Loading...
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. -2- 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. -3- 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. -4- 0 • 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. -5- 0 • 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. -6- 0 0 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. -7- 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 -8-