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TC Minutes 03-11-1997MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MARCH 11, 1997 - 5:30 P.M. A regular meeting of the 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 Jack Fawcett at 5:35 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, David Gilman, Bob McIlveen, Buz Reynolds, Jr. and Judy Yoder present. Also present were Town Manager Bill Efting, Town Clerk Patty Lambert, Town Attorney John Dunn, Director of Municipal Services Larry Brooks, Town Engineer Norm Wood, Police Chief Gary Thomas, Director of Recreation Meryl Jacobs, Fire Chief Charlie Moore, Director of Community Development Mike Matzko, and Administrative Assistant Jacquie Halburnt, as well as members of the press and public. Citizen Input: Director of Recreation Meryl Jacobs introduced the new Special Events Coordinator, Dana Maurer. Citizen Input: Janet Huntoon and Charlette Cole, residents of Wildridge, expressed concerns with a pocket park that had been planned at the corner of Old Trail Road and O'Neil Spur, which has since been tabled due to the higher than anticipated bids. The fill dirt, for building the park, created a dust problem. Ms. Huntoon asked if the area could at least be fenced and seeded. Town Manager Bill Efting noted the Town does have $3,500 in the budget to seed the park. Town Manager Efting suggested starting the process over; having a neighborhood meeting and look at a smaller type park. Ms. Cole asked why this area is being used for storage of trailers. Director of Municipal Services Larry Brooks stated they are not supposed to be up there and they are not allowed in the future. There was temporary approval for one or two days and the person took that as carte blanche to continue to use that as a staging area for his development; that should no longer be a concern. Director of Municipal Services Brooks informed public works will be grading, seeding, and fencing the area this spring. Citizen Input: Jack Hunn, Chairman of Avon's Planning & Zoning commission, discussed Council's decision to over-turn P & Z's denial of final design review for a duplex on Lot 32, Block 1, Wildridge Subdivision. Mr. Hunn suggested that Council made their decision on the basis of different information, than what P & Z had available to them, when P & Z made their decision to deny. That information is the site plan. During P & Z's meeting, P & Z was presented a new site plan that had not been reviewed by the Town Engineer or by Staff. P & Z did not consider that site plan in making their determination to deny final design approval. Mr. Hunn understood that during the appeal hearing, as Council heard the testimony about this case, Council was relying on the new site plan, that was also represented by the model that was presented to Council. There are significant differences between the two site plans. Mr. Hunn continued, there were four other matters that were unresolved at the P & Z level because P & Z denied the project. Those matters remain unresolved in the course of Council's action to over-turn the project. If the project goes into construction, these four issues would not be resolved. They are specifically; 1.) the engineer's review of the ultimate site plan for grading, drainage, driveway grades, retaining walls, encroachments, etc. 2.) the final materials were not resolved at the P & Z level. The application is unclear as to what the roof material is, precisely what the siding would be; and those materials need to be resolved before it goes into construction. 3.) the colors were discussed at P & Z's meeting. The applicant was willing to change the colors if P & Z was inclined to approve it. Since P & Z denied, the colors remain unresolved. 4.) landscaping - in P & Z's review, the applicant was willing to add significant trees to try to screen the perceived image of this house as viewed from below and try to mitigate P & Z's concern which was the house floated above the topography of the site and would appear quite tall. The applicant was willing to put in those trees; P & Z didn't resolve that because P & Z ultimately voted to deny the project. Mr. Hunn requested Council reconsider its decision regarding the matter of Lot 32, Block 1, Wildridge. Councilor Reynolds expressed a conflict of interest, stepped down from his chair, and left the Council Chambers. Mr. Hunn added unless Council reconsiders their motion and at least condition the motion that those four items have to be resolved before a building permit is issued, Mr. Hunn understood that the applicant can go forth and build the project without resolving those issues. They have essentially become issues that have fallen through the cracks, sort of speak. Town Attorney John Dunn stated if there is to be further hearing, which in essence is what Mr. Hunn is asking for, then further notice of that hearing should be given. The notice should be adequate to give the applicant an opportunity to prepare for the meeting. Town Attorney Dunn added the applicant, at this time, has no vested right to proceed with the project and could not have a vested right unless they have received a building permit and taken action based on the building permit. The information, that the Town has, is that has not happened; the permit has not been applied for. Mayor Fawcett asked if Council wished to take some action. Councilor Carnes asked how the motion would be worded. Town Attorney Dunn suggested the motion would be to reconsider the action the council had taken at the last meeting over-turning the action of the Planning and Zoning Commission with respect to Lot 32, Block 1, Wildridge. Councilor Carnes so moved. Councilor McIlveen seconded the motion. Mayor Fawcett asked for a roll call vote. The motion carried with Councilor Benson, Councilor Carnes, Councilor Gilman, Councilor McIlveen and Councilor Yoder in favor and Councilor Reynolds abstaining. Town Attorney Dunn summarized, the matter of the appeal will be on the agenda at the next council meeting. The Town Clerk will send a letter to the applicant indicating that the action of the council taken at previous meeting has been reconsidered and there will be a further hearing. Town Attorney Dunn will review the letter with Town Clerk Patty Lambert. Town Attorney Dunn suggested someone call to give oral notification to them. Ordinances: 2 • • Second Reading of Ordinance No. 97-3, Series of 1997, AN ORDINANCE AMENDING THE BROOKSIDE PUD, LOT 1, EAGLEWOOD SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Director of Community Development Mike Matzko informed the applicant, Resort Concepts, Inc. has requested that the second reading of the Ordinance and the public hearing on the PUD be tabled until they have closed on the property. Matzko added they have no closing date in mind. Councilor Yoder motioned to table Ordinance No. 97-3, Series of 1997. Councilor Benson seconded the motion. Mayor Fawcett called for a roll call vote. The motion carried unanimously. New Business: Avon Road Roundabouts & Street Improvements / Award of Construction Contract Town Engineer Norm Wood informed the Town received two bids for construction of Avon Road roundabouts. The low bid of $3,291,546.50 was submitted by Park Construction Company of Denver, Colorado. The engineer's estimate was $3,499,060 making the low bid lower than the engineer's estimate and within budget. Mr. John Barone, with Centennial Engineering, reviewed references of Park Construction, found good references, and recommends Council award the contract to Park Construction. Mr. Rob DeMiss, assistant to Mr. Cliff Lowe, and Mr. Cliff Lowe, superintendent for Park Construction, were in attendance. Mr. DeMiss stated Park Construction is based out of Minneapolis. Mr. Lowe stated Park Construction has been in business 72 years. Mr. DeMiss informed Mr. Lowe has been with Park Construction 15 years, in Denver. Councilor Yoder motioned to award the contract for construction of the Avon Road roundabouts and street improvements to Park Construction Company, based upon their bid of $3,291,546.50 and subject to execution of contract documents and a submission of required bonds and insurance certificates. Councilor Benson seconded the motion. The motion carried with Councilor Reynolds opposed. Town Attorney Report: Town Attorney Dunn informed the District Court of Eagle County, this morning, entered orders proving stipulations, granting possession of the necessary property for the roundabouts project to proceed. Mayor Report: Proclamation - Girl Scouts' Be Your Best Day March 11, 1997 Mayor Fawcett read the Girl Scouts' Be Your Best Day Proclamation in its entirety. Also, Mayor Fawcett commended Councilor Carnes and Councilor Gilman for representing the Town of Avon in the World Cup ski races. Last year, Councilor Carnes won four races and this year Councilor Gilman won five races. 3 Consent Agenda: a.) Approval of the February 25, 1997 Council Meeting Minutes b.) Resolution No. 97-21, Series of 1997, A RESOLUTION AMENDING THE 1997 BUDGET c.) Resolution No. 97-25, Series of 1997, A RESOLUTION APPROVING THE FINAL SUBDIVISION PLAT FOR CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO d.) Approval of Recreation Center Marketing Agreement with world Ski Association e.) Approval of Intergovernmental Agreement for Plan Review between Eagle County and the Town of Avon f.) Approval of Bellyache II Subdivision Fire Agreement g.) Approval of Agreements with Arrowhead Metropolitan District, Beaver Creek Metropolitan District, and Smith Creek Metropolitan District for contribution for roundabouts h.) Approval of Avon Road Roundabouts / MK Centennial - Construction Management Technical Services Agreement i.) Approval of 1997 Street Repair and Improvements / Award of Construction Contract j.) Financial Matters k.) Letter of Agreement with EMD Limited Liability Company Councilor Benson motioned to approve the Consent Agenda. Councilor Yoder seconded the motion and the motion carried unanimously. There being no further business to come before Council, Mayor Fawcett called for a motion to adjourn. Councilor Gilman moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Fawcett at 6:09 PM. RES Patty Lambe Town Clerk Y SUBMITTED: CMC 4 APPROVED: