TC Minutes 09-24-1991i
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 24, 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 7:36p.m.
A roll call was taken with Mike Bennett, Charlie Gersbach, 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 Municipal Services Larry
Brooks, 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.
First item was a Public Hearing on the proposed Streetscape and
Urban Design Guidelines. Bill James stated that we have had two
public meetings and we would like to receive additional public
input so we can submit to Council a final draft. Various
architects are reviewing the Urban Design Guidelines and their
comments will be included in the final submittal to Council. Rick
Pylman gave a brief history and description of the Streetscape and
Urban Design Guidelines. He mentioned that in 1990 the Council
adopted a Comprehensive Plan addressing further definitions for
1.) Zoning Codes; 2.) Transportation Master Plan; 3.) Streetscape
Plan; 4.) Architectural Control Guidelines; 5.) Recreation Master
Plan; and 6.) Housing Plan. Two of these (Streetscape Plan and
the Architectural Control Guidelines) are being address now. Mr.
Pylman displayed drawings and maps from the consultant, EDAW, and
did a review of such for the Streetscape Plan. Mr. Pylman
encouraged people to read the Design Guidelines Booklet (available
at the meeting) for further information on the architectural
control guidelines being proposed.
Mayor Davis opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Mr. Pylman stated that a Resolution will be presented at next
Council meeting.
Next item under Citizen In-put was the BerryCreek 5th
Intergovernmental Agreement. Mr. Howard Gardner reaffirmed that
the Town of Avon had at last Council meeting agreed to contribute
5%. He has since met with other participants and has the
following agreements: Town of Vail = 60%, Eagle County = 11%,
Eagle-Vail = 6.5%, BerryCreek = 6.5%, Beaver Creek = 5%, and
Arrowhead = 5%. He is short 1% and is requesting the Town of Avon
to increase from 5% to 6%. A single percentage point is
approximately $2,400.
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Regarding the Miller Property Right Away, Mr. Gardner understands
that the owner of the BerryCreek 5th need only supply the
easements and the Miller Property owner would need to provide the
road. Location of easements would be the preference of the
BerryCreek 5th owner. Mr. Gardner added that it will be the
Authority's intent to develop a master plan within the first year
for the BerryCreek 5th property.
Mayor Davis called for a motion.
Councilman Bennett moved that the Town of Avon increase
participation of 5% to 6% subject to provisions in the original
motion made two weeks ago. Councilman Hines seconded the motion.
The motion carried with Councilman Reynolds opposing.
Mr. Gardner requested that we elect a Boardmember for the
Authority. First meeting will be in November and Mr. Gardner
will notify new boardmember.
Next item under Citizen In-put was a request for 1992 funding for
We Recycle. Mr. Mauri Nottingham gave summary of services
performed. First eight months of this year, 825 tons of
recyclables have been collected. We Recycle is basically
operating a collection service. Most dollars are expensed on
trucks, drivers, and gasoline. Mr. Nottingham is requesting most
money from the County and is requesting $10,000 from the Town of
Avon.
Next item under Citizen In-put was a request for 1992 funding for
the Salvation Army Holiday Food Drive. Alicia Pellerito stated
that this program offers holiday meals to needy families who
otherwise would not have one. Ms. Pellerito is requesting funds
from Town of Vail, Town of Minturn and in-kind services from Eagle
County. Ms. Pellerito is requesting $500 from the Town of Avon.
Next item under Citizen In-put was a request for 1992 funding for
the Salvation Army.Adopt-A-Family. Alicia Pellerito stated that
this organization is a coordination of individual(s)/families that
have and wish to help families that have not. Most funds have
been received in the past from individual contributions, via the
press, which also has been donated. More cash funds are needed
and Ms. Pellerito is requesting $1,000 from the Town of Avon.
Next item under Citizen In-put was a request for 1992 funding for
Echo Ranch. Tsu Wolin-Brown and Patti Dixon presented a video
tape from Channel 4's Wednesdays Child of a success story from
Echo Ranch. The subject spent two years at Echo Ranch going thru
therapy and was successfully adopted at the age of 14. Length of
stays at Echo Ranch varies tremendously, depending on
circumstances. Echo Ranch is licensed to house 10 children, plus
1 emergency case. Ms. Wolin-Brown and Ms. Dixon are requesting
$2,000 from the Town of Avon.
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Next item under Citizen In-put was a request for 1993 funding for
the Mountain Man Triathalon. Mr. Ted Martin is requesting these
funds be dispersed from the 1992 budget. February, 1992
represents the 10th Anniversary. As in the past, they will
produce a one-hour nationally syndicated cable sports special.
This show is seen by somewhere between 16-24 million people around
the country. Mr. Martin is requesting $8,000 from the Town of
Avon.
Next item under Citizen In-put was a request for 1992 funding for
Drug Free Eagle Valley: Marka Moser informed that the
organization has been in existence for approximately 2 years.
They are an umbrella organization and include D.A.R.E.
representatives. They are basically a coordinating agency so that
area groups' efforts are not duplicated. They are instrumental in
Project Graduation. Colleen Corcoran mentioned they have
requested state funding but also need the local support. They
provide information and presentations to schools, churches, etc.
Ms. Moser and Ms. Corcoran are requesting $2,500 from the Town
of Avon.
Next item under Citizen In-put was a request for 1992 funding for
Eagle Valley Child Care Task Force. Nancy Nottingham mentioned
that the Task Force was formed two years ago to identify child
care needs in Eagle County. Four primary needs were identified:
1.) more day care spaces available, 2.) be able to lower cost of
day care, 3.) be able to get information to parents moving into
the area and 4.) train existing child care providers. Funds were
spent towards scholarships thru Colorado Mountain College to
address the training of existing child care providers. Also, two
seminars are scheduled to get information out to businesses on how
they may take steps to help with/provide child care. Bulk of
funds to be spent as part of a resource and referral network;
KIDSLINE. Ms. Nottingham is requesting $1,500 from the Town of
Avon.
Next item under Citizen In-put was a request for 1992 funding for
Resource Center. Cherie Paller stated that the Center has decided
to resurrect the Buddies Program; Big Brothers and Sisters along
with the other services. The Crisis Intervention services is
doing approximately 800 calls now and this service will be
continued thru volunteer efforts. The Community Nonprofit Network
(CNN) will be doing newsletters, Volunteer of the Week column in
the local newspaper and serves as a community register of all
nonprofits in the valley. Ms. Paller is requesting $2,500 from
the Town of Avon.
Next item under Citizen In-put was a request for 1992 funding for
Channel 23. Ms. Jeane Noe, program manager for Channel 23 and
producer of Vail Valley Sunday Program, mentioned that the Sunday
Program is a community talk show featuring Tony Mauro in its
fourth season. They are funded partially thru franchise fees and
from the Towns. Community sponsors are asked to held offset
production costs. Ms. Noe is requesting $500 from the Town of
Avon.
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Next item under Citizen In-put was a request for 1992 funding for
Vail Jr. Hockey Club. Mr. Craig Denton stated there are
approximately 160 kids and the Club is trying to keep fees down by
requesting assistance from various entities. Even though Vail
Recreatioh'District charges the club 1/2 price'($60/hr) for ice
time, the fees collected from the kids do not cover expenses.
Also, the-District may increase the ice time rate or they may
request a different fee schedule for kids living in Vail due to
their tax base and do not want to subsidize kids living in Avon
and Eagle-Vail. There are approximately 63 kids in Eagle-Vail, 61
in Vail, 28 in Avon, and 10 in Edwards. Program lasts from
October to April, two to three nights per week. Fees range from
$175 for 4, 5, & 6 year olds, up to $375 for high school kids.
Mr. Denton is requesting $1,200 from the Town of Avon.
The Council then recessed at 8:55p.m. and reconvened at 9:10p.m.
Next item under Citizen In-put was the Avon/Beaver Creek Resort
Association.', Mr. Stu Weiss, from the Board of Directors, stated
that the functions of the Association are; 1.) special events, 2.)
chamber functions, and 3.) information services. The Association
coordinated 12 special events, including two new ones this year of,
a horse showland a jazz festival. Chamber functions included ten
business after hours; quarterly newsletters, three luncheons, two
business seminars, and representatives to other organizations in
the area. For information services, they distribute various area
maps and brochures and will have an on-going video on the Town of
Avon, and wil"I be,a booking service. The Association is now
negotiating with two major companies that have computer-booking
services in the area and will be able to book events and
facilities for people that come into the center. Mr. Weiss is
asking for'$158,000 from the Town of Avon, an increase of $9,000
from last year. This additional money is basically to run the
information center the whole year instead of just part of the
year. For special events and chamber functions there is no
re ested increase The Association budget is broken down with
15 to special events, 25% to chamber services, and 16% to the
information center. Mr. Weiss added that they have some time
constraints in acquiring funds due to contracts needing,to be
signed for the information center computer and personnel positions
needing to be;;filled. Mr. Weiss asked Council to appropriate the
Association's budget earlier rather than later. Again, Mr. Weiss
is asking for;$158,000 from the Town of Avon.
Mr. Weiss mentioned that the information center computer system
is being negotiated with both the Vail Resort Association and the
Activities Desk to be installed in the Association's office to
book activites. In both proposals there is a charge for the
system which includes the personnel to run it. Part of the $9,000
additional request is for this computer system.
Mr. 'Weiss added that funding comes from Town of Avon,
memberships, sponsors, and donations. Vail Associates donates
approximately;i$4,500, plus in-kind services.
Mr. Weis would like to see Avon Merchants Association combine as
one with the Resort Association.
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Mr. Weis mentioned that should the Town of Avon decide to
coordinate the special events and relinquish the Association's
part, the Association may loose some members. The information
services and chamber functions would continue to grow. With
special events being 58% of the Association's budget, it is not
the only part of the budget and the Association would continue to
function. The Association would be willing to help with
concessions or work with the Town in various services.
Next item under Citizen In-put was Mr. Rich Phelps with the U.S.
Forest Service. Mr. Phelps informed that the White River
National Forest is conducting an oil and gas leasing analysis.
This analysis is required by the 1987 Federal Onshore Oil and Gas
Leasing Reform Act. This survey is being conducted to determine
the suitability, potential, and availability of forest service
lands for lease for the exploration, development, and production
of oil and gas. Mr. Phelps mentioned that there is a possibility
of 5 wildcat wells to be in the Town of Avon/Town of Vail area.
Mr. Phelps requested to come before the Council at a Worksession
in Mid-November.
There being no further Citizen In-put, the Mayor closed that
portion of the Agenda.
Resolution No. 91-25,,Series of 1991, A RESOLUTION APPOINTING A
TOWN CLERK, PATRICIA A. NEYHART.
Mayor Davis called for a motion.
Councilman Bennett moved approval of Resolution No. 91-25, Series
of 1991 and was seconded by Councilman Reynolds. The motion was
carried unanimously.
Next was Unfinished Business.
Rick Pylman led discussion of abandoned foundation on Lot 46/47,
Block 1, Benchmark at Beaver Creek Subdivision. In March of 1981
the Town of Avon issued a building permit for what is now the
abandoned foundation at the east end of the Chambertin Project.
The last building inspection that the Town performed was August,
1981. In March, 1982 the Town declared the building permit
expired. In 1986/87 the foundation was purchased by the current
owners and as recently as August, 1990 the Planning Commission
granted a fractionalization and design review approval for 8 units
called the Mountain Resort Condominium Project. That approval has-
a two year time frame, thus is valid until August, 1992. In
December, 1990 the Town issued a notice of violation which is a
declaration of abandonment of a building. In February the Council
addressed, at a hearing, that if the building permit was not
pulled by September, 1991, the owner was to appear before Council
with an update of the project and a privacy fence was to be built
around the front of the foundation. This being the end of
September, the property owner was asked to come before Council.
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Mr. Pylman added that there is a clause in the Municipal Code of
the Town that allows the Town to declare a building abandoned and
within a 60 day time frame, if no extensions are granted, abate
the nuisance/tear it down and lien the property to recover costs
associated with the removal of the foundation.
Mr. Thomas Weber, representing his wife who is part owner of the
property, stated that they have a potential buyer for the
property. Mr. Weber requested a 30 day extension to finalize the
purchase. If the property is not purchased Mr. Weber will see to
it that the foundation is covered and fenced. Mr. Weber is
selling a completed building, not just the property; design review
has been approved. The plan is for 8 units; 2-three bedrooms of
13,00 sq.ft. each, 4-two bedrooms of 850 sq.ft. each, and 2-one
bedrooms of 450 sq.ft. each.
Mayor Davis called for a motion.
Councilman Reynolds motioned extension to second Council meeting
in October. Councilman Hines seconded the motion. The motion was
unanimously carried.
Next was New Business.
Rick Pylman stated that the Applicant has requested tabling the
Public Hearing on Preliminary Plat Sunroad Subdivision-First
Amendment.
Mayor Davis called for a motion.
Councilman Bennett motioned tabling at the request of the
applicant the Public Hearing on Preliminary Plat Sunroad
Subdivision-First Amendment. Councilman Reynolds seconded the
motion. The motion was carried unanimously.
Next was Town Attorney Report.
John Dunn asked Council to adjourn into Executive Session
following meeting to discuss Nexus Financial Programs.
Next was Other Business.
Bill James asked Council to meet for a Worksession tomorrow,
September 26th. The meeting will be scheduled approximately
4:00pm-6:00pm at the Municipal Building.
The Financial Matters were next presented to Council.
Councilwoman McRory moved to receive items #1 through #4 and
approve items #5 and #6. The motion was seconded by Councilman
Reynolds and was unanimously carried.
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Councilwoman McRory moved approval of the September 10, 1991
minutes as presented. The motion was seconded by Councilman
Bennett and was unanimously carried.
Mayor Davis called for a motion to adjourn to executive session.
Councilwoman McRory moved to enter into executive session.
Councilman Reynolds seconded motion and the meeting adjourned to
executive session at 10:05p.m.
RESPECTFULLY SUBMITTED:
Patty Ne hart, Town Clerk
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