TC Minutes 07-26-1994•
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 26, 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.Reynolds at
7:34PM. A roll call was taken with Councilors Jack Fawcett, Tom
Hines, Celeste C. Nottingham, Jim Roof, and Judy Yoder present.
Councilor John Hazard was absent. Also present were Town Manager
Bill James, Town.Attorney.John Dunn, Town Engineer Norm Wood,
Town Planner Mary Holden, Superintendent'of Recreation Meryl
Jacobs, Director of Municipal.Services Larry,Brooks; Fire Chief
Charlie Moore, Police Chief Gary Thomas, Judge Buck Allen, Town
Clerk Patty Neyhart, as well as members of the press and public.
First item on the Agenda.under Citizen Input was Channel #5, Mr.
Jim Penhale.
Mr. Penhale informed he is the new Director of the Vail Valley
Community Television. Mr. Penhale presented a production bid for
the Avon Recreation Center. Mr. Penhale noted that on the bid it
states First Tracks Video Production, however it is really from
Channel #5.
Mr. Penhale gave an update on Channel #5 upgrades and
programming. Councilor Fawcett suggested bringing back the
interviews with County Commissioners and area Town Councils. A
live call in show would be a good idea, too. Councilor
Nottingham suggested not just Councilmembers, but include Staff
members within the municipality, such as recreation, etc.
Mr. Pen_hale discussed the bid from Vail Valley Community
Television. Total cost is $688 for approximately 25 hours of
work, camera usage, and video tape. This will be an archival
coverage or basic history. Discussion followed. The estimate,
for editing, is an additional $500 to $1,000 and would require
another bid. Council's consensus was to improve the quality of
the video tape. The higher quality video tape is an additional
$75. The higher quality video tape may then be edited for
perhaps television and Colorado Municipal League use.
Councilor Yoder motioned to proceed with this production through
Channel #5 at'a cost at approximately this time of $763 including
the upgrade of the video tape. Councilor Fawcett seconded the
motion. The motion carried with Councilor Hines opposing.
Next item on the Agenda under Citizen Input was Business & Home
Delivery of Mail - Presentation-of Petition by Mr. Jim Benson.
Mr. Jim Benson presented the Mayor with a petition for home mail
service (see attached exhibit a). Mr. Benson secured signatures
last fall, to get an idea of who is interested in home delivery
service in the Avon, Eagle-Vail, and Beaver Creek areas. Mr.
Benson was going-to present this petition to the Council last
fall, but was asked to hold off until approval was given for the
new post office building. Mr. Benson understood that the new
post office building has been approved by the postal service,
with construction to begin March, 1995. Mr. Benson is still
trying to-get home delivery in the area. Mr. Ted Westby, Avon
Postmaster, has informed Mr. Benson that it the Avon Council
approves, Mr. Westby can go forward to get approvals from Eagle-
Vail, Beaver Creek, Singletree, etc.
• •
Before it can advance, it has to be approved by Avon Council due
to the zip code area of 81620. The area would include as far
east as Dowd Junction and as far west as Singletree. Edwards is
a different zip code'and would be excluded. The home delivery
would be by acluster box system. It would be a total cost to
the postal serice; no cost to the Town. The postal requirements
are; Town's population is minimum 2,500 or 750 possible postal
deliveries; streets have names; all houses have numbers on them;
streets paved or accessible; streets and numbers already in
place. Mr. Benson stated there are a total of 149 signatures; 87
Avon/Wildridge, 41 Eagle-Vail, 7 Beaver Creek, and 14 Edwards.
Discussion followed. Mr. Benson noted that the postal service
may be heading in a different direction; true home delivery as
opposed to cluster boxes.
Concerns voiced by Council were: Placement of cluster boxes.
What time of day for delivery of mail to cluster boxes? Security
of mail in cluster boxes. Will post office box rent increase if
cluster boxes are available? Will we end up with two zip codes
(like Vail) to deal with? Will they do street delivery without
sidewalks?
Council's consensus was if it is true home delivery - not cluster
boxes - they would be.in favor of it.
Mayor Reynolds thanked Mr. Benson.
Next item on the Agenda under'Citizen Input was an Appeal of the
Planning & Zoning Commission Decision of 7/5/94 - Valley Wide
Mechanical & Electrical, Inc., by Mr. Thomas D'Agostino.
Mayor Reynolds questioned if the appeal fee is paid.. Town Clerk
Neyhart stated Mr. D'Agostino paid the appeal fee minutes after
this evening's meeting began.
Mr. D'Agostino stated the last time he was here, in front of the
Council, was approximately 15 months ago, with his architect, on
the design stages before construction. There is only one issue
that I want to address this evening. And, that is the color of
our building. To date, I don't know what the color was supposed
to be. I don't know if it was supposed; if the color I have is
-incorrect or not. Last time my architect came to the Town to
ask them for the records, they had lost them. I don't know, to
this day, what happened. I still don't know. Quite frankly, I
didn't like the color when it was put on. The lower half of the
building; it was a burgundy color and the upper portion is a
baked enamel; 'it is a butler building. So, it is a baked enamel
finish; a pearl color; off white.. I called for an inspection
from the Town, for a partial release of retainages. That's when
I found; that's when I was told that our building is the wrong
color. I don't know what to tell you; I don't know whether it is
or whether it isn't. A general contractor was retained for the
first two months after the project started and then was released.
I don't have any records. I don't know if the Town has any
records. We did have samples originally; I'turned them into the
DRB and got final approval. And, I quite honestly don't know
what to tell you. If anyone has ever been by the shop, it's
probably the nicest property on Metcalf Road. It is certainly
the only property that is going to have snow melt on it. I know
that. That was a requirement of the DRB. But, it is a nice
shop. I have taken a ,liking to the color, after having lived
with it. I don't know what to tell the Board, except I don't
know what happened. I don't know where the records are, at this
time.
Mayor"Reynolds-stated I can see your point. But, you had two
appearances with the Planning & Zoning Commission, that you
didn't go down'to.
2
Mr. D'Agostino stated no, there was one on July 5th and I;
frankly I worked late till 9-9:30 that evening myself and I
simply forgot,it; that was the only reason. It was certainly not
done with malice. Mayor Reynolds stated, I was informed you had
two appointments to go before them and you never showed. They
would be the ones that would tell you what color this building
was supposed to be. From what I understand, the Building
Inspector went up there and he told you that you painted it the
wrong color. Mr. D'Agostino stated no, it wasn't the Building
Inspector; it was the; is it Mary that's in the office here?
Planner Mary Holden confirmed. Mr. D'Agostino stated Mary came
on the; if I'recall; was the 19th of April. Planner Holder
interjected it was February 18th, for the first inspection. Mr.
D'Agostino stated OK, well, I wasn't there for that one so I
don't know. The only time that I was informed about the color
was, personally, when you came for the inspection in May, and,
that was just before we had our open house. So, that was the
first time I knew about it. Quite honestly, if the color is
incorrect I don't know what I could do about it right now. I
don't know; if I painted a metal butler building it would peel in
three to four months. If we are talking about shades of off-
white, I don't know what difference it makes. I one, wouldn't
have the money to pay for it; two, it would; I don't know what
else to do about it at this point in time. I didn't
intentionally miss any meetings. The only meeting I remember
ever personally missing was this July 5th. I don't know of any
other scheduled meeting that I know about. I know my architect
may have been privy to it, but I certainly wasn't. Mayor
Reynolds stated, it seems to me that you were aware of this thing
for quite a few months and you didn't make any attempt to correct
"it. Mr. D'Agostino stated I am telling you I didn't know about
this til this may 20th; I did not know about this. Mayor
Reynolds stated, Mary said she talked to you in April. Mr.
D'Agostino stated she did not talk to me in April; I've never met
her till this May; I don't know what we're talking about here.
Mayor,Reynolds stated, till May - that is still two, three months
ago., Mr. D'Agostino stated, well once I found out a meeting was
scheduled; I did not make the July 5th meeting; OK. I am here
now, because this is the next avenue to get this issue resolved.
Mayor Reynolds stated I have voiced my opinion and would like to
hear from the rest of Council.
Councilor Yoder stated I talked with a member of the Planning &
Zoning Commission earlier today. And, frankly they are quite
upset with the fact; they feel that the color,is dramatically
different than what they had approved. They felt you really
showed a disregard for the Planning & Zoning by not coming to
them. Did you ask to have another meeting with them before you
took this avenue? Mr. D'Agostino stated I didn't know that the
color was wrong until she; until I was informed the day before my
open house. I didn't know it was wrong. I've never known it was
wrong; up until; till she told me and walked through the site and
pointed out a few-bushes that had died over the winter; and then
the color was not correct and that we have some detailing, copper
detailing, that wasn't finished. Councilor"Yoder stated also you
say that the only problem is the color; I see in this that there
is also a change to the canopy or to the entry: -Mr. D'Agostino
stated no. If you read the latest letter, I retracted that.-
Planner Holden responded away from the microphone, thus unable to
transcribe.
Mr. D'Agostino stated this has gone back to the original design;
thus it is a moot point. Mr. D'Agostino continued, originally,
you understand, to dress up a building for a plumbing shop with
all this copper is one very expensive; and I think it is out of
line. But, I have agreed to do it and I have no problem with
it. We wanted to do it in house; OK,,this copper. But, to do
this, the size of the canopy- seamless bend-is rather expensive.
And, we don't have the equipment in house to even do it.
3
•
•
Anyway, I have gone back to the original design; I am going-to
take care of it; that issue is not an issue at this point.
Councilor Yoder stated frankly I think this should either go back
to the Planning & Zoning or else we should up hold Planning &
Zoning. They spend an enormous amount of time studying all of
these issues and we just get something when-it comes to an
appeal. Mr. D'Agostino stated I would be glad to go back to
them. But, the avenue that was spelled out, in writing to me,
was to come to this Council. So, that is why I am here.
Mayor Reynolds stated I am just reading this report and it says
that you were scheduled to go before them on June 7 and July 5
and you failed to appear at either one of them. Mr. D'Agostino
stated well, to my recollection, the only meeting that I
personally know of; I know my architect has talked to me about
it; OK; and that might have been the June. But, I know I missed
that July 5th meeting and I regret that cause I would; I don't
want to take up your time.
Councilor Fawcett stated I have a question, actually of Mary. In
your July 5th memo,..you,indicate that the original colors
approved of canyon gray with a red rock stucco. Planner Holden
stated that is 'correct. Councilor Fawcett continued that the,-
proposed colors are burgundy brown and off white. By proposed
colors, does that mean that as of July 5th they hadn't been
painted on the building yet? Planner Holden answered-away from
the microphone. However, Councilor Fawcett responded, so those
weren't proposed; those are existing. And, then Mary, you go on,
forgetting the canopy, since-that is not an issue - you go on to
say that the Staff recommends that Planning & Zoning approve the
application as presented. Councilor Fawcett continued, so that
means you're recommending that they approve that color change
that was already existing on the building. Planner Holden stated
correct. Councilor Fawcett continued, so the only reason why the
P & Z apparently did not approve your application is because you
were not present. Or, at least that is one reason. Mr.
D'Agostino stated I assume that is one reason. Planner Holden
made remarks away from the microphone and am unable to
transcribe. Councilor Fawcett stated, I somewhat agree with
Judy. If this is over an issue of none appearance, it is
unfortunate you didn't appear and obviously you should have.
Obliviously; we all forget appointments; alzheimers sets in for
all of us on occasion. But, I am not sure we are the group that
should decide this. We should really, I think,_send it back to
the Commission so that you have an opportunity to appear in front
of them, state your position, and then see what happens. That is
my opinion.
Councilor Nottingham agreed and Councilor Hines concurred with
Councilor Fawcett. Councilor Roof stated, I think that is the
best move. Mayor Reynolds stated, I agree.
Mayor Reynolds stated we are just referring-,you back to the P &
Z. Councilor Fawcett added, if you don't appear this time,
unless there is a real good reason, I don't think we, as a
Council, have any choice but to uphold our P & Z. Mr. D'Agostino
stated I don't have a problem appearing before them. Like I
said, this is the first time I knew the color was even different
from the first and I will be glad to tell them my story. Mayor
Reynolds stated OK and thanked Mr. D'Agostino.
Second Reading of Ordinance No. 94-15, Series of 1994, AN
ORDINANCE ADOPTING THE UNIFORM ELECTION CODE OF 1992 IN ORDER TO
PARTICIPATE IN A COORDINATED ELECTION IN EAGLE COUNTY ON NOVEMBER
8, 1994.
Mayor Reynolds stated this is a public hearing.
4
•
U
Councilor Nottingham motioned approval of Ordinance No. 94-15,
Series of 1994, on second reading. Councilor Hines seconded the
motion. The motion carried unanimously.
Second Reading of Ordinance No.
ORDINANCE AMENDING CHAPTER 9.12
OF AVON PROHIBITING DRINKING IN
FOR THE VIOLATION HEREOF
94-16, Series of 1994, AN
OF THE MUNICIPAL CODE OF THE TOWN
STREETS; AND PROVIDING PENALTIES
Mayor Reynolds stated this is a public hearing.
Town Attorney,John Dunn reminded that at first reading Council
requested changes. The change that has been made is the language
in the middle'of the,paragraph; from "written authorization of
the Town Council" to "written authorization of the Liquor
Licensing Authority". Council also asked Attorney Dunn to
research extension of the Ordinance to include private property.
Discussion followed regarding Attorney Dunn's recommendation that
the,Ordinance's enforcement be limited to the public areas
described in the Ordinance.
Councilor Vottingham motioned approval of Ordinance No. 94-16,
Series of 1994, on second reading. Councilor Roof seconded the
motion. The motion carried unanimously.
Next on the Agenda under New Business was Change Order No. 2 -
Public Works Annex.
Director of Municipal Services Larry Brooks stated this change
order was initiated by the,contractor in order to make changes in
the design of the structural steel that was,-,in the building. The._
architect was out of town when the work needed to be-done. Thus,_
the contractor,took it upon himself to contact Monroe Engineering
to get the proper resolution for the design problem on the
facility. That change is for a total'of $1,,716.44. Staff
recommends approval of Change Order No. 2 this evening.
Councilor Nottingham motioned approval of Change Order No. 2-
Public Works Annex. Councilor Fawcett seconded the motion and
the motion carried unanimously.,
Next on the Agenda was the Mayor's Report.
Mayor Reynolds congratulated Town Clerk Patty Neyhart on her
graduation from the Colorado Institute for Municipal Clerks.
Mayor Reynolds announced that applications are available to
anyone who is interested in running for Town Council.
Applications will be available August 9, 1994.- The petition must
have ten names on it; all being registered voters in the Town,of
Avon. The petition is to be returned by August 29th.
Next on the Agenda was Other Business.
Councilor Fawcett announced that tomorrow at 8:00am in the Vail
Town Council Chambers there is a meeting of the Eagle County
Recreation Authority. Primary subject will be the Hobby Horse
Riding Stables located on the recreation property.
5
• •
Next on the Agenda was the-Consent Agenda:
a.)- Resolution No. 94-22, Series of 1994, A FINAL PLAT FOR
RESUBDIVISION OF LOT 2, FOXX 4 SUBDIVISION, TOWN,OF,AVON,
EAGLE COUNTY, COLORADO
b.) Resolution No. 94-23, Series of 1994, A FINAL PLAT FOR
RESUBDIVISION OF LOT 104, BLOCK 1,' WILDRIDGE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
c.) Financial Matters
d.) Approval,of the July 12, 1994 Council Meeting Minutes.
Councilor Yoder motioned to approve the Consent Agenda.
Councilor Hines 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 Nottingham
moved to adjourn. The motion was seconded by Councilor Yoder.
The meeting was adjourned by Mayor Reynolds at 8:55PM
RESPECTFULLY SUBMITTED:
Patty Ney ar own Clerk
6
EXHIBIT A
10
Home Mail Service Gl
ro ray
The Undersigned are interested in HOME DELIVERY mail service on, a . -
Vail, Beaver Creek and Wildridge areas. The Post Office would install 'clu the es in
the appropriate areas and service them. This petition is being submitted to of
Avon for their approval.
Name (print) Address (physical) & Area (AV.EV.BC.WR) Phone (home)
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The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.
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The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.
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0 Home Mail ServA
The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.
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The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.. ,
Name (print) Address 12hvsical) & Area AV.EV.BC.WR) Phone (home)
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The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge
the appropriate areas and service
Avon for their approval.
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areas. The Post Office would install "cluster boxes" in
them. This petition is being submitted to the Town of
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The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.
Name (Drint)
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Address (pb ical & Area AV V BC /R / Phone (dome)
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0 Home Mail ServI&
The Undersigned are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon for their approval.
Name (print) Address ( bygcan & Area (AVZV.BC.WR) Phone (home)
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40 Home Mail Servk
The Undersigned are interested-in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to, the Town of
Avon for their approval.
Maine (print) Address (physical) & Area (AV.EV.BC.WR) Phone (home)
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~ Home Mail Serve
The Undersigned, are interested in HOME DELIVERY mail service in the Avon, Eagle-
Vail, Beaver. Creek and Wildridge areas. The Post Office would install "cluster boxes" in
the appropriate areas and service them. This petition is being submitted to the Town of
Avon, for their approval.
Name (print)
Phone home)
2)
3)
4)
5)
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2)
9)
10)
12)
131
1,4)
15)
16)
12)
18)
19)
20)