TC Minutes 02-11-19920 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 11, 1992 - 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 7:32p.m.
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, 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, Planner Jim Curnutte, Police Chief Art Dalton, Fire Chief
Charlie Moore, Public Relations Officer Teresa Albertson,
Superintendent of Recreation Meryl Jacobs, Town Clerk Patty
Neyhart, as well as members of the press and public.
Mayor Davis stated the appointment of two new Councilmembers is
first on the Agenda. Ballots were distributed to Councilmembers
and collected by the Town Clerk. The Town Clerk tallied the votes
and the Superintendent of Recreation verified the tally.
Mayor Davis announced that the two new Councilmembers are Celeste
C. Nottingham and Derek Pysher.
(Swearing in of the new Councilmembers took place after the second
item of Citizen Input - please see further in minutes).
First item under Citizen Input was a funding request for the
Jimmie Heuga Center (in Avon) by Mr. Fletcher McNeil. Mr.
McNeil stated the Center benefits the physically challenged and
ski races are a major funding source for the Center. Mr. McNeil
is on one of the ski teams (3 people each) and is requesting funds
of $5,000 for sponsorship of his team.
Council agreed to consider this sponsorship during a worksession.
Next under Citizen Input was Bungee Jumping.
Mr. Rick Pylman stated there is a company named "Downward Bound"
which would like to operate a bungee jumping company in Avon.
These gentlemen are looking to operate just north of Avon in the
Swift Gulch area. Mr. Pylman mentioned that this property is
zoned PUD, zoned for residential and commercial uses. Town staff
has reviewed this matter and found bungee jumping to be an allowed
use. Downward Bound will enter into a lease with the property
owner for this use. Mr. Pylman requested that the
representatives of Downward Bound come before Council and with
that in mind Mr. Pylman introduced Mr. Jack Hill and Mr. John
Greco.
Mr. Hill stated the Company is based in Steamboat Springs and
started in September, 1991. Mr. Hill started jumping over one
year ago and classified himself as a Bungee Master with jumping
over 60 times. Mr. Greco has over 20 jumps to his credit. Mr.
Hill gave a history of bungee jumping from New Zealand to
California to Colorado. Mr. Hill mentioned that bungee jumping
is incredibly safe with over 300,000 jumps recorded from hot air
balloons in the U.S. alone. The FAA regulates the hot air
balloon usage but does not regulate bungee jumping. Mr. Hill and
Mr. Greco presented a slide show of their operation in Steamboat
Springs where they average 30-40 jumps per day. The balloon is
taken up to a height of 160' and the American System jump is
practiced (3 to 5 50' cords are used). Less than 1% freeze rate
is experienced (people not jumping once in the air). Ages range
from 15 years to 68 years old. Two jumps are allowed; backwards
falling or forward swan dive. Kiwi style jump (cord wrapped
around ankles) is not allowed. Mr. Hill presented a Yates bungee
harness and the harness was modeled by Mr. Greco. With the
harness on, it curves the body in to prevent back problems. By
the time the bungee has extended the person is slowing down from
the fall and does not get jerked to cause whiplash. With a 501
cord the person will drop a maximum of 120' (60' free-fall and 60'
spin-off). Reverse jumps are not done (hold the person on the
ground, take the balloon up, and let the person spring upward).
Councilor Hines questioned tethering procedures. Mr. Hill stated
three 2 & 1/2 ton concrete blocks (road barricades) are used and
placed in a triangle. With using 3 tethering points, jumping
locations can be moved according to wind currents. There are 3
tethered points coming off the top of the balloon, not the basket.
Councilor Hines questioned parking concerns. Mr. Pylman has
requested site plans from Mr. Hill and Mr. Greco showing road
access, parking, and where the operations will take place. These
plans will be discussed with the Police and Fire Departments. Mr.
Hill added that as is the road access is very wide and estimated
parking for 15 cars.
Councilor Reynolds questioned cost. Mr. Hill responded $99.00
per person will be charged in Avon, compared to $85 in Steamboat
Springs (no lease on land in Steamboat Springs).
Councilor Reynolds questioned insurance. Mr. Hill responded
insurance is carried with American Casualty Company (an A+ rated
company) with a $1,000,000 policy.
Mr. James mentioned that Staff has reviewed and found no problems
with the SPA zoning. Staff wanted to make certain that Council
had no problems in addressing this commercial usage.
Mayor Davis thanked Mr. Hill and Mr. Greco for their
presentation. Mayor Davis added that the Mayor of Avon will jump
when the Mayor of Steamboat Springs jumps.
Judge Buck Allen officiated the swearing in of the new
Councilmembers and the new Councilmembers took their seats at 8:10
PM.
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Resolution No. 92-5,' Series of 1992, A RESOLUTION ADOPTING THE
RECREATION MASTER PLAN.
Mr. Bill James stated`.that the draft plan of the Recreation
Master Plan is being presented to Council tonight. If-this is in
agreement with Council with minor changes; approval is recommended
by adopting Resolution No. 92-5.
Mr. Paul Kuhn of Winston & Associates gave explanation of the,
Recreation Master Plan. A Master Plan serves as a general guide
to decision.making; big picture of where the community is and what
direction the community-wants to go with regards to recreation.
It establishes frame work to allow Staff to go forward with detail
design and implementation of the recommended priorities. The
master plan is a living document; needs to be kept'up to date as
the community and funding changes. Most importantly the master
plan establishes a basis for dedication requirements for parks
development for new properties for future growth. Mr. Kuhn
stated coals of the plan will identify future-parks and recreation
facilities that are going to be needed to meet the present and-
anticipated desires of the citizens; it will assure that future
development pays its own way thru equitable dedication
requirements; it will allow the Town to plan and prioritize for
these proposed improvements; and will assure that.the parks and
recreation facilities that are built in Avon allow the Town to
keep pace with other nearby communities and offer amenities that
will make people want to live and move to Avon and allow the Town
to grow in the fashion everybody here wants to see. Mr. Kuhn
stated this has been.a 5-6 month process with alot of public input
(focus groups and public hearings) and working with Staff. Mr.
Kuhn stated the plan is submitted in a draft report this evening
with maps (displayed on the wall to be reduced in the final master
plan). Mr. Kuhn gave background on developing the plan, outlined
the plan, and explained the displayed maps-in detail. This plan
is suitable for approximately 15 years. Mr. Kuhn is requesting
from Council adoption of the Recreation Master Plan this evening.
Councilor Hines questioned action plan and sequences. Mr. Kuhn
stated that this could be done, but sequences can be outdated'
frequently. Mr. Kuhn stated it is important for Council-to set
goals and priorities.
Mayor Davis opened the meeting for public hearing.
Ms. Rhoda Schneiderman questioned if the duo pads along the
Riverway will be distinguished between pedestrian and bikes. Mr.
Kuhn mentioned that the soft surface pads can be signed for
pedestrians, but then it becomes an enforcement issue. Mayor
Davis interjected that it is assumed an enforcement program will
be in place with the duo pads.
Mr. Dave Yoder stated the concept of the Community Center is very
exciting but means a pretty severe financial commitment on'
somebody. Mr. Yoder mentioned that there must be a reason why
private enterprise and capitalism have not done physical fitness
facilities in Avon and questioned how much of the publics money
will be subsidize to build this facility. Mayor Davis added that
this idea has been discussed and will continue to be discussed.
With no one else wishing to be heard, Mayor Davis closed the
public hearing.
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Councilor Nottingham questioned the action plan and the 19 items
listed; are any of these in the works or is this a brand new
slate. Mayor Davis answered that some items are in the budget,
such as playground equipment. Council still needs to set goals
and prioritize, once this plan is adopted, at a future
worksession.
Councilor Pysher motioned to table Resolution No. 92-5, Series of
1992 to the next Council worksession. The motion failed due to
lack of a second.
Mayor Davis mentioned the recommended action is to pass the
Resolution adopting the Recreation Master Plan for the Town of
Avon as a guide and to further discuss priorities and
implementation at a later worksession.
Councilor Hines motioned adoption of Resolution No. 92-5, Series
of 1992. Councilor Reynolds seconded the motion and the motion
was carried unanimously.
Further Citizen Input was from Ms. Rhoda Schneiderman, resident
of Wildridge. Ms. Schneiderman presented Council with a petition
signed by 17 Wildridge residents. Ms. Schneiderman stated this
group feels the Town's action of granting a moratorium in November
gave credence to a group calling themselves the Wildridge
Covenants Committee. Mr. Albert Reynolds, Jr. stated Linda
Rodgers (who was secretary for the Wildridge Development Company)
informed that in 1988 the Wildridge Development Company disbanded
and is no longer in business. Ms. Schneiderman added that
Wildridge Development Company thus has no right to assign members
to a Committee; there is no Wildridge Covenants Committee. Ms.
Schneiderman requested Council to remove the moratorium.
Councilor Reynolds reminded the moratorium was set for the two
sides to meet, discuss, and come to mutual agreements. Mayor
Davis added that Council intentionally did not put anyone's name
in the moratorium; Mayor Davis specifically requested the name to
be removed and Wildridge Citizens was inserted in the moratorium.
Mayor Davis stated this is a civil matter and that it is not the
Town's place to deal with covenants.
Councilor Hazard stated he personally arranged two meetings with
the Covenants Committee and Wildridge homeowners, to which no one
showed up. Ms. Schneiderman expressed that to attend this
meeting would give credence to the Covenants Committee since
notification was signed by the Covenants Committee. Ms.
Schneiderman added that should a group of Wildridge homeowners
have a get together, she would attend.
Councilor Gersbach stated generally, covenants do exist. Mr.
Albert Reynolds, Jr. announced that on December 19, 1991 the
Title Company of which assisted with Mr. Reynolds' lot purchase
stated (Wildridge) covenants no longer exist. Councilor Gersbach
suggested seeking an attorney to challenge the Covenants
Committee; and that the Council not get involved in this matter.
Councilor Hines reiterated Mayor Davis in that the wording of the
moratorium was Citizens of Wildridge and Council's intentions was
to facilitate the process between both sides; be they legitimate
or not.
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• •
Mayor Davis suggested that a meeting of the Wildridge neighbors /
homeowners / citizens be held to discuss this matter amongst
themselves.
Ms. Schneiderman is not contesting the covenants; it is the
Covenants Committee that is questionable of appointment. Ms.
Schneiderman requested a motion to rescind the moratorium.
Councilor Reynolds reminded that the moratorium will end March
1st.
With lack of a motion, Mayor Davis stated the moratorium will run
until March 1st and thanked Ms. Schneiderman.
Resolution No. 92-8, Series of 1992, A RESOLUTION CONCERNING A
PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS
"TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-111;
DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE
AND LOCATION OF THE PROJECT TO BE MADE; PRESCRIBING THE DISTRICT
TO BE ASSESSED; APPROVING AND ADOPTING THEREFOR THE PRELIMINARY
PLANS, THE PRELIMINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT
PLAT AND MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT;
PRESCRIBING A NUMBER OF DETAILS CONCERNING THE DISTRICT, THE
PROJECT THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR;
PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE
TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENT; AND PRESCRIBING
NOTICE OF THE HEARING.
Mr. Norm Wood stated that the purpose of this proposed Special
Improvement District would be to partially fund improvements along
Avon Road and West Beaver Creek Blvd. Improvements in the form of
landscaping would be along Avon Road between Highway 6 and Beaver
Creek Blvd. Then from Beaver Creek Blvd. just north of the
Interstate, the improvements include widening the northbound side
of Avon Road between Beaver Creek Blvd. and the Eastbound ramps
to I-70 and provide a right turn lane. The improvements also
include adding sidewalk along the west side of Avon Road from
Beaver Creek Blvd. north to the Interstate and under the
Interstate and connect with Nottingham Road on the north side.
Other improvements in the area include redoing the entry sign
which is north and east of the I-70 interchange with Avon Road.
Landscaping includes trees, plantings, and improved pedestrian
areas in the vicinity of Benchmark Rd. with benches, planters,
sculpture areas, and trash receptacles. New lighting will be all
along Avon Road from Highway 6 to the Interstate (spaced
approximately every 501). Beaver Creek Blvd. will be widened
from the current 3 lanes to 5 lanes and includes the same type of
improvements as landscaping and lighting along Avon Road.
Total project cost is estimated at $2,052,524, less contributions
of $653,000 from the Town of Avon, $165,000 from the Colorado
Department of Transportation (remaining from last year's Avon Road
project), and $68,750 from the Avon Arts Trust (towards the
purchase of Sidewalk Society by Glenna Goodacre) leaves a proposed
project assessment of $1,155,024.
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The proposed method of assessment (while looking at a number of
different ways, including lot areas, building areas, and in trying
to come up with a method that worked with the mix of properties
such as commercial, residential, combined commercial/residential
and undeveloped) is an estimate of vehicle trips per day to spread
the assessments over the various properties. In looking at the
Trips Generation Manual, (the standard for evaluating the number
of trips for different types of development) six trips per day for
residential and hotel rooms/units was established. Commercial use
is based on sixty trips per day per 1,000 square foot of floor
area. This translates into an assessment total of $137.37 per
residential unit. Per 1,000 square foot commercial space, based
on sixty trips per day that translates into a total assessment of
$1373.66. (based on an annual interest rate of 7 1/2%, that is
approximately $195.00 for the first year or approximately $16.00
monthly and for 15 years (full term of payment) it is
approximately $13.00 monthly).
This Resolution is basically affirming that Council has received
Preliminary Plans, Cost Estimates for the Proposed Project,
Preliminary Assessment Roll, and Preliminary Assessment Plat.
This approved Resolution will set a hearing date for the proposed
district of February 25, 1992. Mr. Wood outlined future calendar
dates for the creation, implementation, and construction of the
special improvement district.
Mayor Davis opened the meeting for public hearing.
Councilor Hines questioned the amount multiplied for assessment.
Mr. Wood responded that the per trip assessment is $22.8944,
based on a total amount of trips in the district to be 50449.98,
with a total assessment value of $1,155,022.74. Mr. Wood reminded
that is the life of the project and not what it costs per day.
Mr. Dave Yoder, as a resident of Avon, voiced concern with the
funding mechanism. Mr. Yoder stated the Town already has
taxation vehicles available that represent the viability of the
business community, such as the sales tax. Mr. Yoder noted that
in the presentation given there is a sense of urgency. Mr. Yoder
suggested the road improvements are very necessary and to possibly
do them with existing revenues. Mr. Yoder expressed that art is
a community desire and should be paid for by private funding
possibly through the Arts Trust and landscaping should also be a
private sector development. Mr. Yoder suggested using the taxes
that are already in place to pay for the improvements.
Mr. Rick Cuny, from Beaver Liquors and Lips, Too and various
condominium spaces, stated the project is good and needed. Mr.
Cuny mentioned that maybe too much is being proposed at one time.
Mr. Cuny suggested expanding the assessment roll; everyone in the
community will benefit with the proposed improvements (business,
property values, etc.) Mr. Cuny suggested trimming the
improvements, if something can be put off for a few years then
delay it; art should come from the private sector and not the
Town. Mr. Cuny questioned an appeal process, should there be a
disagreement on an assessment. Mr. Cuny questioned assessments
that can not be or will not be paid, such as the Grand, and who
will make up monies not collected.
Mayor Davis informed assessments will be handled just like
delinquent property taxes. Mayor Davis mentioned that expanding
the assessment roll would eliminate the special district as it
encompasses a specific area; if it were the entire Town that would
be the same thing as property taxes.
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Mr. Ken Shapiro, owner of the first two commercial floors of the
Avon Center, stated the impact of the assessment is misleading at
$13.00 monthly as Mr. Shapiro's assessment is $85,000. Economic
circumstances may not allow Mr. Shapiro to pass on the assessment
to the tenants. Mr. Shapiro mentioned business interruption due
to construction and requested Council to direct Staff to outline
construction stages so as not to inconvenience or interrupt
business. Mr. Shapiro expressed support for the project and does
see the benefit to all residents of Avon. All should be included
in the assessment roll, residents and business should be assessed
more equitable as residents' property values will increase, just
as business will increase. Mr. Shapiro stated an appeals process
is important for miscalculations of assessments and mentioned the
assessment of undeveloped property and parking spaces. Mr.
Shapiro commented that the project should be reduced to bare
minimum, such as art and landscaping.
Mr. Andy Boaz, general manager of Cassidy's Hole in The Wall, read
a letter prepared by owner Mr. Terry Ray (see attached as Exhibit
All).
Mr. Don Howe, representing the owners of the Pizza Express Pasta
Pub, agreed that the project is needed to reduce traffic
congestion. Mr. Howe added that this will benefit everyone. Mr.
Howe voiced concern of loosing the easy access to Pizza Express
and any reduction of parking.
Mr. Don Tandy, representing the Valley Barber and Beauty Shop,
stated that any reduction in parking spaces and changing access
into the parking lot is critical to businesses in the Benchmark
Shopping Center.
Mr. Mike Phillips, manager of Benchmark Shopping Center, stated
that the project is great and will improve the ambience of the
Town. Mr. Phillips submitted a petition signed by the tenants of
the Benchmark Shopping Center (see attached as Exhibit B). Mr.
Phillips stated that all tenants are concerned about reducing the
number of parking spaces on the south side and loosing the access
on the north side. Mr. Phillips voiced concerns with regards to
reducing parking spaces from approximately 60 spaces to 47 spaces
and adding parking spaces across the proposed improved busy road.
Mr. Phillips stated the funding mechanism is inequitable;
everyone will benefit with increased business as well as property
values. Mr. Phillips requested the funding mechanism include
every property owner.
Mr. Bill James stated that this is really the assessment appeal
process that is being offered to the Council. If there are
disagreements, this is the time for corrections; if storage should
not be assessed, that needs to be taken out of the formula /
assessment now. An error such as a miscalculation in square
footage or incorrectly applying the formula will be handled
several months from now during the final assessment process.
Discussion followed regarding straightening the road adjacent to
Benchmark Shopping Center and parking spaces (the additional
across the road would produce a total of 79 spaces).
Mr. Shapiro suggested, that since there is no appeal process,
Council allow more time for property owners to respond to the
proposed assessments and to postpone the project to seek potential
alternatives to funding.
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Mayor Davis commented this is a tight schedule and that this
Resolution starts the process. Council may still postpone at a
later meeting. Mayor Davis asked Council"for comments.
Councilor Hines motioned approval of Resolution No. 92-81 Series
of 1992:. Councilor Reynolds seconded the motion.
Further discussion followed regarding the road along Benchmark
Shopping Center and parking spaces.
Mr. James reiterated Council is setting the hearing, establishing
the perimeters of the District, the plans, estimated cost and
basis of assessment. This is all regulated'by the Avon Municipal
Code Book. Once this Resolution is approved the Code states, "no,
substantial change in.the improvement district, details,
preliminary plans or specifications, or estimate shall be made
after the first publication or mailing of-notice to property
owners". Mr. James added that this notice will be'mailed.as soon
as this Resolution is passed. Mr. James stated the public
hearing may change the scope of the program by reducing, but not
enlarging. Certain funding may change.
Mayor Davis announced that Council has been operating under- the
understanding that within what is being proposed Council can make
the necessary adjustments. Changing the district boundaries is
not possible. Mayor Davis stated Council can deduct items from
the proposal such-as art or landscaping, but not increase the
proposal.
Mr. James mentioned that this proposed district is-only about 20%
of the total landscaping and road improvements to be accomplished
over the next 20-30 years.
Councilor Gersbach expressed agreement to move forward to a public
hearing and voiced concerns of items heard from citizens.
Councilor Nottingham confirmed that this is basically phase #1;
(only about 20% of the whole picture).
Councilor Hines requested clarification with regards to changes:
Mr. James stated Council does have some flexibility.
Mayor Davis reiterated that Council is starting the process.
Council has heard the input. Council still needs to discuss
acceptability with Benchmark businesses. Council can still take
the art out, can take the landscaping out. Council can still
scrub the project and Council still has options.
Mayor Davis entertained a roll call vote.
Those Councilmembers voting aye were John Hazard, Charlie
Gersbach, Tom Hines, Derek Pysher, Celeste C. Nottingham, and
Albert Reynolds. There were no nay votes. The motion passed
unanimously.
Mr. Shapiro stated the funding mechanism is grossly inequitable
with commercial paying 10-20 times the rate of the residential.
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9 •
Mayor Davis mentioned that the business community
on-going or for profit day-to-day business that a
does not have. Mayor Davis added that the people
the special improvement district are the business
improvements will generate more traffic, thus pros
business revenues. Special Districts were formed
include landscaping and road improvements.
Mayor Davis thanked everyone for the input.
does have an
residential unit
to benefit from
people, as the
3ucing more
and allowed to
Resolution No. 92-6, Series of 1992, A RESOLUTION EXPRESSING
APPRECIATION OF MIKE BENNETT.
Mayor Davis read Resolution No. 92-6 completely.
Councilor Hines moved adoption of Resolution No. 92-6, Series of
1992. Councilor Reynolds seconded the motion and the motion was
carried unanimously.
Resolution No. 92-7, Series of 1992, A RESOLUTION EXPRESSING
APPRECIATION OF GLORIA MCRORY.
Mayor Davis read Resolution No. 92-7 completely.
Councilor Reynolds moved approval of Resolution No. 92-7, Series
of 1992. Councilor Gersbach seconded the motion and the motion
was carried unanimously.
Resolution No. 92-9, Series of 1992, A RESOLUTION APPROVING THE
FINAL PLAT OF MOUNTAIN VIEW TOWNHOMES, A RESUBDIVISION OF LOT 83,
BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
Mr. Rick Pylman stated that Resolution No. 92-9, Series of 1992
is a Resolution approving the final plat of the Mountain View
Townhomes, a resubdivision. On Lot 83, Block 1, Wildridge, a
4-plex building was constructed last fall. The owners have
completed construction and are requesting a townhouse subdivision
to create 4 separate townhouse units to proceed with the sale
program. Staff has reviewed the final plat and found it to be in
substantial compliance. Staff has one condition in the
Resolution; conditioning the approval on technical and legal
corrections to the plat and recommends Council approval.
Councilor Hines moved approval of Resolution No. 92-9, Series of
1992 with condition. Councilor Hazard seconded the motion and the
motion was carried unanimously.
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Next under Unfinished Business was the Appointment of the Special
Events Task Force Representative.
Ballots were distributed to Councilmembers and collected by the
Town Clerk. The Town Clerk tallied the votes and the Public
Relations Officer verified the tally.
Mayor Davis announced that Kent Gubler is the Special Events
Commission Representative for the Town of Avon.
Next under New Business was Vacancy Announcements on the Planning
and Zoning Commission.
Council instructed the Town Clerk to advertise for Derek Pysher's
vacancy now, so as to fill the position as soon as possible.
Council instructed the Town Clerk to advertise for the three
positions at a later date, to fill positions by May 1st.
Next under New Business was Construction Regulations.
Mr. Rick Pylman reminded that approximately one month ago Council
received public input from two different persons expressing
concerns of construction impacts and requesting the Town to look
into an ordinance regulating construction. Mr. Pylman added that
the obvious main issue with construction impact to adjacent
residential properties is noise. Secondary considerations are
dust control and litter. Mr. Pylman added that problems of the
construction industry have also been taken into account, such as a
short construction season. Staff has tried to minimize the impact
on the construction industry, so as to not burden contractors and
result in higher costs of development. Staff suggests that on
Monday through Saturday construction be limited to daylight hours;
sunrise to sunset, and Sunday from 8:00am to 6:00pm. During those
hours any construction activity normally associated with building
would be allowed, including excavating, heavy equipment, drilling,
etc. Outside those hours, limited construction activity would be
allowed as long as no audible noise is at the property line. Mr.
Pylman added this would be relatively easy to enforce. Mr.
Pylman suggested structuring an ordinance along these lines.
Mayor Davis mentioned that with regards to Sunday hours 6:00pm is
after sunset in the winter.
Councilor Hines suggested to further restrict hours on Sunday.
Councilor Hazard mentioned that daylight hours in the summer could
be 5:30 in the morning. Councilor Hazard suggested Monday through
Friday 7:00am to 6:00pm (10 hours). On Saturday 7:00am - 12/Noon.
No work on Sunday. Dust control could be absolutely controlled
with using water pump or whatever means. Litter control. Keep
the road open, no traffic on the road so that traffic is blocked.
Other loud music and dog control.
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Mayor Davis expressed Councilor Hazard's suggestions may be too
restrictive in a community that is going to be doing alot of
construction in the next few years. Mayor Davis expressed
restricting Saturday is a problem and restricting Sunday may not
be. Mayor Davis questioned enforceability of any restrictions.
Mayor Davis suggested more of a noise ordinance, including snow
removal, trash trucks, etc. Mayor Davis agreed that trash and
dust is a problem and the Town does need to work with that.
Mr. Pylman added that strict litter control should be
incorporated, along with dust control, as well as enforcement
issues. Mr. Pylman suggested ticketing over red-tagging the
construction project.
Councilor Reynolds questioned what department would be enforcing
the issues. Mr. Pylman responded that as a practical matter the
Community Development Department is not usually around in the
early or late hours and that the Police Department would be
available.
Councilor Hines requested more information should this become a
noise ordinance. With a noise ordinance, it may adversely affect
certain businesses (some people have alot of contracts and the
only way for them to fulfill those contracts is to work around the
clock).
Councilor Reynolds suggested the Town should separate the two; An
ordinance for Construction workers and another one for Noise
Control. Construction to include living on site, litter, etc.
Mr. James stated the guidelines which were presented to Council
are basically the guidelines for Beaver Creek. Beaver Creek
accepts sunup to sundown Monday through Saturday and Sunday 9:00am
to 6:00pm. Mr. James mentioned that trash and dust control is
something that the Town should be enforcing as those items are
existing in the present Code. Loud speakers are addressed under
public nuisances.
Discussions followed as to setting hours versus sunrise to sunset
and summer and winter time variances for daylight. Also
neighboring commercial property versus residential property.
Council directed Mr. Pylman to research and discuss further at a
worksession.
Next was Mayor's Report.
Mayor Davis stated that the Colorado Association of Ski Towns is
opposed to the enactment of Senate Bill 101 in the Colorado
General Assembly. Mayor Davis stated that basically that bill
will change from residential to commercial certain condominiums
that are rented out for short term. The concern is, once the
change is made, taxes will increase and many units would be pulled
from the rental pool causing a shortage of rental units, thus less
revenues. Mayor Davis requested Council to pass a Resolution for
the Town of Avon as read.
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Councilor Gersbach motioned to support the Resolution of the
Colorado Association of Ski Town in opposing the Enactment of
Senate Bill 101 in the Colorado General Assembly. Councilor
Pysher seconded the motion and the motion was carried unanimously.
Mayor Davis directed the Town Clerk to
Resolution No. , as Mayor Davis
send to the proper persons showing the
opposing the Enactment.
type the Town of Avon's
will sign the Resolution and
Town of Avon's support in
Other Business was next on the Agenda.
Mr. James announced that meeting dates need to be set to meet
with Mr. Carl Neu, a specialist in team building and goal setting
between Council and Staff. Dates were agreed to be Tuesday,
February 25th, 12/Noon till 6:00pm. and Tuesday, March 17th,
12/Noon till 5:00pm. These sessions will be held in Beaver Creek
at the Hyatt, space being available.
Councilor Gersbach suggested a decision on funding for Jimmie
Heuga Fund be made now. Mayor Davis suggested $1,000, keeping in
line with other organization donations, and if Council prefers to
donate a higher amount continue discussion to a worksession.
Council agreed to discuss further in a worksession.
Council reported on Committees.
Councilor Nottingham had nothing to report.
Councilor Reynolds reported families are moving into the Wildwood
North Townhomes.
Councilor Gersbach questioned if anyone attended the Berry Creek
presentation last night. Mr. Pylman responded that approximately
20 people were in attendance. Most people were related to the
Equestrian Center. A few people completed surveys. The meeting
adjourned approximately 8:20pm. Mayor Davis questioned the school
proposal.
Councilor Hines had a meeting conflict with the Mountain Man
Triathlon and did not attend the meeting. Councilor Hines
mentioned Busch indicated a desire to be part of the event next
year and that the Board would like to make a presentation to
Council.
Councilor Hazard reported that Council elected the Special Events
Commission Representative this evening. Councilor Hazard attended
the meeting of Channel #23 and fund-raising is a priority.
Councilor Hazard reported the Ski Classic draw will be held in
parking lot of Wal-mart and should attract approximately 2,000 to
3,000 people.
Councilor Pysher had nothing to report.
-12-
The Financial Matters were next presented to Council.
Councilor Reynolds Inoved.to receive items #1 through #11 and
approve items #12 through #16. The motion was seconded by
Councilor Hines and was-unanimously carried..
Next presented to Council were the Council Meeting Minutes.
Councilor Reynolds moved approval of the January 28th Regular-
Council meeting minutes as presented. 'The motion was seconded by
Councilor'Gersbach and'was unanimously carried.
There being no further business--to come- before Council, Mayor
Davis adjourned the meeting at 11:55pm.
RESPECTFULLY SUBMITTED:
Patty Neyh rt; own Clerk
-13-
Exhibit A i
February 11, 1992
Mayor Jerry Davis and
Town Council of Avon
Avon, CO 81620
Dear Mayor Davis and Town Council:
This letter is prepared in response to the proposed new road
in front of our business, Cassidy's. As you are aware, we
recently renovated, expanded and reopened the former Hole in
the Wail in the Benchmark Shopping Center. We are pleased to
be a revenue-producing member of your community.
Approximately six months was spent in the planning and develop-
ment stages of the project. Very thorough research was given
to all aspects before construction was begun. We requested
and were given a map by the Town of Avon showing the location
of the current road in conjunction with the new underpass.
Additional questions were answered on a number of issues in-
cluding the resulting elevations at the curve in the road in
perspective to our business location. Considerable time was
also spent on how the recently completed underpass project
would effect our parking.
Following these many discussions, we agreed to sign a 20-
year lease on the current business space, invested consi-
derable dollars and opened Cassidy's 60 days ago. In a very
surprise moment last week, I was told for the first time
about the Town's proposal to rework the road in front of our
business resulting in a 25% decrease in the current number
of parking spaces.
After being open only two months, a common complaint already
is the lack of adequate parking. Had fewer parking spaces
been discussed in the preliminary stages, it would have
seriously altered our plans. The bottom line is a reduction
of parking would drastically hurt our business in both the
short and long term.
One of the advantages Avon and the other outlying areas has
to offer is easy access and parking. This aspect is very
important in marketing individual businesses as well as the
community. Reducing the number of convenient parking places
does not accomodate this.
It also appears the current bend in the road encourages
traffic to slow down and "look around Avon" vs a thoroughfare
to I-70 and Beaver Creek. In other words, faster is not
always better.
0
•
Page 2
I very much appreciate all the time, effort and work that
have gone into this plan. It appears the individual aspects
that make up the entire plan now need to be addressed accord-
ingly. I would ask that you take the approach to discuss
these one at a time. What are the costs, needed construction,
the effect on Avon businesses, etc. There may be additional
issues involved in this master plan that effect others in a'
similar way. The parts make up the whole; let's examine the
parts before the whole is approved.
Thank you for your consideration.
Sincerely,
rry Ray
President
Avon Restaurant, Inc.
TLR:vlj
EXHIBIT B
PETITION
We the undesigned merchants at Benchmark Shopping Center
request that the Avon Town Council remove from the proposed
streetscape plan the provisions which will restrict access to the
parking lot on the north side of the building and will move the
road on the south side of the building. Thank you for your
consideration.
Name Business
r
t
ONL4M U M6. INC.