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TC Minutes 04-11-1995MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 11, 1995 - 7:30 P.M. A 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 Reynolds at 7:33PM. A roll call was taken with Councilors Richard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham, and Judy Yoder present. Also present were Town Manager Bill James, Town Attorney John Dunn, Town Clerk Patty Neyhart, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Municipal Services Larry Brooks, Recreation Director Meryl Jacobs, and Town Planner Mary Holden, as well as members of the press and public. Citizen Input: Announcement,,,of the Appointed.Planning & Zoning .Commissioners Mayor Reynolds announced the appointed Planning & ,Zoning Commissioners are Jack'Hunn, Albert D. Reynolds, Beth..S. Stanley, and Henry Vest. Citizen Input: Appointment of a Council Member Town Clerk Patty Neyhart distributed ballots to Councilmembers. Ballots were collected and tallied by Town Clerk Neyhart and verified by Town Attorney John Dunn. Mayor Reynolds announced the newly appointed council member is Jim Benson. Mr. Benson will be sworn in during next council meeting. Citizen Input: Update on Sewer Plant Expansion Mr. Mike Poeckes reminded they were here approximately one year ago to discuss the preliminary design for the improvements'on-the facility. Mr. Poeckes stated they hired an engineering firm to produce a final design and are now ready to construct the project. Mr. Poeckes introduced Mr. Bruce Petrick and Mr. Jim Riss from the engineering firm. Mr. Riss stated the project includes the Avon waste water plant and the Squaw Creek waste water plant. The project includes the addition of ATAG facilities, which are the digestion facilities for the sludge that is produced at the Avon plant. The objective of the facility is to produce class A or.top quality by-products. Also a part of this project is the replacement of the existing head works with new facilities and the addition of new primary sedimentation tanks. The new facilities at the Avon plant are intended to improve both the performance and the operations of the liquid side of the plant, as well as the solid side and to improve ventilation. Part of the facility is very low profile - basically at ground level. The completion of the project is scheduled for September, 1996. Site plans were discussed. Mr. Poeckes noted the ATAG system actually cuts down on the production of sludge and will be all enclosed. The additional odor control facilities will take care of anything that may escape from that. This will be a major addition to the existing facility - there is no positive odor control system at present. Mr. Poeckes left a copy of the amended 201 facility plan for the project and a copy of the site approval application. The town needs to take a look at this and sign off on it. Mr. Poeckes stated they will need to go before the County and again before the Avon Council regarding the 1041 process. Council-thanked Mr. Poeckes for his presentation. Citizen Input: Stage, Sound, and Lighting for the 4th of July Mr. Scott Kirkland of C & S Productions, a resident and owner of a business in Avon, questioned an award of a bid for the 4th of July for the stage,.sound, and lighting. Mr. Kirkland stated he has been a production manager for the town and through ABCRA ever since the 4th of July event started. This year Alastair''., (Alastair Lyall, special event coordinator) asked Mr. Kirkland for assistance in coordination. Quickbeam, out of Albuquerque, had been'used in the past. This year, Mr. Kirkland found two Colorado companies, out of Denver - Dowling Sound and Opera Shop, to produce an improved product. These two companies had been producing the 4th.of July event for KYGO and that event ended this year. The. price is almost the same, within $300, however the quality of the system is•three times over.what Quickbeam has offered in their bid. C & S Productions sound proposal would cover 18,000 people as opposed to Quickbeam's proposal to cover 5,000 people. The Town usually has 10,000 + people attend the 4th of July event. Mr. Kirkland wished the dollars be spent in Colorado, as opposed to New Mexico. Councilor Fawcett questioned cost of bids. Mr. Kirkland stated C & S's proposal is $6,000 and Quickbeam's is $6,296. Quickbeam will be using some of C & S's equipment. Mr. Kirkland noted he, was able to see their bid and added it did not influence his bid. Councilor Fawcett summarized, so your bid is approximately $300 less and your equipment that is proposed is three times better. Mr. Kirkland confirmed and added this is not "over-kill". C & S's proposal is for a higher fidelity system. Last year, Quickbeam's system was peaking out at maximum. Councilor Fawcett asked if Mr. Kirkland was told why his proposal was found unacceptable. Mr. Kirkland stated no. Councilor Fawcett asked if the proposal was given on a timely basis - could it have been delayed for some reason to cause the bid to go elsewhere? Mr. Kirkland did not believe so. Town Manager Bill James understood town staff called Mr. Kirkland to review the proposal received from"Quickbeam to advise if that was a good proposal or not. There was no formal bid process. Last year the ABCRA had used Quickbeam and C & S productions - a shared project. This year staff requested Quickbeam to do the stage and sound and C & S to do the satellite sound system. Staff does not want to create any hard feelings - they still anticipate using both companies. Mr. Kirkland was asked to advise staff on the technical aspects of Quickbeam's proposal. In the process, Mr. Kirkland offered a proposal from C & S productions providing sound and staging, as well as the satellite sound. In all fairness, staff felt it was best to use Quickbeam and C & S productions, as in years past, as there was really no formal bid process.. Staff is more than willing to look at other alternatives next year. Mr. Kirkland confirmed he was asked if Quickbeam's proposal looked alright. Mr. Kirkland added he was also asked if there was another option available. Mr. Kirkland noted the two companies he is proposing to use are going to end up in another' long term venue and we may not have the opportunity to use these companies again for quite a while. 2 Mr. Kirkland added there may have been a misunderstanding with staff and himself - Alastair obviously,.said,if we can do something bigger and better, why not do,that. That is where, Mr, Kirkland came up with,his.proposal. Councilor Carnes asked if this is a done deal for this year. Director of Recreation Meryl Jacobs stated Quickbeam has been told they were awarded the bid. Councilor Carnes asked if we can change our mind. Town Manager James stated he is concerned with Mr. Kirkland being able to see the price of the other bid and Quickbeam has a concern with that, too. Councilor Fawcett asked if Quickbeam's system will be ample. Mr. Kirkland stated it is the same system used for the last six years. Councilor Carnes asked if Mr. Kirkland has contracted with Quickbeam the last six years. Mr. Kirkland stated no, ABCRA contracted with Quickbeam directly. Mr. Kirkland has been involved in the event and has understood the scope of equipment needs of Quickbeam, all,along. Mrs. Kirkland interjected they have hot been involved with the hiring of the sound and lights. They have been involved in the production. Councilor Fawcett asked if there were any problems with what Quickbeam has offered in the past. Mr. Kirkland stated no problems, but it is getting to the point that there isn't quite enough sound and it is a much older system." Mr. Kirkland noted Quickbeam is a very reputable company and is not discounting Quickbeam. Councilor Hines asked if ABCRA went out for bids each year or did they just get Quickbeam one year and decided to stick with them? Mrs. Kirkland thought they went to bid. Mr. Kirkland stated all the reputable sound companies are going to be working on the 4th of July. The larger companies get into a routine such as Red Rocks, etc. It is very rare that an event ends, such'as KYGO. That is why we have the opportunity we have this ,year. Councilor Hines understood staff not wanting to go out to bid and keep things status quo - this is our first year back in special events. There is a perception - with you just being knowledgeable,of the numbers from Quickbeam - that does present .a problem. Councilor Hines stated he would feel uncomfortable with offering it to C & S and felt badly about the miscommunication. Councilor Carnes asked if the town has signed with C & S to do the production work for this year. Mrs. Kirkland stated it is not official. Councilor Carnes recommended to use C & S. Town Manager James felt staff needs to work with them. Councilor Nottingham hated to lose the opportunity for bigger and better equipment and to lose the opportunity to give business to a Colorado company. If any of the situations change, Councilor Nottingham suggested to sign C & S as quickly as possible. Councilor Fawcett agreed. Councilor Carnes asked about contracting for next year.. Councilor Fawcett and Councilor Nottingham agreed to try to tie them up now before it is too late. Mr. Kirkland stated that could be an avenue to look at. Mr. Kirkland will be happy to work with staff - there is no hard feelings. Council thanked Mr. Kirkland for his input. 3 0 11 Second Reading of Ordinance No. 95-8, Series of 1995,,AN ORDINANCE AMENDING CHAPTER 17.20 OF THE MUNICIPAL CODE OF THE TOWN OF AVON TO ALLOW FOUR RESIDENTIAL UNITS PER LOT IN CONJUNCTION WITH BUSINESS OPERATION ASA SPECIAL REVIEW USE IN THE INDUSTRIAL AND COMMERCIAL IC ZONE DISTRICT Mayor Reynolds announced this is a public hearing. 'Town Engineer Norm Wood stated the current zoning code allows one re's'idential unit in conjunction with development as a special review use in the industrial/commercial zone district. The IC zone district is primarily the very west end of Nottingham Road and up Metcalf Road where the warehouses are constructed. This proposed change would increase the allowed residential units from one to four per lot and would still be considered as a special review use. Discussion followed on other lots in the area. Mr. Wood informed there are approximately six lots in that area that are undeveloped - the owner of each lot could apply for a special review. use for up to four residential units. Discussion followed on number of units - where did four come from - where did one come from. Mr. Wood stated four is arbitrary. Mr. Wood stated one was in the original zoning code originally adopted by the town. Councilor Hines asked if four residential units are allowed per lot, do you have to change everything in terms of parking, etc.? Mr. Wood stated that is correct - each project would be considered on its own, due to special review use process. Mr. James stated the whole IC zone district was considered. We didn't want to open the door where they could build 80 units on the remaining lots. Dr. Bryant's request of four units was considered with what impacts it will produce. Four units is probably not a big impact and still has to meet the special review use criteria. This was viewed as an opportunity to create additional housing alternatives. Councilor Carnes questioned the deed restrictions discussed at last council meeting. Mr. James stated staff reviewed deed restrictions with Dr. Bryant. Dr. Bryant plans on renting out the units.and then possibly selling them at a later date. Mr. James, presented the Wildwood Townhome's deed restrictions. Mr. James stated it really involves the town for enforcement. Mr. James noted the town-does not have the mechanism to regulate rents and regulate sale price and re-sale of the units. To summarize, with the location the units are in - being in an IC zone district - there is not much concern for excessive prices. This is a very industrial type use district. The control in pricing will be because of the area they are in and the zoning. Mr. James suggested keeping the town out of the regulation of the rent and'sale of the units. Mr. James added, if Council wishes to regulate, keep-deed restrictions consistent with the Wildwood Townhomes. Councilor Hines stated if we are not going to deed restrict, we may as well strike in "conjunction with business operation". Mr. Wood stated that phrase is to keep someone from coming in and just building four residential units. Mr. Wood noted four is established as a maximum - it can be anywhere from zero to four. Councilor Nottingham motioned to approve ordinance No. 95-8, Series of 1995, on first reading. Councilor Fawcett seconded the motion. Mayor Reynolds called for a roll call vote. 4 The motion carried unanimously. Resolution No.'95-18, Series of 1995, A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR NOTTINGHAM STATION, PUD AMENDMENT NO. 2, A RESUBDIVISION OF LOT 3, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Mr. Wood stated Shapiro Development has submitted a preliminary plat for Nottingham Station PUD amendment #2, which is a resubdivision of Lot #3, Nottingham Station. Previously, Ordinance No. 95-7 approved a PUD for Lot #3. The preliminary plat that has been.submitted provides for-the start of the subdivision process which would allow the subdivision of the land in conformance with the previously approved zoning ordinance. The preliminary plat would create Lot #3, Lot #4, and Hurd Lane -right-of-way-from Avon Road to tie into Eaglebend Drive. It also creates Tract C, which is an open space tract along the Eagle River. In addition to subdividing the land, the preliminary plat outlines the public improvements that will be required in conjunction with the subdivision - in this case, the new road construction from Avon Road to Eaglebend Drive, the installation of water lines, creation-of drainage easements, and requirement for the drainage facilities that would be related to that - it outlines the sewer plans, basically all of the utilities. This -is at a schematic level, with preliminary plans to follow prior to approval-of the final plat, which would complete the subdivision process for this property. Resolution No. 95-18 would approve the preliminary plat for the Nottingham Station PUD subject to a number of conditions, most of which are either already covered in the approval of the zoning ordinance or are required through the subdivision ordinance in the completion of the-.final plat. Conditions are included in the Resolution for clarification purposes. Councilor Hines voiced concerns about conditions #6 and #7, specifically.drainage. Mr. Wood stated all of the conditions will be met prior to final plat approval. Basically what the preliminary plat calls for is completion, through the schematic design stage - taking it far enough that there is a workable solution for the road -that the road alignment can go through - that the drainage can go through - that there is adequate methods of treating the drainage in conformance with the master drainage plan as adopted. All of those then are developed into final construction plans that are submitted as a package - part of the final plat approval. Councilor Carnes asked how long it will take for all of those conditions to be met. Mr. Wood stated the developers are in a hurry and perhaps they could give a better update on their schedule. Ms. Martha Miller stated April 28th is the date set for final enaineerincr drawings to be submitted. Councilor Nottingham asked what the drawings on the walls are. Mr. Wood stated these are the schematics outlining what is to be provided. Councilor-Nottingham voiced concerns about the_soft path - multi-use path - path way lights: Mr. Wood stated"you will not find complete design details on the maps displayed. Councilor Nottingham asked if we could ask that- the lights be the same as our streetscape. Mr. Wood stated we can'ask,that. Councilor Fawcett questioned, regarding Tract C, whether to receive an easement or be granted the land. -If the town accepts tract C they accept certain obligations, in terms'of maintenance and, liability. 5 • E If there is an easement, the developer may maintain the land, while the public has a right of way across the land. Councilor Fawcett asked if staff has taken this into consideration. Mr. Wood stated that has been taken into consideration. Various towns and cities have done both. Under the circumstances given, most towns and cities do try to acquire title to the property rather than just an easement, due to access concerns and maintaining to the town's standards. Councilor Nottingham stated Mr. Spanel thought an easement would 'be OK. Mr. Spanel would rather be in charge of maintaining it. Councilor Nottingham's point, to look into this further, is the restoration of development that have had the effect of destroying the banks of the river and taking them away and degraded them. They are doing restoration west of us now - and the cost of it. If'the town owns it, the town pays for it. If it needs restoration in one decade, two decades, or three decades, I would rather have a homeowner's association be, the first line for those who are financially obligated to take this over. We need to check into this further because if there is ever a financial encumbrance because of something that has happened because of destroying banks, I would like that financial encumbrance to go to someone other than the town. Mr. James agreed and would like the opportunity to check into it further. Mr. James did not have the opportunity to discuss this issue with Mr. Wood prior to the meeting. Councilor Nottingham voiced concerns with the soft path issue - I want to make sure we get to designate what our requirements are rather than negotiate them. Councilor..Nottingham questioned the submittal of subdivision improvement agreement and collateral. For completion of improvement -,does that mean a bond and how much bond is it? Mr. Wood stated that is based upon completion of,the,fina.l - . construction plans - there will be a cost.estimate that.goes with that set of plans that are approved and then the agreement is to cover the cost of that, similar to what we had in Mountain Star. Councilor Nottingham voiced concerns of condition #1 and #7. Councilor Fawcett motioned to approve Resolution No., 9,5-18,, Series of 1995. Councilor Yoder seconded the motion'and the motion carried unanimously. Resolution No. 95-19, Series of 1995, A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF WINTERGREEN TOWNHOMES, A RESUBDIVISION OF LOT 84, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Mr. Wood stated this is a preliminary and final plat combination for Wintergreen Town_homes, which is a five unit townhome project on Lot 84, Block 1, Wildridge. The project is under construction and is being built in accordance with plans that were approved by the P & Z Commission. This plat is in order to allow them to sell the individual townhome units. In that it creates more than four lots, it does require a.preliminary plat approval, in conjunction with a public hearing. The required notices have been posted and mailed. Staff recommends approval of Resolution No. 95-19. Councilor Hines motioned to approve Resolution No. 95-19, Series of 1995. Councilor Nottingham seconded the motion and the motion carried unanimously. 6 New Business: Receive the Annual Audit Councilor Hines motioned to receive the 1994 annual audit. Councilor Yoder seconded the motion. The motion carried unanimously. New Business: Award the Tennis Court Bid Councilor Yoder motioned to award the bid to Elam Construction in' the amount of $214,282.50 and hereby authorize the budget be changed from $221,500 to.$229,212.50 for construction of four tennis courts. Councilor Nottingham seconded the motion and the motion carried unanimously. New Business: Avon Elementary School parking cost breakout Discussion centered on the agreement between the School District and the'Town for shared parking lot expenses and maintenance. Councilor Hines-movedito authorize the Town Manager to expend up to $60,232 for construction of shared parking at the-new Avon elementary school. Councilor Fawcett seconded the motion and the motion carried unanimously. New,Business:- Fencing Eaglebend Drive Director of Municipal Services Larry Brooks displayed a sample of the recommended fencing. It is 6' chain link with inserts. Councilor Nottingham moved to authorize the construction of fencing along Eaglebend'Drive in the amount of $42,600 and - authorize the Town Manager-to amend the budget from $37,000 to $42,600. Councilor Fawcett seconded the motion and the motion carried unanimously. , Other,Business: Citizen Request regarding Eaglebend Drive Mr. Chris Ekrem, a resident living on Eaglebend Drive, stated the fence will be an improvement. Ms. Ekrem voiced concerns about the surface and truck traffic along Eaglebend Drive. Resurfacing is scheduled very soon. Staff will look into restricting weight or limiting truck traffic. Other Business: Council Committee Updates Mayor Reynolds announced that Mrs. Reynolds returned home today and will be recuperating for quite a while. Mayor Reynolds was, very appreciative of everyone's concerns. Councilor Nottingham thanked all the town council applicants for their interest. ,Councilor Nottingham announced the ground breaking for the Avon Elementary"School took place yesterday. Councilor Yoder suggested to establish policy in public meetings where people turn off their pagers and phones. Discussion followed with no final policy or consensus reached. 7 Consent Agenda: Item a.) Approval of the March 28, 1995 Council Meeting Minutes was pulled from the Consent Agenda and discussed. Councilor Nottingham stated she had a correction for the minutes. Councilor Nottingham stated it is page 3. It is more than a correction. Basically, its just a point - I want to make sure that I know was made verbally and I couldn't find it anywhere in our minutes. It is the third paragraph from the bottom, where they were talking about the 22 trees that will be replaced with 2" caliper trees.. And, in looking at another plan that.had been agreed to and guidelined,.it said.3 1/2" caliper trees. Its on page 3 from the bottom, OK:' And,3 1/2 cal'iper trees - and they said oh sure we'll do that and you know if that is what you want - and I did not find that anywhere-in here and ,I want to make sure that that is also part of,-our record. So',-I.don'.t know if you want to make up a sentence and put it in there that says something. But, that was acknowledged, that they would agree to. Discussion followed with to many speaking.at once. Councilor Fawcett wondered if we could change his language. Councilor Nottingham stated he didn't state it. I stated the 3 1/2 that that was part of - in our guidelines. And, he said, that would be fine, we would do that, and then went on to talk about how they were just afraid of the difference in putting equipment in there that would dig a hole for a 3 1/2" caliper versus a 2" caliper tree. Town Clerk Neyhart stated that is in the minutes on page 4, 9th paragraph that starts out, "Mr. Shapiro commented he-has no objection to using larger . Councilor Nottingham interjected .11 to using larger, OK - could we put the 3 1/2" somehow in there so we have it defined? Councilor Hines stated I don't disagree with the discussion with the 3 1/2 but, I thought that they said that going to 3 1/2" entailed having to bring in machinery, whereas a 2" caliper could be done by hand. Councilor Nottingham stated I didn't believe that that was what I understood. I believed I understood just larger, whatever. Not machinery versus hand. Councilor Carnes stated we can't just put words in his mouth. Councilor Fawcett stated the other point is, these comments would indicate that perhaps it is more dangerous to use a larger caliper tree. Councilor Hines stated I thought that was the jest of the discussion, that they gave us at the time. Councilor Nottingham stated I thought that was an excuse. I mean - how do they measure this ,2 1/2 - 2" caliper versus 3 1/2" caliper? OK, so we are talking - tell me a shovel, you know I mean machinery that has to be brought in . Town Manager James stated i remember the conservation. I don't remember the resolution. I ,remember Ken (Mr. Shapiro) got up and said I don't want to argue about the size of the trees and that type of thing. I don't recall the specifics. Councilor Nottingham stated i recall. Councilor Fawcett stated the issue really is which is best. 8 Councilor Nottingham stated I just wanted to make sure that since they had agreed to, in my mind, from my observation, hearing, agreeing to trees that are larger and thus more-mature and giving a better look. Councilor Hines stated I don't think there was any conclusion on that issue and I do recall 3 1/211. Councilor Nottingham stated I cited the guidelines. Councilor Hines stated I remember that, but I don't remember whether we had anything substantialized. I just remember the discussion being that - well, if we had to do 3 1/2, whether they are right or wrong, they said we will have to bring in equipment ~to'dig,the holes. Councilor Nottingham stated I didn't hear equipment, I heard bigger holes - big deal. I mean, we are talking about an inch and a half in maturity of a,tree. Councilor Yoder stated if you remember it being that way, amend it. Councilor Nottingham stated I am going to ask that the minutes be amended to reflect, and perhaps the page 4 citation would be the best place to amend - I don't know, however you want to put it in where he commented there was no objection'to using a larger caliper of tree,.however it produces bigger holes and whatever. Maybe its in the paragraph before where it says Councilor Nottingham felt our guidelines - no that wasn't about the trees. I know I said something about the trees and referred to the guidelines. Town Clerk Neyhart asked how would you like it if I reviewed_ the tape? And, how you would like, that put' in a memo form,-. Councilor,Nottingham stated that'sounds"great CouncilorHines stated yes, please. Town Clerk Neyhart added and then possibly we can review the memo. Councilor Nottingham stated-that-sounds good. Councilor Nottingham stated we can approve the minutes next time (next council meeting). Consent Agenda: b.) Resolution No. 95-20, Series of 1995, A RESOLUTION APPROVING THE FINAL"PLAT, A RESUBDIVISION OF LOT 63, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO c.) Financial Matters Councilor Fawcett motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. Adj ourn : 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 9:17PM. 9 • RESPECTFULLY SUBMITTED: Patty "Ney Town Cler. 10