TC Minutes 03-08-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MARCH 8, 1994 - 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
7:30PM. 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'Manager Bill James, Town Attorney
John Dunn, Director of Community Development Steve Amsbaugh,
Superintendent of Recreation Meryl Jacobs, Director of Municipal
Services Larry Brooks,- Transportation Director-Harry Taylor,
Police Chief Art Dalton, Lieutenant Gary Thomas, Town Clerk Patty
Neyhart, as well as members of the press and public.
Second Reading of Ordinance No. 94-8, Series of 1994, AN
ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE
AGREEMENT
Mayor Reynolds announced this is a public hearing.
Mr. Bill James stated this Ordinance allows the Town to lease-
purchase equipment that has been approved by Council in the 1994
budget. That equipment is a loader with a bid price of $122,070,
an OshKosh snowplow at $182,243, a bus at $194,627, and a people
mover at $55,360, for a total of $554,300. The budget was
$553,450. The difference was made up because interest was
budgeted at 7% and actual is 5.5%.
Councilor Hines motioned adoption of Ordinance No. 94-8, Series
of 1994 on second reading. Councilor Hazard seconded the motion.
The motion carried unanimously.
First Reading of Ordinance No. 94-9, Series of 1994, AN ORDINANCE
AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
AS IT RELATES TO QUALIFICATION FOR MEMBERSHIP ON THE PLANNING &
ZONING COMMISSION
Town Attorney John Dunn stated the purpose of this Ordinance
which is before Council on first reading is to amend the
Ordinance with reference to the membership of the Planning &
Zoning Commission to provide that all members of that Commission
will be qualified electors of the Town. Qualified electors is
consistent with membership on the Council.
Discussions focused on definitions of "qualified elector",
"resident", and "registered elector". Council's consensus was to
adopt the wording "registered elector" to eliminate any
confusion.
Councilor Hines motioned to approved Ordinance No. 94-9, Series
of 1994 on first reading with the following amendments: under
Section 1, 2.16, Article D, change the word ".qualified" to
"registered" and under 2.16.040 Vacancies, where it says
"qualified, elector" change that to "registered elector".
Councilor Yoder seconded the motion. The motion carried
unanimously.
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First Reading of Ordinance No. 94-10, Series of 1994, AN
ORDINANCE PROVIDING FOR•THE REZONING OF LOT 3, BLOCK 3, BENCHMARK
AT BEAVER CREEK SUBDIVISION FROM RESIDENTIAL HIGH DENSITY
COMMERCIAL TO PLANNED UNIT DEVELOPMENT AND ESTABLISHING A
DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS RELATED THERETO
Mr. Steve Amsbaugh in this is a public hearing, before the
Council, on first reading.. Also, a public hearing was held
before the Planning & Zoning Commission (P & Z) on February 15,
1994. The P & Z Resolution No. 94-1 recommends Council approve
the request for the rezoning of Lot 3, Block 3, Benchmark at
Beaver Creek from residential high density commercial to planned
unit development. A vicinity map was displayed, which showed
that the proposed development will be surrounded by the Sunridge
Condominium development. The current zoning for the property is
residential high density commercial which allows a variety of
residential uses and commercial uses including-hotels, lodges,
bed and breakfast, multi-family dwellings, and support retail up
to 20% of the total project. The rezoning to PUD would allow the
applicant to construct an approximately 15,000 square foot
leasable two story retail office building and associated parking
consistent with the following project elements. The proposed
uses of the building would be retail stores, professional
offices, personal service shops, and restaurants. Also proposed
for the PUD development standards, the maximum building height
would be 481, the minimum building setback would be in the front
yard 25' and 10' in the rear, with three caveats. Those caveats
being; parking shall be allowed to encroach 20' into the required
front yard setback, roof overhangs shall be allowed to encroach
5' into the required rear setback, and the trash enclosure shall
be allowed in the rear setback as indicated on the conceptual
plan. In addition, maximum site coverage is proposed at 30% of
the lot and minimum landscape area to be 20% of the development.
Parking would be provided in accordance with the Town Zoning
Code. The proposed PUD would provide development which is
consistent with or less than current RHDC development standards.
Site Access would be from W. Beaver Creek Blvd., across from the
entrance to the Sunridge Condominiums. In addition, the
intersection of W. Beaver Creek Blvd. and Highway 6/24 has been
identified for secondary intersection improvements in the Town's
comprehensive plan. The applicant has agreed to participate in
the cost for such improvements. The surrounding land uses is
currently zoned residential high density on three sides.
Immediately to the south is Highway 6/24 and then the Beaver
Creek PUD. The application is consistent with the PUD design
criteria. And, P & Z and Staff feel the application is
consistent with the rezoning criteria set forth in the zoning
code. Therefore, Staff recommends the Council approve the
rezoning of Lot 3, Block 3, Benchmark at Beaver Creek from RHDC
to PUD with the following findings and conditions. Findings =
1.) Rezoning is justified due to the changed.character of the
area; 2.) Rezoning is consistent with the Town of Avon
Comprehensive Plant; 3.) Proposed use is compatible with and
complimentary to the surrounding area and uses. Conditions = 1.)
PUD Plan and PUD Guidelines as described (including allowed uses,
site access, parking and development standards) be incorporated
into and binding upon the PUD zone district designation for Lot
3, Block 3,~Benchmark at Beaver Creek; 2.) If the Town determines
that future street and intersection improvements are necessary in
this location, the applicant agrees to participate in the cost
for such improvements. One comment letter was received on this
application form the Sunridge II Homeowners Association.
Basically, that letter requested the Design Review Board provide
modifications on the north elevation, the elevation on the
Sunridge side, and,add landscaping to break up the long facade.
And, they would like their landscaping integrated with the new
development. The applicant is agreeable to Sunridge II
Homeowners Association's requests.
Questions and answers followed Mr. Amsbaugh presentation.
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Councilor Fawcett felt that item B in Section 6; "applicant
agrees to participate in'the cost for future street and
intersection improvements "needs to be more specific. Councilor
Fawcett questioned how•this will be determined; what amount will
they participate. Councilor Fawcett suggested tying this amount
down; either 50% or full cost, or whatever. Mr. Amsbaugh stated
currently there is no amount. Other developers have been asked
to provide that incremental amount for'the length of their
property. Mr. Amsbaugh added one way it is usually left is that
it is a fair share involvement; their portion is that amount of
their frontage.
Councilor Roof questioned sidewalks and pedestrian traffic. Mr.
Amsbaugh noted there is alot of foot traffic in the area. There
is a problem tying down a streetscape program in this area due to
the fact there is drainage going on there and we do not have
curbs and gutters; this is actually working fairly well. In
order to have a design for this property that would go no where;
it wouldn't quite make it to the bridge; we need to have a
composite intersection design that would be attacked from a
broader scope. This is actually the last property to be
developed at this intersection. The drainage, it is felt, would
be disrupted by putting in curbs, gutters, and sidewalks in at
this time. Councilor Roof added there is alot of foot traffic
and we do need to consider this along W. Beaver Creek Blvd.
Mr. Frank Navarro, with Elk Meadow, Inc., and Mr. Rick Pylman,
representing the development partnership, Elk Meadow, Inc., were
present. Mr. Navarro noted the model is a massing model and more
detail has taken place. The Sunridge side has changed from the
input of the P & Z and the Sunridge Homeowners. The roof has
changed and windows have been added. Landscaping has been
improved on the Sunridge side.
Councilor Hines questioned what type of commercial businesses
will be available and the traffic study. Certain types of
businesses will create more traffic than others. Mr. Pylman
stated Alpine Engineering did the study. The trip generation
study used was the basic ITE engineering manual listing the
standard trip generati-on rates by types of business and by square
footage. The tenant mix now will change over a period of time.
Mr. Navarro stated the upstairs will be professional offices,
with the downstairs proposed as a bakery, real estate office, and
a restaurant. The'mix thus far seems to be working well in terms
,of phasing and staging. In working with Community Development
the ruling was made; it didn't matter what tenants we had. The
upstairs would be full with office people and the downstairs
would be retail.
Mr.' Pylman stated a meeting was held with the Community
Development Department and the Homeowners Association. They
agreed to change some aspen trees to spruce and plant more spruce
trees between and integrate landscaping with Sunridge.
Councilor Hines questioned the applicant on his feelings of the
fai-r-share participation on the streetscape improvements. Mr.
Navarro stated they are in agreement to participate. They would
rather not put something in today that does not really tie into
anything. They would be responsible for improvements as far as
proportion of what their property is. Councilor Yoder stated
that is fine as long as they remain owners of the building.
Councilor Yoder questioned what and how to deal with the new
owners. Councilor Yoder felt this needs to be more close-ended.
Mr. Pylman stated from an urban design standpoint it does not
work to build part of the curb now and part of it next year. It
really all needs to happen at once. Right now, we do not know
what the costs are so there is no way to tie down a dollar
amount.
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Councilor Nottingham suggested a simple, inexpensive, and
functional walkway. Mr. Navarro stated it may be possible to put
in an asphalt strip; drainage was a concern with the curb,
gutter, and sidewalk. Mr. Pylman suggested extending a temporary
sidewalk and added that the driveway has been realigned to be
directly across the street from Sunridge's.
Mr. James mentioned the second condition needs to be considered
as to formulas and possible special improvement districts.
Discussion centered around participation in 'a special improvement
district.
Mr. John Haak, resident of Sunridge Condominiums and boardmember
of the Homeowners Association, has a very positive feeling that
the applicant will be very cooperative. Mr. Haak stated all
concerns were being dealt with such-as the design of the
structure itself, plus the plantings and type of'trees. Mr.
Haak added they would like to continue this working relationship.
Mr: Amsbaugh suggested we could work with the applicant to come
up with a formula on the second condition or we could strike the
condition because they are obligated to participate in a special
improvement district: Mr. James stated that unless we are asking
them for specific'improvements; it would be best to,leave that
condition out. Mr. Navarro noted that they are agreeable to
participate.
To address the issue of sidewalks;, Mr. Amsbaugh suggested to add
a condition; the inclusion of temporary sidewalks to access the
property.
Councilor Hines motioned to approve Ordinance No. 94-10, Series
of 1994 on first reading with the following findings and
conditions, under findings, 1.) the rezoning is justified due to
the changing character of the area; 2.) the rezoning is
consistent with the Town of Avon Comprehensive Plan; 3.) the
proposed use is compatible and complimentary to the surrounding
area and uses. And, the conditions, 1.) the PUD plan and PUD
guidelines, including allowed uses, site-access, parking and
development standards, be incorporated into and binding upon the
PUD zone district designation for Lot 3, Block 3, Benchmark at
Beaver Creek Subdivision and substitution for 2.) that the
applicant provide adequate pedestrian access to the property.
Councilor'Roof seconded the motion. The motion carried with
Councilor Yoder abstaining.
Resolution No. 94-8, Series of 1994, A RESOLUTION AMENDING THE
1994 BUDGET.
Mr. James stated this Resolution confirms some actions that
Council has taken in regards to the 1994 budget over the last
couple of meetings. The first amends the marketing budget of
$40,000, which will be used to bring summer flights into the
Eagle Airport. Secondly, the public works fund budget, traffic
and transportation improvements, is amended by $1,800 for a
streetlight over by Benchmark Road. And lastly, the current
estimate for the recreation center is another $325,000 due to
increase in square footage. That increase in square footage is
approximately 10,000..
Councilor Nottingham motioned to approval Resolution No. 94-8,
Series of 1994. Councilor Yoder seconded the motion and the
motion carried unanimously.
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Approximately $76,000 has been set aside for improvements to Lot
16 and Mr. James asked if Council would rather spend that money
on streetscape lighting for the recreation center.
Councilor Hines questioned 50' centers. Mr. James stated that
the 501-1001, Staff will have to get back to Council on that.
Councilor Yoder motioned that the money that we had previously
allocated for Lot 16, approximately $76,000 be changed and be
used for as C.C. says those little green lights. Councilor Roof
seconded the motion and the motion carried unanimously.
Resolution No. 94-9, Series of 1994, A RESOLUTION APPROVING THE
FINAL PLAT AMENDMENT NO. 6 FOR THE RESUBDIVISION OF TRACT B,
BLOCK 1, AMENDMENT NO. 5, EAGLEBEND SUBDIVISION FILING NO. 2,
TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Amsbaugh stated this Resolution would grant approval for a
final plat of the further subdivision of tract B in the Eaglebend
Subdivision. The plat consists of three single family lots and a
reduction in the overall size of Tract B. This further
implements Eaglebend by creating lots 14, 15, and 16, and then
the remainder is Tract B. The applicant is currently nearing
completion of the residential units on these lots. Staff has
reviewed the final plat application and recommends approval of
this Resolution.
Councilor Yoder motioned to adopt Resolution No. 94-9, Series of
1994. Councilor Hazard seconded the motion and the motion
carried unanimously.
Resolution No. 94-10, Series of 1994, A RESOLUTION APPROVING THE
FINAL PLAT AMENDMENT NO. 7 FOR THE RESUBDIVISION OF TRACT B,
BLOCK 1, AMENDMENT NO. 6, EAGLEBEND SUBDIVISION FILING NO. 2,
TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Amsbaugh stated this is further implementation of the
Eaglebend Subdivision. In this case, created lots are 17, 18,
and 19, with the remainder being Tract B. Staff has reviewed the
final plat application and recommends approval of this
Resolution.
Councilor Hines motioned to.adopt Resolution No. 94-10, Series of
1994. Councilor Roof seconded the motion and the motion carried
unanimously.
Next Item on the Agenda under New Business was the 1994 Chip &
Seal Work.
Mr. Larry Brooks stated that bids were sent out for chip and seal
resurfacing in Wildridge for this spring. We received the low
bid from GMCO in the amount of $36,672. The budget is $33,000.
Since the bid is quantity driven, Mr. Brooks recommended awarding
the bid to GMCO for up to $33,000. Work will be done around the
end of June and will take approximately 1 and 1/2 days.
Councilor Nottingham motioned to approve the bid for the 1994
chip and seal work to GMCO up to the amount budgeted of $33,000.
Councilor Roof seconded the motion and the motion carried
unanimously.
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Next"Item on the Agenda under New Business was to Award the Bid
for the Public Works'Annex.
Mayor Reynolds stepped down and directed Mayor Protem Nottingham
to,chair the meeting due to potential conflict of interest.
Mayor Reynolds left the Council chambers.
Mr. Brooks reminded that last year the bid came in substantially
over budget. As a result of that bid process, we redesigned the
facility and rebid the project. Two companies responded to.that
bid; Reynolds Corporation and Guida Builders, Inc. The bids were
$220,329 by Reynolds Corporation and Guida Builders submitted a
bid of $244,840. After review of those bids, Staff's
recommendation is to award the bid to the Reynolds Corporation.
Councilor Hazard asked how we could accept a bid that is not a
firm bid. The Reynolds Corporation's bid states this is a rough
breakdown and this contractor reserved the right to change
amounts in the category to offset increase or decrease in the
area if needed. Mr. Brooks stated the bottom line is still
$220,329 and we will hold the contractor to that amount.
Councilor Hines questioned amount of square footage. Mr. Brooks
responded the square footage is 2,250. Councilor Hines noted it
is approximately $100 per square foot.
Councilor Roof questioned previous bid amounts. Mr. Brooks
stated that was in the $360,000 range. The biggest difference in
design is that the previous facility was a subterranean
structure.
Councilor Fawcett questioned if Mountain Star has seen the new
design. -Mr. Brooks stated Mountain Star is comfortable with the
design. Mr. James stated Mr. Jen Wright has agreed to pay 50% of
the amount that is over budget. Mr. Wright had no comments
regarding the contractor.
Mayor Protem Nottingham questioned road cut permit and building
permit fees. Mr. James stated those fees will be waived as this
is a Town project. Mayor Protem Nottingham asked when this
project will be done. Mr. Brooks stated per the contract, finish
date is August 15, 1994.
Councilor Roof motioned to accept the bid from Reynolds
Corporation for the public works annex and agree to share the
additional $64,329 over the original estimate with Mountain Star,
the 50/50 share. Councilor Hazard seconded the motion and the
motion carried unanimously.
Mr. Grant Riva, attorney for John Guida of Guida Builders, Inc.,
requested to come before Council. Mr. Riva asked the Town to
require that strict compliance be applied to the requirements of
the contract documents and also of the requirements set forth by
Colorado laws as far as the time frame as to when this contract
needs to be executed~and-the requirements.as far as.the bonding
conditions. Mr. Riva added that if for some reason the Reynolds
Corporation:'is not-able to comply with those provisions°as
required by the contract documents or as required by law, that
the award to Reynolds Corporation be set aside. And,, since our
corporation is ready and able to perform for the price stated,
Guida Builders'be awarded the contract.
Councilor Hines thought'$100 per square foot is high and there is
a $24,,000 difference between the two bids. Councilor.Hines
requested an explanation of the extra $24,000. Mr. Mike Guida,
owner of Guida Builders, Inc., did not know why the bids were so
different. Mr. Guida noted he has a 12% mark up on his bid and
added that is as-low as he wants to go.
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Councilor Fawcett asked Mr. Riva to be more specific on his
concerns. Mr. Riva stated there is a 10 day period in which the
Reynolds Corporation will be required to comply with some
contingencies; the main one being they provide a completed
contract, actually three copies of the completed contract, within
ten days of the notice of award and within the provisions of the
completed contract would be the bond provisions, performance bond
and payment bond provisions. Councilor Fawcett questioned ten
day period and is there a formal notice from the Town. Mr. Riva
stated there is an actual formal notice that the Town fills out a
notice of award. Councilor Fawcett noted theten day period
starts when they receive notice; could be twenty days from now
whatever date the Town puts on the notice.
Mayor Protem Nottingham stated the Town has a financial partner,
Mountain Star, for this project. Mr. Riva questioned as far as
the agreement with Mr. Jen Wright, was this something that was an
agreement in principal that they would pick up 50t over the
contract price or was there a specific number presented to them
when they agreed. Mr. James stated that after bids were in he
called Mr. Wright and gave him an analysis of where we were at.
Mountain Star agreed, under a subdivision improvement agreement
with the Town, to contribute $175,000 towards building the annex.
Mr. James added up all the other costs that were associated with
the low bid, plus the design, soils, and engineering.' That added
up to approximately $64,000 over the original estimate and Mr.
Wright was agreeable to splitting that overage with the Town.
Mayor Protem Nottingham asked that we make sure Mr. Rivals
concerns are followed. Mr. Brooks stated it is his job to make
sure the contract is conformed to; it is in writing. When we
give the notice of award, there are ten days for the contractor
to comply with the remainder, before we can give a notice to
proceed. We have done this with every other contract and that is
what we fully expect to do this time.
Mr. Riva stated, if the person who has been awarded the contract
is not able to perform, we would like to have the chance to
perform.
Mayor Protem Nottingham noted their concerns have been heard and
thanked them for coming.
Mr. Guida added that he is not here to accuse Mr. Brooks or Mr.
James of not doing their jobs. Mr. Guida attended the bid
opening. And, at that time Mr. Guida had bonding and the other
bidder did not have bonding.
Mayor- Reynolds entered the Council Chambers where upon he
returned to chair the meeting.
First item Added to the Agenda under other Business was an update
on the American Ski Classic.
Councilor Hazard stated the Ski Classic starts this Friday and
continues until Sunday, March 20th. Councilor Hazard announced
that credentials will be delivered to the Town and distributed
schedules of the events. Councilor Hazard reminded that this is
a very important event as the Town of Vail is still trying to get
the 1999 World Championships.
Next item Added to the Agenda under Other
on the Violent Youth Crime seminar held in
Councilor Nottingham.
Business was an update
Denver and attended by
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Councilor Nottingham informed she attended a seminar in Denver
addressing violent youth crime in Colorado through community
involvement. Governor Romer spoke the first day and Janet Reno
spoke on the third day. Preventative action focused on family
structure and rebuilding spirituality.
The Financial Matters were next presented to Council.
Councilor Roof motioned to receive items #1 through #6 and
approve items #7 through #8. The motion was seconded by
Councilor Hines and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Nottingham motioned approval of the February 22, 1994
Regular Council Meeting Minutes as presented. Councilor Fawcett
seconded the motion and the motion carried unanimously.
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 Yoder. The
meeting was adjourned by Mayor Reynolds at 9:37PM
RESPECTFULLY SUBMITTED:
Patty Ne hart Town Clerk
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