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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. -2- 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: -3- 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: -4- U 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. -5- 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. -6- 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. -7- 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. -8- • -9- 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.