TC Minutes 09-10-19910 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 10, 1991 - 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 Jerry Davis at 7:55p.m.
A roll call was taken with Mike Bennett, Charlie Gersbach, John
Hazard, Tom Hines, Gloria McRory, and Albert Reynolds present.
Also present were Town Attorney John Dunn, Town Manager Bill James
Director of Engineering Norm Wood, Director of Community
Development Rick Pylman, Fire Chief Charlie Moore, Police Chief
Art Dalton, Sergeant Gary Thomas, Public Relations Officer Teresa
Albertson, Director of Recreation Meryl Jacobs, Town Clerk Patty
Neyhart, as well as members of the press and public.
The Mayor called for Citizen In-put.
Mr. Howard Gardner, representing the Town of Vail and other
municipalities and special districts with regard to the Berry
Creek 5th Agreement, presented a revised edition of the
intergovernmental agreement. This has been on-going for the past
year and are now hopeful of a final agreement; who is in and for
how much. BerryCreek 5th to be retained as open space as opposed
to development for the purpose of eventually a regional recreation
area. Town of Avon is being requested to contribute approximately
$21,000 annually for the next 20 years. For that contribution the
Town of Avon would then own 10% of the land. The operating
organization would be an Authority consisting of one
representative from each entity. Voting is detailed as 2/3 of the
land ownership plus 51% of the entities involved would be needed
for any considerations. This is a county-wide effort.
Councilman Reynolds questioned that as the land develops, the cost
will increase. Mr. Gardner responded that the land will operate
on its own presently with the rental property that is there. The
master plan cost has been included in the intergovernmental
agreement. Monies for development do not have to come from the
entities purchasing the land. An outside entity may provide the
money to develop and maintain recreational facilities. However,
the Town of Avon would have the opportunity of building
recreational facilities on the land as well. As the land develops
the Authority may employ a staff with the hopes of generating
revenues. The Authority may not hire employees or spend monies
without 2/3 of the participants, plus a majority of the
boardmembers.
The following entities have agreed to participate; Eagle County
(have expressed participating at a larger amount), BerryCreek
(have discussed participating with a larger amount if needed to
keep the project alive), Arrowhead (met this morning and Mr.
Gardner is under the impression that Arrowhead is agreeable),
Eagle-Vail, and Beaver Creek.
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Purchase price of land with carrying costs is $2.1 million for 105
acres.
There is no legal requirements for any housing under the
Authority.'
Town Attorney, John Dunn added that with the revised'.agreement it
corrects any questions regarding paragraph 8/voting.
There is always the possibility that some entities shall decide
the Authority should invest in the development of the land which
would require a financial commitment from all the participants..
The infrastructure to build roads and install utilities is
approximately $2 million at present costs:
Mayor Davis thanked Mr. Gardner for his presentation.
Further discussion will follow under Un-Finished Business.
Next item under Citizen In-put was Colorado West Professional-
Center's request for 1992 funding presented by.Mir. Ken Stein,
Director. Mr. Stein thanked Council for past contributions. He
added that the mental health center provides mental health and
drug and alcohol counseling at both ends of the County. The funds
that the Town has given has provided services to residents of Avon
who are underemployed or underinsured and help operate the Detox
holding fac',ility in Avon. The Town.has contributed for the last
two years $2,000 annually and Mr. Stein is requesting an increase
of $3,000 f'or 1992 or at least maintain the current level.
Mayor Davis,informed that we are in the budget process presently
and.will take Mr. Stein's request into consideration. .
Next item under Citizen,In-put was.the*Avon Merchants Association
(AMA) celebration of "Naming The Bridge". 'Mr. Richard Carnes,
Chairman of the AMA, presented to Council the top three names
(from approx. 85) which were "Avon Crossing", "Del Mayne_•,,,
Crossing", and "Bob"-,." The winner for , naming the bridge, i,ll>
receive a $200 gift certificate.
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Mayor Davis opened the meeting for citizen in-put. Mr. Jim Wear,
member of the Beaver Creek Metro Board stated that on his behalf
he liked the name "Bob".
Mr. Carneslstressed this is just a nickname; an unofficial name
for the bridge.
Councilman Gersbach asked if anyone present opposed the name Bob.
No one expressed opposition.
Councilman Gersbach motioned that the new bridge be nicknamed
"Bob" and to leave the door open to change the name in the future
if it seems';appropriate.• Councilman Bennett seconded motion.
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Mayor Davis' entertained a vote on the motion. The motion carried
with Councilwomen McRory and Councilman Hazard•opposing.
There being no further Citizen In-put, the Mayor closed that
portion of the Agenda.
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Second Reading of Ordinance No. 91-16, Series of 1991, AN
ORDINANCE AMENDING CHAPTER 17.24 MUNICIPAL CODE OF THE TOWN OF
AVON RELATING TO PARKING REQUIREMENTS FOR MEDICAL OFFICE USE.
Rick Pylman stated this is the second reading of this Ordinance
which was approved by Council two weeks ago and two weeks before
that a recommendation for approval was made by the Planning and
zoning commission. The Vail Mountain Medical PC has applied to
change the municipal code, section 17.24.020C5A concerning parking
spaces for medical offices from 8 parking spaces per 1000 square
feet of gross floor area to 5 parking spaces per 1000 square feet
of gross floor area.
During staff research they found that the Town of Avon parking
requirements are overly restrictive. The request as above is
still restrictive but more in-line with national standards. This
recjuest will apply to any medical office in the Town of Avon,
existing or future.
Mayor Davis opened the meeting for public hearing.
James Robert Wear, on behalf of the Vail Mountain
reiterated that Avon is more restrictive than any
has found in the area and Colorado. The proposed
per 1000 square feet of gross floor area is still
some. This is not a specific site request but an
zoning code for the entire Town.
There being no one else wishing to be heard, the
public hearing.
Mayor Davis called for a motion.
Medical,
other area he
5 parking spaces
restrictive to
amendment to the
Mayor closed the
Councilman Bennett moved adoption of Ordinance 91-16, series of
1991 on second reading. The motion was seconded Councilman
Reynolds.
Mayor Davis entertained a roll call.
Those Councilmembers voting aye were John Hazard, Tom Hines,
Gloria McRory, Albert Reynolds, Mike Bennett, and Charlie
Gersbach. There were no nay votes. The motion was unanimously
carried.
Resolution No. 91-24, Series of 1991, A RESOLUTION APPROVING A
FINAL SUBDIVISION PLAT AND CONDOMINIUM MAP OF SONNEN HALDE
CONDOMINIUMS, PHASE II, LOT 8, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY.
Rick Pylman stated the Sonnen Halde is a total 16 unit complex
with the first building of 8 units completed last summer, and the
second building of 8 units just recently completed with
landscaping going in now. Staff has reviewed the final plat and
condominium map with all corrections made, and is in conformance
with our regulations. It is recommended for approval by the Town
Council.
Mayor Davis called for a motion.
Councilman Reynolds moved approval of Resolution No. 91-24,
Series of 1991 and was seconded by Councilman Bennett. The motion
was carried unanimously.
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The Council then recessed at 8:55p.m. and reconvened at 9:10p.m.
Next was Unfinished Business.
Bill James stated that, with regard to the Berry Creek 5th
intergovernmental agreement, basically Vail has veto power. Also
still questioned is the formula of the 60% to Vail, 10% to Avon,
10% to Eagle County, etc.; how they came up with those figures.
Town Attorney, John Dunn mentioned that his firms comments have
been distributed by Larry Hartlaub. John added that he has no
particular problems with it if Council wishes to participate.
Discussion followed.
Mayor Davis called for a motion.
Councilman Reynolds moved approval to participate for 5%.
Councilman Bennett seconded the motion. The motion was
unanimously carried.
Councilman Gersbach moved to instruct staff to enter into the
intergovernmental agreement with the stipulations that we have the
right to withdraw our participation if any of the seven
participants mentioned on page two withdraw or change their
support and to request that the agreement include the amount of
fair market value and to participate at 5%. Councilman Bennett
seconded the motion. The motion was unanimously carried.
Next was the Mayor's Report.
Mayor Davis mentioned that City Market is having their Ribbon
Cutting Ceremony tomorrow at 8:30am.
Mayor Davis invited everyone to the Council Breakfast next
Wednesday, September 18th at 7:45am and 7:00pm. Discussion will
include the Streetscape and Urban Design Plan with Russ Butler
Next was Other Business.
Bill James asked Council to meet for a Worksession next Tuesday,
September 17. The meeting will be scheduled for approximately
3:00pm at the Hyatt. Town Clerk will notify Councilmembers of
exact time and room at Hyatt.
Bill James informed Council of the policy in dealing with the
press. When Department Heads are available they will speak with
the Press. However, when they are not available, Public Relations
Officer Teresa Albertson will handle their requests. We are not
withholding information or limiting access; in this regard we wish
to give them correct information the quickest way possible.
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The Financial Matters were next presented to Council.
Councilwoman McRory moved to receive items #1 through 11 and
approve items #12, #13, and #14. The motion was seconded by
Councilman Bennett and was unanimously carried.
Councilwoman McRory moved approval of the August 27, 1991 minutes
as presented. The motion was seconded by Councilman Bennett and
was unanimously carried.
There being no further business to come before the Council,
Councilman Gersbach moved to adjourn. Councilwoman McRory
seconded motion and the meeting was adjourned by Mayor Davis at
9:43 p.m.
RESPECTFULLY SUBMITTED:
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Patty Ne art Town Clerk