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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