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TC Minutes 04-25-1995i MINUTES OF THE.REGULAR MEETING OF THE TOWN COUNCIL HELD APRIL 25, 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 7:39PM. 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, Director of Community Services Mike Matzko, Police Chief Gary Thomas, and Director of Municipal Services Larry Brooks, as well as members of the press and public. Newly appointed Councilmember Jim Benson was sworn in by Judge Buck Allen. Councilor Benson took his seat on the bench, along side his peers. Citizen Input: Better Business Bureau Ms. Ann Cathcart,-executive director of the local Better Business Bureau, informed the Better Business Bureau exists for three reasons; to provide information to a community about someone before you make a purchase, protection from unscrupulous businesses, and resolution via mediating disputes and complaints. Ms. Cathcart stated the Town of Avon may join for $290 yearly, which would offer all,employees, whether full time or part time, access to the Better Business Bureau services.. Ms. Cathcart is accepting applications for the fifty charter memberships. The advisory committee, from the charter memberships, will approve all the members. Councilor Nottingham motioned to proceed with the application process for the Better Business Bureau. Councilor Hines seconded the motion and the motion carried unanimously. Citizen Input: Update on Bobfest Mr. Tom Britz gave an update on the Memorial Day event; Bobfest. Mr. Britz_stated it looks like this is going to be the best Bobfest ever,and proceede,d;to back that.statement-up by outlining the scheduled events for the'two days. The highlight is that,the U.S. Bobsled Federation is bringing their Olympic tryout event to Bobfest. Mr. Britz noted Bobfest has been excluded from all of the Vail Valley Marketing Board's advertising. Citizen Input:, Appeal of P & Z Decision of March 21, 1995 / ,Siding / Lot 79, Block 1, Wildridge Subdivision Mr. Jeffrey A. Cohen stated he is appealing to the Council to. over rule P & Z's decision on the siding. Mr.. Cohen felt the siding-submitted followed the guidelines, per the regulations, issued by the Building Department for design review submittals. Mr. Cohen displayed a sample of the hardboard siding. There is precedent already set - a unit across the street from Mr. Cohen's uses a type of hardboard siding and the small Victorian homes around the corner have a similar siding already installed Mr. Cohen noted P & Z did mention a concern of peeling paint. 0 • Mr. Cohen suggested it was not the product used; it was the paint job performed. Mr. Cohen added the manufacturer states this particular product is resistant to paint peeling in its performance. The regulations encourage high quality, durable, low maintenance building materials and sidings. No where in the regulations does it talk about disallowing hardboard siding. Denying the use of this product produces a financial hardship for Mr. Cohen. Mayor Reynolds asked Mr. Cohen why he was not present at the P & Z meeting. Mr. Cohen was not aware that this was actually going before the board. Mr. Cohen stated he was asked to bring a sample to the Building Department, which he did the next day. It wasn't until Mr. Cohen received the denial that he found out it actually went before the P.& Z for review. Councilor Fawcett question if there was any indication that it was going to be reviewed for acceptance or rejection when Mr. Cohen brought the sample in., Mr,. Cohen stated-it wasn't his understanding it was going to be a formal review at,the"P & Z. Mr. Cohen thought it was going to be something done in-house with the Building Department. Councilor Fawcett asked Mr. Cohen if all other conditions, as stated, have been met. Mr. Cohen stated all conditions have been met. - Mr. Cohen reiterated he did not realize it was a formal presentation or he would have been there to defend the product. Councilor Fawcett stated normally he would defend the P & Z as they spend alot more time on siding issues. However, Councilor Fawcett voiced concern if Mr. Cohen was not notified of the P & Z review. Mr. Cohen noted it was probably a misunderstanding. Mr. Cohen was notified of all the other submittals - Mary would call and Sheila called for one of the meetings. Mr. Cohen did not get that type of call on this. Mr. Cohen feels that if presented properly, the siding would have passed review. Councilor Carnes asked, besides the peeling paint, does anybody have any idea why P & Z denied it? Mr. Cohen stated, no. Mr. Cohen stated the peeling paint was the only issued raised to him. Councilor Nottingham asked Mike Matzko, Director of Community Development if there are minutes from the meeting that the siding was looked at and Mr. Cohen wasn't there - we do not have any thing like that in our packet and this would help us with some clarification. Mr. Matzko agreed there is some room for clarifying in the Department's letter, to the applicant, about the P & Z decision. The design guidelines for.Wildridge specifically prohibit this. The minutes state the proposed siding does not fit with the established character-of Wildridge. Councilor Nottingham asked when those were written. Mr. Matzko stated the guidelines that Mr. Cohen is referring to a different set of guidelines that are actually part of the covenants of Wildridge Subdivision. They were written in 1979; these guidelines-that Mr. Cohen has were written in 1981/82 and are general design guidelines. Councilor Nottingham stated she is confused - why do we have.two sets? Councilor.Fawcett interjected one is the covenants and one is the town's. Mr. Matzko.stated he is aware of at least three sets of design guidelines - specifically to Wildridge Subdivision, general for the Town, and then your downtown design guidelines. Councilor Carnes asked, so the covenants allow it, but the town doesn't? Mr. Matzko stated the reverse. The town doesn't specifically allow it - the Wildridge covenants specifically prohibit it.' 2 Councilor Fawcett questioned would you"say the town doesn't specifically allow it or would'it be better said they don't specifically prohibit'it?' Mr. Matzko stated both are true - they leave that question open. Councilor Fawcett stated well if they don't specifically prohibit.it, you could make"the assumption they might allow it. Mr: Matzko thought that to'be-fair. Councilor Hines asked,..that.product is. used,across the street? Mr. Cohen stated "a,'similar product, not-this-one in particular but, it is.a hardboard product. The=four-plex unit across the street was built last summer. Discussion followed on the hardboard siding product and the peeling paint issue. The peeling paint is on the Victorian. Mr. Cohen stated he didn't realize there were two sets of guidelines. Mr. Cohen based what he-designed on the guidelines given to him by the Building Department. If there are guidelines disallowing the siding, they are not issued through the Building Department. Discussion followed on the covenants. Mr. James noted it is not the responsibility of the town to provide protective covenants. Councilor Hines stated based upon our guidelines, there does seem to be latitude for the allowance of this type of material. There is-nothing that specifically states that it is disallowed. Councilor'Carnes interjected, and that is the guidelines we gave you? Mr. Cohen stated, right. Mr. Matzko.stated the general guidelines are more permissive than the Wildridge covenants. Councilor Fawcett stated because this gentleman was not represented and was not given notice, at least that is what he has indicated- that he didn't get a call from Mary Holden, as he had in the past- that perhaps we should remand this back and let him make his argument before our P & Z and see what happens. Mayor Reynolds asked if that was a motion. Councilor Fawcett said, "so moved". Councilor Yoder seconded the motion. Mr. Cohen requested to get on the next P & Z agenda. Mr. Matzko stated Mr. Cohen will get on the agenda as soon'as'possible. Councilor Nottingham voiced concerns of outdated guidelines as far as products that are available today and the technology. Councilor Nottingham "again asked for minutes'of the P & Z meeting and/or other information from the meeting. Mr. Matzko apologized" for the lack of the information. Mr. James interjected that Mr. Matzko was ill last week. Mr. Matzko will copy the minutes off and get them to"Council. The motion carried unanimously. Councilor Nottingham motioned to refund the $50.00 appeal charge. Councilor Hines seconded the motion and the motion carried with. Councilors Fawcett and Yoder opposing. Unfinished Business: TCI Cablevision / Franchise Term Extension Mr. James informed Mr. Stan McKenzie, from TCI Cablevision, is requesting"an extension to negotiate-the cable franchise term agreement for another 120 days. That would take us up to September 1st. The original franchise agreement with the Town expired on December 21st. Discussion centered Council's consensus taken care of. on 90,day versus 120 day extension' was to send a stronger message to get this 3 • • Councilor Hines motioned to extend the franchise term extension from the deadline of April 30, 1995 for a period of-90 days from that date. Councilor Yoder seconded-the motion and the motion carried unanimously. Citizen Input: Lot C / Lodging Facility Mr. Dave Nelson, manager of the Comfort"Inn, mentioned"the lodging facility.proposed for Lot C.• Mr. Nelson thought a convention hotel or'conference facility"would best fit the town in trying to meet the vision statement and goals, as mentioned in the comprehensive plan. Council expressed agreement with Mr. Nelson's thoughts. Mayor Reynolds thanked Mr. Nelson for his interest. New Business: Town of Minturn / Transporation Request Mr. James stated Minturn has requested Transporation assistance for.the Independence day festivities. Mr. James estimated, to provide 2 busses and 1 people mover between 3:00pm-12:00pm, it would cost approximately $1,000 (at $35/hour). Mr. Tom Waggonlander, Fire Chief of Minturn, stated special events-has been a roll-a-coaster as far as making money. Last year, they made money - year before that, they lost money. The $3,000 made last year went to repair the fire engine the Town of Avon gave them. The Minturn fire department has bank rolled Minturn's special events. Councilor Fawcett asked, since they made money last year, would they be willing to reimburse the Town of Avon if`they made money this year and - if you don't, it is obviously an in-kind donation. Mr. Waggonlander stated yes. Councilor Hines stated I would like to see us do this. I commend Minturn and everybody involved for trying to address the problem that you have in terms of providing transportation, trying to get rid of the gridlock that you have within your community. I'd kinda like to see us do it and just follow up on Jack's (Councilor Fawcett's) comment - if there happened to be any, any proceeds that go beyond your bottom line, maybe you could reimburse us. Mayor Reynolds asked if that was a motion. Councilor Hines said; "so be it". Councilor Fawcett seconded the motion. Councilor Yoder asked for clarification - that we will donate but, if they show a profit, they will reimburse us? Councilor Hines stated yes. Councilor Fawcett noted up to $1,000. The motion carried unanimously. New Business: A & P Amended Contract Mr. Gary Meredith presented an amended construction contract for the Avon Recreation Center between the owner, the Town of Avon and the design/builder, Adolphson & Peterson. The amended contract extends the substantial completion date from April 25, 1995 to August 15, 1995; it establishes'a responsibility for the delay on the design/builder Adolphson & Peterson; and it provides for the design/builder to reimburse the owner for the construction management fees provided for Architectural Resource Consultants from June 1, 1995 to 35 calendar days beyond substantial completion. Discussion followed on definition of "substantial completion". 4 Councilor Fawcett suggested deleting a portion of the last sentence in the last'paragr'aph. Strike, "or-as mutually agreed between the Design/Builder and the Construction Manager" and leave stand the sentence, "This cost is not to exceed $2,044.50 / week for extended construction services and housing": Discussion followed on substantial-completion., Mr. Meredith explained the TCO occurs prior to substantial completion and the CO.occurs after substantial completion. Councilor Hines motioned to approve the contract clarification #2 for the AIA-A191 Part Two Agreement and amend the first paragraph, last sentence to read, "substantial completion will be defined as TCO." And, then strike from the last sentence in the third paragraph - following "housing"; place a period and strike everything after "housing". Councilor Nottingham seconded the motion and the motion carried unanimously. New Business: Change Order #4 / Recreation Center Mr. Meredith presented for approval Change Order #4. Change Order #4 is comprised of three items. First item is the addition- of a 3" water meter for the pool fill to measure the water going into the pool separately from the domestic-water for $3,194. Second item is the cost of an additional floor mat with the town logo for $1,402. The third item is the stamped colored concrete in the lobby floor for $13,604. Change order #4 adds a total of $18,200 to.the contract. Councilor Yoder motioned to approve Change Order #4. Councilor Nottingham seconded the motion and the motion carried unanimously. New Business: Flag Poles at Avon Entrance Sign Mr. James stated we have budgeted $8,000 for flag poles to be installed at the Avon entrance sign. Staff figured for three poles. At Council's direction, Staff is now submitting figures for four installed flag poles. The cost for three was $9,673; the cost for four is $13,514. The four poles are for the United States, Colorado, Avon, and Beaver Creek. 'Mayor Reynolds added that Mr. Kent Myers has agreed to pay 30t. Mr.. James will present a budget amendment with Beaver Creek's payment deducted. Discussion followed on placement of flag poles and trees. Councilor Yoder motioned to not exceed $13,514 and to have the approval of Arts Council for the design of where the trees and flags go. Councilor Nottingham seconded the motion. Councilor Fawcett amended the motion to not exceed two weeks (for the Arts Council's design decision). The motion carried with Councilor Carnes opposed. Other Business: Council Committee Updates Councilor Nottingham mentioned an invitation from the City of Aurora to attend a dinner on May 6th. Councilor Nottingham'motioned-to have Bill James and the Staff research the guidelines for river set back from the current 30' from the high water line to the previous 50' requirement. Councilor Hines seconded the motion. The motion carried'- } unanimously. 5 Councilor Hines commended Town of Avon staff and past and present councils for all that is accomplished from year to year. Councilor Carnes attended the Vail Valley Tourism and Convention Bureau meeting last week. They are looking at relinquishing all chamber functions and supporting ABCRA at becoming a valley wide chamber of commerce. VVTCB would then concentrate on marketing. and reservations. More information will be forth coming. Councilor Hines mentioned a Transportation Meeting, May 10th. Councilor Nottingham noted the hallway is done and wondered if we came in under the $11,000 budget. 'Consent Agenda: Item d.) Financials was pulled from the Consent Agenda and discussed. a.) Approval of the March 28, 1995 Council Meeting Minutes, with the additional transcript included on Page 4, paragraphs 6 and 9. b.) Approval of the April 11, 1995 Council Meeting Minutes c.) Resolution.No. 95-21, Series of 1995, A RESOLUTION AMENDING THE 1995 BUDGET Councilor Hines motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. Item d.) Financials: Councilor Nottingham motioned to approve the financials. The motion was seconded by Councilor Fawcett,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 Yoder- moved to adjourn. The motion was seconded by Councilor Fawcett. The meeting was adjourned by Mayor Reynolds at 9:54PM. PECTFULLY SUBMITTED: Patty Neyka) t , Town Cler 6 •