtor, offered Ms. MacGregor
$150.00.
Councilor Fawcett motioned to contribute $100.00 for sponsorship
of Ms. Erin MacGregor. Councilor Fawcett amended his motion to
$150.00. The motion was seconded by Councilor Nottingham.
Councilor Roof reminded Council about the request from Ms.
Rasmussen regarding her Costa Rica trip. Councilor Yoder felt
this to be a more appropriate donation to come from the private
sector.
Motion failed with Councilors Hazard, Hines, Nottingham, Roof, and
Yoder opposed.
•
Next item under Citizen Input was Bravo, Colorado request for
Transportation.
Ms. Jeanne Reid gave background on the formation and purpose and
future plans of Bravo, Colorado. Ms. Reid requested Council to
grant the special discounted transportation rate of $25 per hour,
same as last year.
Councilor Nottingham questioned difference of costs. Mr. Larry
Brooks informed our cost in transportation is $35 per hour and,
with the labor hours requested, the total would be $2292.50.
Revenues and expenses are budgeted, with revenue being $3600.00
calculated at the regular charter rate of $55 per hour.
Councilor Yoder questioned amount of groups receiving free or
discounted transportation. Mr. Brooks responded two; one from
Vail Valley Foundation and this one tonight. All others conform
to the $55 per hour regular rate. Councilor Yoder express concern
to start precedence.
Council's consensus was to help Bravo, Colorado; perhaps at a
break even status. Ms. Reid added she would be happy with an
offer of $35 per hour.
Councilor Hines motioned to approve $35.00 per hour. The motion
was seconded by Councilor Roof and carried unanimously.
Next item under Citizen Input was Vail Valley Marketing Board
Donation Request.
Mr. Jan Strauch informed the Vail Valley Marketing Board is in
need of an additional $14,000 for their postage fund due to the
overwhelming responses requesting information. Mr. Strauch added
that Vail will be requested to pay $11,000, Avon is requested to
pay $2,000 and Vail Associates has already paid $1,000. The
remaining 8,000 copies of the full color 8 1/2 X 11 brochure and
an estimated 20,000 four color post cards will be mailed to meet
the information requests.
Councilor Nottingham suggested a picture of Avon on the post card
and expressed dissatisfaction of the brochure lacking in
advertisement for Avon.
Councilor Hines noted Council backed the Marketing Board with
$90,000 from the last budget session and suggested to help them
get through the rest of this session.
Councilor Nottingham questioned where the money would come from.
Mr. Bill James responded either from reserves, monies carried
over from last year, or sales tax projections.
Councilor Hazard motioned to grant the Vail Valley Marketing Board
the amount of $2,000 towards postage as requested.
Councilor Yoder questioned whether this is contingent upon Vail's
payment of $11,000. Mr. Strauch confirmed Avon's contribution
would be contingent upon receiving Vail's contribution.
The motion was seconded by Councilor Yoder.
-2-
•
0
Councilor Fawcett, instead of in a motion, advised that the
Marketing Board consider a picture of Avon on the post card.
The motion carried unanimously.
Second Reading, Ordinance No. 93-5, Series of 1993, AN ORDINANCE
ADOPTING THE UNIFORM ELECTION CODE OF 1992 IN LIEU OF THE COLORADO
MUNICIPAL ELECTION CODE OF 1965 IN ORDER TO PARTICIPATE IN A
COORDINATED ELECTION IN EAGLE COUNTY ON NOVEMBER 2, 1993.
Mayor Reynolds informed this is a public hearing.
Town Attorney John Dunn informed this matter is before Council on
second reading with no amendments from the first reading.
Attorney Dunn reminded Council this Ordinance provides for
consolidation of just the upcoming November, 1993 election and for
a mailed ballot.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Hines motioned approval of Ordinance No. 93-5, series
of 1993, on second reading. Councilor Nottingham seconded the
motion.
Councilor Hazard requested all ballots to be in English, only.
Attorney Dunn responded the Clerk and Recorder will make that
determination. Town Clerk Patty Neyhart added Eagle County Clerk
and Recorder. Attorney Dunn added the Eagle County Clerk and
Recorder works under the supervision of the Secretary of State.
With no further discussion, Mayor Reynolds entertained a roll
call. Those Councilors voting in favor were Jack Fawcett, John
Hazard, Tom Hines, Celeste Nottingham, Jim Roof, and Judy Yoder.
The motion carried unanimously.
Resolution No. 93-24, Series of 1993, A RESOLUTION TO AMEND THE
1993 BUDGET.
Mr. James informed this Resolution amends the budget for the
relocation of the tree ($1,000) and for the sculpture pedestal
($5,000) from the Public Works Fund.
Mr. James informed the pedestal will be installed and the three
Indian ladies sculpture will be placed there on a loan basis.
Councilor Fawcett motioned approval of Resolution No. 93-24,
Series of 1993. Councilor Nottingham seconded the motion and the
motion carried unanimously.
Resolution No. 93-25, Series of 1993, A RESOLUTION APPROVING THE
FINAL PLAT OF MARCAL WILDRIDGE DUPLEX, A RESUBDIVISION OF LOT 95,
BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Norm Wood informed this is a final plat to resubdivide a
duplex lot to allow separate ownership of each unit in the duplex.
-3-
•
C
This plat and related documents have been reviewed and found to be
in substantial conformance with Town of Avon rules and regulations
and staff recommends approval.
Councilor Yoder motioned approval of Resolution No. 93-25, Series
of 19934 Councilor'Hines seconded the motion and the motion
carried unanimously.
Resolution No. 93-26, Series of 1993, A RESOLUTION APPROVING THE
FINAL PLAT OF A RESUBDIVISION OF LOT 50, BLOCK 1, WILDRIDGE, TOWN
OF AVON, EAGLE COUNTY, COLORADO
Mr. Wood informed this is a final plat to resubdivide a duplex
lot to allow the sales of the two individual units. This is a
flag lot with three parcels; one lot being common ownership for
the driveway.
Councilor Nottingham motioned approval of Resolution No. 93-26,
Series of 1993. Councilor Hines seconded the motion and the
motion carried unanimously.
First item under Unfinished Business was the Public Works Annex
Update.
Mr. John Perkins expressed his disappointment of the overrun on
the bids received for the Public Works building. Mr. Perkins has
met with the two low bidders and structural engineer and we could
possibly get the bids down by $75,000 to $100.,000. Mr. Perkins
added this design is probably a $250,000 project. Mr. Perkins is
looking into the possibility of a metal building, to keep in line
with-the-budget of $175,000. However, he does not recommend this
type of building for this specific usage and location. In
redesigning the- project, the precast concrete package of-$65,000
and the waterproofing package of $25,000 will be substantially
eliminated, the building will be pulled out of the ground, and a
more conventional roof will be added. Others items to consider
during the redesign are whether to pave the driveway and the water
issue; building'a dry building. Mr. Perkins stated this redesign
will be at his cost as he accepts responsibility for this overrun.
Mr. Perkins sought further input and direction from Council.
Councilor Hazard questioned the responsibility of the architect
when determining the costs. Mr. Perkins responded that when
costs come in 100% over the budget, he has a certain level of
culpability in that. Mr. Perkins added the bidding climate is
difficult; 10-15% right on top due to demand. As an architect,
Mr. Perkins feels he designed the best building that should be
there.
Councilor Hines questioned the amount of the water issue. Mr.
Perkins informed the water and sewer was an additional $25,000.
The bid included the septic system in place at a cost of $3,000
$5,000. Approximately $30,000 could be eliminated if a dry
.building is built.
Councilor Nottingham suggested to start over; we have $175,000 to
spend; readdress to reach that goal. Councilor Roof agreed to go
back to the basics in keeping to the $175,000 budget. Mr.
Perkins responded he has met with the two low bidders and they can
not get to that figure of $175,000.
-4-
0
Councilor Fawcett voiced his objection of a metal building.
Councilor Fawcett suggested approaching Mountain Star for
additional money to construct this design in lieu of a metal
building.
Councilor Hines agreed to approach Mountain Star; the Town will
add an amount if Mountain Star will add an amount.
Councilor Nottingham questioned where the $175,000 budget came
from. Mr. James mentioned a settlement was reached with Mountain
Star for around $175,000. At that time, the approximate 250,000
square foot building was estimated at $70-$80 a square foot to
build. Mayor Reynolds added that was the amount received from
Mountain Star, so in turn that was the budgeted amount.
Mayor Reynolds noted a metal building just doesn't fit there; we
should get the design down to a minimum and try to raise the
funds; request an amount from Mountain Star and the Town pay for a
portion. Councilor Roof and Councilor Yoder agreed.
Councilor Hines questioned what fund the Town contribution would
come from. Mr. James responded additional funds would probably be
pulled from reserves or possible sales tax revenues.
Mr. Perkins suggested he present two alternative designs; one to
reduce by X and the other to reduce by X + X. Councilor Hines
supports the presentations of scenarios A & B; cut as far back as
possible to meet the $175,000 and how to proceed from there; find
the money. Council's consensus was agreement with these two
option plans to be submitted by Mr. Perkins.
Mr. James suggested that Mr. Perkins meet with Peter Jamar &
Associates to review Mountain Star's design and cost estimates.
Mr. Perkins acknowledged he will meet with Mr. Peter Jamar.
Mr. Perkins will present A & B options, short of a metal building
approach, at the next Council meeting.
Councilor Hazard stated Mr. Perkins should consider his fee and
let Council be the judge. Mr. Perkins stated he would keep track
of hours spent on the redesign.
Councilor Nottingham questioned if Mountain Star has to approve
the design. Mr. James confirmed that Mountain Star approved this
design.
Next item under Unfinished Business was an Update an Wildridge
Pocket Park.
Ms. Meryl Jacobs informed the one bid received for the Wildridge
pocket park is significantly over budget. Ms. Jacobs is
renegotiating with Land Designs and SaBells to bring this in line
and introduced Mr. Scott Sones, designer of the park, to discuss
further the negotiations.
Mr. Sones informed SaBells did some simple miscalculations on
some of the elements. Mr. Sones has redesigned some details that
do not impact the integrity of the design at this point and
lessens the cost.
-5-
0 •
Also, the Town of Avon took the responsibility of providing the
costs of some of the elements such as bike racks, vinyl chain link
fence, drinking fountain, wood benches, picnic tables, trash
receptacles, basketball hoops, play guard, and sand for play
areas. With these changes, the budget is still over budget by
$17,453.00.
Mayor Reynolds questioned only one bid being received and is it
possible to put it out for bid again. Mr. Sones suggested there
are some contractors he may contact directly for better pricing.
Councilor Hazard questioned if Land Designs guarantees their
landscaping. Mr. Sones confirmed plant material is guaranteed.
Councilor Fawcett questioned budget figures. Mr. Sones stated
actual budget is $87,000, less $31,719 which the Town has already
spent. From-the remaining $55,281 Sabell's revised proposal is
$58,034 and Town of Avon share of 414,700; leaves figure over
budget of $17,453.00.
Councilor Roof.noted it will still cost the Town an amount of
money., except now two people will be working on this project; the
Town-and SaBells. Mr. James confirmed, the Town is buying the
materials cheaper and using in-house labor.
This portion of the tape is difficult to transcribe as too many
speaking at 'one time. Putting it out to bid again and plant
materials suitable for the Wildridge area were being discussed by
many at once.
Mr. James suggested to approach other contractors to negotiate
costs, as putting it out to formal bid is time consuming. Council
agreed with Mr. James and directed-him to negotiate further with
contractors,.with'the assistance of Mr. Sones.
Next item added to the Agenda under.Unfinished Business was a
commendation from Councilor Hazard to Departments regarding 4th of
July.
Councilor'Hazard-motioned to award each of the following
departments a'commendaton for_the outstanding success of the 4th
of. July weekend: Avon Beaver Creek Resort Association for the
excellence in preparation and the faultless execution of-this
major- production despite the inclement weather; the Avon Public
Works for their continuous and selfless cooperation with all
departments, for the best crew in the entire Eagle Valley who make
the most difficult-task appear ever so simple; the Avon Fire
Department for their devoted and efficient readiness at all times
andf the Avon Police Department for being ever vigilant and yet
pleasantly unobstructive, for the outstanding job of handling
-traffic, in a most efficient manner. The motion was seconded by
Councilor Fawcett and carried unanimously.
Next item added to the Agenda under Unfinished Business was an
Update on the Terry Allen property in Wildridge.
Councilor Nottingham questioned status of property owner in
Wildridge who is finishing his home. Mayor Reynolds reminded he
has until August 1st and added progress has been sporadic.
-6-
0
Next item added to the Agenda was an update on the Wildwood
Townhomes and Colorado First.
Mr. Wood informed last Friday a productive meeting was held with
Colorado First and Mark Donaldson. Mr. Wood added some issues
were resolved such as Colorado First will do repainting on the
trim, random checking of window trim and correct as needed,
correct the freezing pipe and furnace problem. Balcony concerns
and concrete heaving issues still need to be addressed.
First item under New Business was an Amendment to P & Z Commission
Rules & Regulations.
Mr. Wood stated recently there has been a rash of utility meters
appearing near streets in front of new developments. This has
never been a problem in the past and is not specifically addressed
in the P & Z Commission Rules & Regulations. Staff is
recommending an amendment to the P & Z Commission Rules &
Regulations to address utility meters and above ground utility
facilities, such as antennas. This amendment states the utility
meters and/or remote readouts shall be installed on the primary
structure in an accessible location that is screened from public
view and above ground incidental utility facilities such as
transformers, pedestals, etc., shall be incorporated into the
landscape plan to minimize visual impacts. This proposed
amendment has been approved by the Planning & Zoning commission.
In order to implement this amendment, Council needs to approve
such.
Councilor Hines questioned the meters being installed on a
permanent / temporary basis. Mr. Wood answered contractors will
still be able to have a temporary near the street, but in the
final phase the utility meters will need to be attached to the
structure.
Councilor Hines motioned to approve the amendment to Planning and
zoning commission Design Procedures, Rules and Regulations by the
additions of subsection "E" to Section 6.24. The motion was
seconded by Councilor Nottingham and carried unanimously.
Next item under New Business was Change Order #1 / Metcalf
Nottingham Road Overlay.
Mr. Wood informed the Metcalf Nottingham Road Overlay is
complete. There were some additions to the unit price contract,
primarily additional quantities of asphalt. Changes are within
the current budget of $300,000.00; revised total project cost is
$286,294,72.
Councilor Roof questioned if the credit from this account could be
used towards the Public Works Facility. Mr. Wood informed these
are two different accounts.
Councilor Nottingham motioned to approve Change order #1 to B & B
Excavating. Councilor Roof seconded the motion and the motion
carried unanimously.
-7-
0
i
Next item under Town Attorney Report was as Exemption of
collection of sales tax by non-profit organization.
Attorney Dunn stated a retailer as defined in the sales tax
Ordinance includes any charitable organization or governmental
entity which makes sales of tangible personal property to the
public, not withstanding the fact that the.merchandise sold may
have been acquired by gift or donation or that the proceeds are to
be used for charitable or governmental purposes. Therefore any
sales by such organizations are taxable. That is consistent with
the state sales tax which does not exempt sales by charitable
organizations. Obviously this is a matter of polity whether to
tax these organizations. It would be a matter of the Council
amending the Ordinance to exempt charitable organizations. The
sales tax Ordinance was most recently revised in 1991 and that
revision was to bring the Ordinance into compliance with other
sales tax Ordinances through out the state.
Councilor Nottingham expressed concerns of collecting sales tax
from non-profit organizations such as girl scout cookies, boy
scout popcorn, Eagle County Historical Society bake sale and
others who sell in City Market's entrance, etc. Councilor
Nottingham added that the Town of Vail requests a form to be
filled out, however this is written off as a donation. Councilor
Nottingham expressed opposition to the payment of sales tax by
these charitable organizations and expressed support for an
Ordinance amendment to exempt non-profits: Mayor Reynolds
expressed agreement with Councilor Nottingham.
Mr. James suggested, for ease of enforcement and procedures,,to
exempt rather to present form and write off as donation.
Council directed Attorney Dunn to present an amendment to the
Ordinance to exempt charitable organizations, religious, and
eleemosynary institutions.
The Financial Matters were next presented to Council.
Councilor Nottingham motioned to receive items #1 through #7 and
approve items #8 through #9. The motion was seconded by Councilor
Hines and was unanimously carried.
Next.presented.to Council were the council meeting Minutes.
Councilor Hazard said, "Mr. Mayor, I would like to make an
amendment- to the minutes before I accept it. Uh, two
controversial remarks were made by me and it wasn't entered under
the Avon Art Council. I understand that the, uh, that Patty is
not obliged,to put-any-of these remarks according to the Robert
Rule, uh, of Order, but since,°uh,~the remark were enter about the
Art Council I believe that my-two remarks, two of the remarks that
I made I-would like them to be entered into, uh, the minute which
would say in brief Councilor Hazard questioned why we were
presented with one final choice as compared to three choices
rather to be placed in front of a fit a complete, that's item one.
Item.two, Councilor Hazard further requested that-Council be part
of the final choice. And, even.though it is controversial, I
would like it.to be entered into the minutes." Councilor Hines
seconded the motion.
-8-
0 6
Mayor Reynolds questioned all those in favor. With no one
responding, Mayor Reynolds stated motion died.
Responding to Mayor Reynolds' statement that the motion died,
Councilor Hazard said, "That's OK, I still want it for the record.
And, I want it for the record and I want it to be marked for the
record and that it is and has been voted down. OK. It can not be
all one sided and if controversial question arises, I would
request that they are been put in the minutes, otherwise don't
report it, don't report the whole thing at all".
Councilor Hines motioned approval of the June 22, 1993 Regular
Council Meeting minutes as presented. The motion was seconded by
Councilor Fawcett. The motion carried with Councilor Hazard
opposed.
Next item Added to the Agenda was discussion of the Aspen Mobile
Home Park.
Mr. James informed a resident at the mobile home park has written
some concerns of what is transpiring in the park. Rental rates
are being raised. And, before she can sell her mobile home, a
number of conditions have been assessed prior to the sale, such as
requiring new siding and removing the hitch. Mr. James presented
this to Attorney Dunn and it is questionable what the Town can do
for these people.
Councilor Fawcett thought it to be a civil matter between the
parties.
Councilor Roof informed the hitch on the trailer doesn't come off,
they were forced to cut the hitch off and now the trailer can not
be moved. Councilor Roof felt the owners are putting unreasonable
demands on the tenants who are trying to move the trailers so that
the people rather than conform to these demands will haul their
trailer out so that the owners can move in a trailer they can
sell. Councilor Roof was informed by the owners that the Town was
making demands. Councilor Roof added the mobile home park is not
doing the upgrades the Town has asked them to make when the
opportunity arises, such as side walks and concrete pads under new
trailers. Councilor Roof requested Council to look into this
further.
Councilor Fawcett suggested a homeowners association with a
contribution to retain an attorney. In the meantime, have
Attorney Dunn take a look at it from a zoning issue.
Discussions centered on past meetings and suggestions of the
formation of a homeowners association. As this is private
property, it is a civil matter between the parties.
Council's consensus was to discuss at next meeting's worksession
after Attorney Dunn has a chance to review zoning.
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 Roof. The meeting
was adjourned by Mayor Reynolds at 10:18pm.
RESPECTFULLY SUBMITTED:
&~-4~-
art, Town Clerk