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TC Minutes 01-22-1991• 0 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: • 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. -2- 9: , • 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. • • 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. -5- i E 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. -6- 0 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: -7-