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TC Minutes 11-26-19910 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD NOVEMBER 26, 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 7:34p.m. A roll call was taken with Charlie Gersbach, John Hazard, Tom Hines, Gloria McRory and Albert Reynolds present. Councilman Bennett was absent. 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, Planner Jim Curnutte, Police Chief Art Dalton, Fire Chief Charlie Moore, Public Relations Officer Teresa Albertson, Director of Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as well as members of the press and public. Mayor Davis called for Citizen In-put. Mr. Joe Macy, from Vail Associates, came before the Council and requested $8,494 from the Town of Avon towards the cloud seeding program. Total cost is $36,930 and is split with Beaver Creek Associates/Vail Associates paying half and the Town of Avon and Beaver Creek Resort Company paying the other half. Allocation for the Town of Avon and the Beaver Creek Resort Company is based on the number of beds in Avon and Beaver Creek with Avon paying $8,494 and Beaver Creek Resort Company paying $9,971. The cloud seeding program is a 90-day program from November 1st to the end of January. During heavy snow years they do have the option of shutting down and saving dollars for the sponsors of the program. The purpose of the program is to augment early season snow fall in Beaver Creek (in this case involving Avon, Beaver Creek Resort Company, Vail Associates). They are asking the Town to help pay for this because the Town will share in the amount of revenue generated by skiers who come to the Valley. The size of the program is 10 generators and the system is the same as in the past. It is regulated and licensed by the State of Colorado. The program started approximately November 1, 1991. For this time of year the ski conditions are beyond excellent. The Town of Avon contributed $5,000 last year. Mayor Davis thanked Mr. Macy for his presentation and informed him that his request will be taken into consideration. Next under Citizen In-Put was Ms. Sherry Dorward from Eagle Valley Community Forum. Ms. Dorward informed Council that the Eagle Valley Community Forum arose out of the 1990 Veil Symposium, where at the end of the Symposium, the audience broke out into focus groups of 10-15 people. The groups then recorded their thoughts of issues facing the Community. One of the issues that surfaced was the need of a Valley-wide Planning-Entity that would. be non-governmental, public, grass-roots, and not affiliated with an existing organization. As a result, the Vail Symposium Board set up an Adhoc Committee for Valley-wide Planning which has become the Eagle Valley Community Forum.. Meetings started March, 1991 and have been meeting every two weeks with the latest count. of approximately 40 people in attendance. Members include all Planners in this part of the-Valley, including Rick P.ylman, Director of Community Development for the-Town of Avon; Kristin: Pritz from the Town- of Vail; , and Keith Montag" from the; County. There are council people from Vail; Ron Phillips, Town Manager of- Vail; and Kent Mueller, Town Manager of Minturn that also attend. The group is in-the process of broadening the membership base.to really be Valley-wide. The group has;now defined their Mission statement (see attached sheet that was passed out at the meeting).- Ms. Dorward added that they anticipate hiring a paid director (hopefully within 6 months) and will incorporate•as anon-'profit organization enabling them to raise funds'on their.own..,UShe, anticipates receiving $5,000 from the Town of Vail and $1;'000 from the County. Mayor Davis commended the group and mentioned a regional concern being Transportation; who is going to pay for it and how do we get a consensus of that. Mayor-Davis mentioned that possibly the Eagle Valley Community Forum could look into regional transportation. Ms. Dorward requested $5,000 from the Town of Avon. Mayor Davis thanked Ms. Dorward and informed that her request will be considered. There being no further Citizen In-put, the Mayor closed that portion of the Agenda. First Reading of Ordinance No. 91-7, Series of 1991, AN ORDINANCE AMENDING CHAPTER 3.08 (SALES TAX) OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO STANDARDIZED DEFINITIONS, COORDINATED AUDIT PROCEDURES, INTERCITY CLAIMS FOR RECOVERY OF TAX,,-PROTEST AND APPEAL PERIODS, NOTICES OF SALES AND USE TAX ORDINANCE AMENDMENTS, AND PARTICIPATION IN SIMPLIFICATION MEETINGS. Mr. Bill James stated that there are a number of home rule municipalities such as Avon that levy and collect their'own sales tax. However, there are quite a few differences between them.with regards to regulations, administrative processes, and reporting forms. The Colorado Municipal League has been working on this model sales tax ordinance to simplify the process and to make it consistent between the municipalities as well as the State of Colorado. The business sector has also been pushing for this ordinance. This ordinance has little impact on Avon except by making it easier for local businesses to report their monthly sales tax. -2- 0 0 Mayor Davis called for a motion. Councilwoman McRory moved approval of Ordinance No. 91-7, Series of 1991 on First Reading. Councilman Hines seconded the motion. Mayor Davis entertained a roll call. Those Councilmembers voting aye were Charlie Gersbach, John Hazard, Tom Hines, Gloria McRory, and Albert Reynolds. There were no nay votes. The motion carried unanimously. Resolution No. 91-31, Series of 1991, A RESOLUTION ESTABLISHING A MORATORIUM ON ASPHALT SHINGLES IN WILDRIDGE SUBDIVISION. Mr. Rick Pylman reminded that at the last meeting the Council expressed an interest in establishinga moratorium on further approval of asphalt shingles in the Wildridge Subdivision by the Planning and Zoning Commission. Mr. Pylman has tried to reflect the wording, that Council previously discussed, in this Resolution. This Resolution creates a moratorium on the approval of asphalt shingles in Wildridge from November 1, 1991 until April 1, 1992. The purpose was to take some pressure off the Covenants Committee and allow them to work with the residents of the subdivision and try to come up with some mutually agreeable Design Guidelines and Covenants. Councilman Reynolds expressed reservations towards this resolution. Councilman Reynolds stated that the Wildridge Development Corporation is defunct and feels the Covenants Committee was possibly formed illegally. Also, there were no participants at the meeting, that was arranged from last Council meeting, between the Wildridge owners and the Covenants Committee, except Councilman Hazard. Councilman Hazard said "that meeting was set up by I believe alot of the people who were there before who wanted to apparently not go with the Covenant or anything like that and they were so interested in making new development and no one showed up and left because of the weather. So, I immediately took upon myself to ask the people if it would be agreeable to reset another meeting. And, which will be right now presently reset on December the 23rd, which is a Monday, at 7 o'clock. All I have to do is find a couple of other people who are willing accept and will make it official. OK. But in regard to what you said about the Covenant it has yet to be proven that and I'm not discussing it because people are checking it right now legal that it is still active or at least still exists and was not something that was put off like that. You may be right, I don't know at this particular stage its in the hand of the lawyers". Mayor Davis expressed concern about the wording of the Ordinance with regards to mentioning the Covenants Committee. Mayor Davis felt it more appropriate to replace Covenants Committee with Wildridge Citizens in the fourth paragraph. Councilwoman McRory agreed to amend Resolution No. 91-31 in the fourth paragraph to replace Covenants Committee with Wildridge citizens. Councilman Reynolds expressed concern about the effective dates of November 1, 1991 until April 1, 1992. Councilman Reynolds suggested March 1, 1992 to allow developers to secure financing prior to the building season. -3- • 0 Councilman Hines motioned approval of Resolution No. 91-31, Series of 1991 with Paragraph 4 changed to read, "WHEREAS, the Wildridge Citizens have express a desire to work with the residents and property owners of Wildridge to examine and refine the Covenants and Design Guidelines for Wildridge" and to change the moratorium dates; they will become effective as of November 1st and shall continue in effect until March 1, 1992. Councilwoman McRory seconded the motion and the motion carried unanimously. Resolution No. 91-32, Series of 1991, A RESOLUTION APPROVING A FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, TOWN OF AVON, EAGLE COUNTY COLORADO. Mr. Norm Wood stated that Sunroad Capital Corporation has submitted a Final Subdivision Plat and a Subdivision Improvements Agreement in conformance with the Preliminary Plat which was previously approved by the Town of Avon in October by Resolution No. 91-27. The Subdivision Improvements Agreement generally provides for construction of public improvements such as the street, street lighting, utilities, etc. As part of the agreement there is an escrow agreement that is established to assure that funds are available for completion of the public improvements. A description of the improvements is also contained in the agreement and these improvements are in conformance with the Preliminary Plat that was approved. Staff has reviewed both the Plat and the Subdivision Improvement Agreement and recommends approval subject to the Town Attorney's review of the executed plat and documents prior to their recording. Also, relating to the zoning change, if this Plat is not recorded on or before December 11, 1992 this Agreement and Plat will become null and void (this being conditional of the Post Office buying one of the lots). Mr. Jim Wear stated that any concerns that the Sunroad Capitol corporation might have had have been resolved with Staff prior to the meeting. Mr. Wear added that the lighting of every 50' has been included, however, the lighting will remain consistent with the Town's should the Town's change to possibly every 75' or 1001. Councilwoman McRory moved approval of Resolution No. 91-32, Series of 1991. Councilman Reynolds seconded the motion and the motion carried unanimously. Resolution No. 91-33, Series of 1991, A RESOLUTION EXTENDING THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR WILDRIDGE ACRES SUBDIVISION. Mr. Rick Pylman stated that Wildridge Acres Subdivision is a 12 single family home subdivision on the West end of Wildridge and was approved by the Town approximately a year ago. Mr. Pylman added that all 12 homes are under construction with quite a few presently occupied. Mr. Pylman mentioned that we have a Subdivision Agreement and a letter of credit with the developer to ensure that public improvements are completed. Those improvements are water/sewer lines, gas lines, electric, telephone, cable tv, and street/road improvements. -4- • Most improvements have been put in; the streets have not been paved yet. The expiration date for that Subdivision Improvements Agreement is December 1st. The roads will not be paved by then; the developer did not get it done before we got into an adverse weather condition and is therefore looking for an extension for the Subdivision Improvements Agreement. The letter of credit has already been extended by First Bank, thus the Town of Avon is holding collateral to ensure completion of the streets. The developer is asking for an extension until spring, June 1st, to be able to pave the roads. There is an agreement that has been written by the developer detailing the extension. The Town is recommending approval of the extension with one point of discussion; paragraph #2 on the Agreement. That paragraph reads "The Subdivider agrees to reasonably maintain the roadways", and Mr. Pylman suggested deleting the word reasonably. As the roads aren't paved they have not been turned over to the Town for maintenance. The Town of Avon will not be plowing the snow off those roads this winter; it will be a burden of the developer to take care of them. There should be no interpretation of the word reasonably, it should just be done. With the word reasonably struck from the agreement, the Staff recommends the extension. A few of the residents/homeowners were present. one of them informed Council that after the first snow storm they were not able to get into the road for about 2 1/2 weeks. Now, after the 2 1/2 weeks they can now get into their driveway and into their garage. Another resident mentioned that the developer put in the curbs, approximately 2 months ago, prior to putting down the road base. This has left a safety hazard due to the height of the curb versus the road base. Cars are kept in the garage now, however a week and a half ago cars were kept two roads down. The developer built a bump to allow the residents to get into their road; then it snowed; snow wasn't plowed leaving road base of approximately all and snow base of approximately 5" thus the residents are now able to get onto the street and into the garages. Snow was packed down by the residents' cars; there has been no road maintenance. Councilman Hines questioned the accessibility of fire trucks to the area. Fire Chief Charlie Moore answered that it would be difficult for a large pumper to get into the area. Councilman Hazard questioned if it were possible to pour asphalt in the winter. Mr. Norm Wood answered that it is possible to pour asphalt in the winter and that you do not get a quality product, if asphalt is available. One of the residents closed on their home last January with no roads and wondered if instead of the June extension it could only be extended till March or April with a warm spell when B & B is starting up to pour asphalt. And, until then, get enough road base to meet the concrete curb lip and get some road maintenance. Another resident mentioned that the cables for tv and telephone have not yet been buried. Mr. Wood commented that the road is still private property, thus the Town can not plow. Town Attorney John Dunn mentioned tabling item until the Developer is present; within the next two weeks. -5- 0 U Mr. Pylman noted that the road needs to be pavedt some of the utility lines still need to be buried, final grading needs to be completed and the final landscape plan still needs to be completed. The Town could take on that work; pay for it out of the escrow account. The original Subdivision Improvements Agreement is also the document that gives us the one year warranty on the road; if we allow that to go into default would we loose warranty on the road. The letter of credit is for $55,000, which has been extended until June 1, 1992. Mayor Davis recommended that Mr. Pylman discuss with the developer that the developer put in more road base now and move up the paving date before the Town agrees on the extension by next Council meeting, or the Town will call the letter of credit and put the road base in. If the Developer does not solve the problem, the Town will. Mr. Pylman stated that the subdivision Improvements Agreement expires next week; December 1st. Mr. Pylman questioned Town Attorney Dunn if the extension could be made after expiration of the Agreement. Mr. Dunn responded that the extension could be granted after expiration. Mr. Pylman and Mr. Wood will consult with the Developer and present solutions at next Council meeting. Councilwoman McRory moved to tabled Resolution No. 91-33, Series of 1991. Councilman Reynolds seconded the motion and the motion carried unanimously. Resolution No. 91-34, Series of 1991, A RESOLUTION APPROVING THE FINAL PLAT OF CANYON OAKS, A RESUBDIVISION OF LOT 43, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. Mr. Rick Pylman stated that Canyon Oaks is the last development of this type that was approved and built in Wildridge prior to the moratorium; this development consists of 4 single family homes on a 4-plex lot. This is a townhouse subdivision plat that will create fee-simple title to each unit (in essence a townhouse condo plat). One 4-plex lot with 4 buildings on it; as a legal method of ownership they are townhouse units. The Plat has been reviewed by the Staff, it is in conformance with our Townhouse Subdivision Regulations, it has been reviewed by Town Attorney and Town Engineer and all corrections have been made. There is one condition to the Resolution; that payment, of the Gas and Cable TV Special Assessment, be made prior to the recording of the Plat. Councilman Reynolds motioned approval of Resolution No. 91-34, Series of 1991. Councilman Hines seconded the motion. Councilwoman McRory expressed concerns with regards to the developer paying assessments. The developer Sandstone Development Corporation represented by Mr. Mark Harrison stated there is no problem paying the Gas and Cable TV Special Assessment prior to the recording of the Plat. The motion carried unanimously. -6- Next was New Business. Mr. Bill James presented the Intergovernmental Agreement between the County of Eagle and the Town of Avon with regards to animal control. This contract is for Eagle County's assistance in animal control in Avon and would start January 1, 1992 with an annual cost of $9196.80. Mr. James then introduced Mr. Bob Slagle with the Eagle County Animal Control office. Mr. Slagle has reviewed the contract and will increase his staff by one to meet this obligation. With regards to the responsibility of first response, the County looks to the Town as the first responder in the event the County can not get here immediately. Also, call back needs to be addressed for after hour concerns. A minimum of two daily patrols are contracted, however when the program is initiated patrols will be more frequent to bring the problems under control. Normal working hours are Monday thru Friday, 8:00am-5:00pm with billing structure Monday thru Friday, and Saturday and Sundays being an on call situation. Saturdays will be a regular working day in the very near future and the Town will receive this day free for the first year. Patrols will be random. A strong emphasis will be made towards dog tags and the tags will be available in the County Offices in Avon. Councilman Hines questioned the call back time; anything before 8am or after 5pm is a call back. Mr. Slagle responded unless we are having problems such as people getting home from work at say 5:30pm and turning their dogs loose; then they will schedule a regular patrol as part of the normal working day and that would not be a call back. Mr. Slagle added that they will do whatever they have to do with the schedules to address specific issues whether it be to come on line at 6:00am or go off line at 6:00pm. But, for the areas of call back Mr. Slagle requested the Town focus on Sam-5pm. Call back does have an additional expense of $20.00 for each after hour. A quarterly report will be given. Mr. Slagle stated that this program will begin December 1st at no extra charge to the Town. Councilman Reynolds motion approval of the animal control enforcement agreement with the County. Councilwoman McRory seconded motion and the motion carried unanimously. Mayor Davis recommended mailing a brochure to all Avon post office boxes informing the residents of the animal control enforcement policies. Ms. Teresa Albertson will take care of the mailing with the help of Mr. Slagle. Next under New Business was Regional Advertising. Ms. Teresa Albertson displayed the 1991 Vail Valley Marketing Board's Summer Tourism Guide and the Colorado Car Trekker publications. For 1992, $2,000 has been set aside for miscellaneous advertising. An example of past miscellaneous advertising is the Wildwood Townhomes with regards to image advertising. Ms. Albertson needs to reserve the space in each of these two publications now. Ms. Albertson recommends advertising in each publication with a 1/6 of a page ad and to coop the cost with another interested party such as the Avon/Beaver Creek Resort Association. Cost of half of a 1/6 page ad in the Vail Valley Summer Vacation Guide is $492.50 and cost of a 1/6 page ad in the Colorado Car Trekker is $487.50. -7- 0 0 Circulation on the Car Trekker is 300,000 for 1992 and is distributed through State Welcome Centers, major airports, car rental agencies, front range lodging centers, and Safeways in the front range, and the visitor centers along I-70. Currently, the map featured on the Car Trekker does not include Avon. The Vail Valley Summer Vacation Guide circulation is 50,000 and sent out mostly by request through the mail to people outside Colorado. Councilwoman McRory moved approval of the expenditures for advertising in 1992 budget. Councilman Reynolds seconded the motion and the motion carried unanimously. Next under New Business was Wildwood Townhomes Change Order. Mr. Rick Pylman stated this is Change Order No. 5 for the Wildwood Townhomes and represents the owner options package. A base price was set of $74,468 for the two bedroom units and $94,146 for the three bedroom units. We also had an option package that owners could choose from. With the units under contract, options were selected by the owners. Price of the options are being passed right through to the buyers. Options include 1/2 bath, gas range, gas fireplace or just the fireplace rough-in, electric garage door openers, washer and dryer, gas dryer or just the dryer rough-in. Mr. Pylman added that it is not an additional cost to the Town, but to the construction contract; this cost has been reflected in the buyers' contracts and asked for approval of Change Order No. 5 of $40,373. Councilwoman McRory moved to approve Change Order No. 5. Motion was seconded by Councilman Reynolds and was unanimously carried. Next was Mayor's Report. Mayor Davis mentioned that he has purchased some property in Taos, New Mexico that he is converting into a small Bed and Breakfast and that the operation will be up and running in a few weeks. Mayor Davis plans on being there part-time mostly on weekends so he plans on continuing on the Avon Council at least for the next year. The Financial Matters were next presented to Council. Councilwoman McRory questioned an item under Accounts Payable; Otis Company/Annex Water Bill. Mr. James answered that we agreed to share the water bill with the small triangle piece of property as there is no way to meter it. This is paid once a year, based on when the irrigation is turned on for the Town's landscaping. Councilwoman McRory moved to receive items #1 through #5 and approve items #6 and #7. The motion was seconded by Councilman Hines and was unanimously carried. Councilwoman McRory moved approval of the November 12, 1991 minutes as presented. The motion was seconded by Councilman Gersbach and was unanimously carried. -8- • 0 There being no further business to come before Council, Mayor Davis called for a motion to adjourn. Councilwoman McRory moved to adjourn. The motion was seconded by Councilman Hines. The meeting was adjourned by Mayor Davis at 9:35pm. RESPECTFULLY SUBMITTED: -9- Patty Ne art, own Clerk 0 0 EAGLE VALLEY COMMUNITY FORUM an affiliate of the Vail Symposium THE NEED The Eagle Valley Community Forum (EVCF) was established in the spring of 1991 in response to citizen input at the September, 1990, Vail Symposium that identified the need for a non-governmental organization to address issues of valley-wide concern. BOUNDARIES OF TEE EAGLE VALLEY COMMUNITY The EVCF has defined the boundaries of its community as an area extending from the headwaters of the Eagle River at Camp Hale to the river's confluence with the Colorado River at Dotsero. This area includes the tributary valleys of Gore, Beaver, Homestake, Lake, Squaw, Brush, Sweetwater, and Gypsum Creeks, and the communities of'Vail, Minturn, Red Cliff, Eagle-Vail, Avon, Edwards, Eagle, Gypsum, Dotsero, Wolcott, State Bridge, Bond, McCoy, Burns, and a number of unincorporated subdivisions. The entire area is in Eagle County; some of it is in the White, River National Forest and the Holy Cross Wilderness area. Because the town of Leadville is deeply affected by the resort economy of the Eagle Valley, its participation has been encouraged although it is not within EVCF's natural geographic boundaries. MEM4BERSHIP The EVCF aspires to a membership that includes interested citizens from each population area within the valley, as well as municipal and Eagle County planners and managers, county commissioners and board members, elected officials, town managers and mayors, and representatives from media, non-profit organizations, and other groups and companies with a stake in the social and economic health of the region. PURPOSE The mission of the Eagle Valley Community forum is: 1) To develop a vision for our future which preserves and enhances our quality of life; 2) To provide an open valley-wide forum for the discussion of community issues and to establish community consensus as to priorities and realistic solutions; 3) To bring together the necessary resources to implement solutions. CONTACTS Sherry Dorward, EVCF chairperson, 476-9537 Sharon Jewett, Vail Symposium staffperson, 476-0954