TC Minutes 08-25-19920
9
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 25, 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 7:37p.m.
A roll call was taken with Councilors Charlie,Gersbach, Celeste
Nottingham,-Derek Pysher, and Albert Reynolds present. Councilors
John Hazard and Tom Hines were 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, Police
Chief Art Dalton, Fire Chief Charlie.Moore, Recreation
Superintendent Meryl Jacobs, Public Relations Officer Teresa
Albertson, Town Clerk Patty Neyhart, as well as members of the
press and public.
First item on the Agenda was Citizen Input.
Subdivision of Lot 102, Block 1, Wildridge was discussed.
Mr. Rick Pylman informed the developer of Ski Vista Townhomes,
Michael Bruen approached Staff with a development proposal to
split the lot adjacent to the Ski Vista Townhomes. Right adjacent
to Ski Vista Townhomes is another four-plex lot. Duplex lots
continue further down the road. Mr. Bruen asked what the
procedure would be to split the four-plex lot into 2 two-plex
lots. Mr. Pylman encouraged Mr. Bruen to discuss this with
Council due to a Resolution passed by Council in July, 1990
discouraging this type of development. A Resolution passed that
directed the Planning and Zoning Commission and Design Review
Board not to approve the subdivision of any more duplex or
multifamily lots within Wildridge. Mr. Pylman mentioned that Mr.
Bruen needs some feed back whether this policy is still in place
or if this idea should be pursued.
Mr. Mike Bruen, representing J & B Enterprises, Inc. Development
Company, stated he did develop Ski Vista Townhomes. Mr. Bruen
noted advantages of this lot being the two entrances from an upper
and lower road and all the lots thereafter are duplex lots. Mr.
Bruen's request is to divide into two lots; go from a four-plea
lot to 2 two-plex lots.
Mayor Davis mentioned past Council was requested to subdivide lots
regardless of density (sometimes increase/sometimes decrease),
thus Council passed a Resolution to stop-that practice from even.
being considered. The question being tonight, does.this Council
want to discuss the matter.
Councilor Pysher cautioned proceeding and suggested guidelines to
proceed with to protect present property owners as soon as
possible. Councilor Pysher added to not necessarily accept this
request, but accept under certain circumstances.
Councilor Reynolds stated the property is zoned and should be use
as such.
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Councilor Nottingham questioned size of lot versus other lots.
Mr. Bruen noted this lot is almost double the other lots after it
is divided.
Councilor Nottingham questioned past situations that directed the
Resolution to be passed. Mr. Bill James informed Council"was
receiving lots of requests to subdivide lots in Wildridge.
Council discussed a_ moratorium to evaluate it and then decided to
leave it as it is. Mayor-Davis noted that no evaluation was
discussed, the Resolution was presented by a Councilmember that
had resigned/was leaving and the Resolution passed that night.
Councilor Nottingham suggested to protect the present property
owners. However, the size of this property does warrant further
discussion of the subdivision request.
Mr.. Bruen developed the site right next door and expressed
concern to protect present property owners.
Mayor-Davis suggested to have public input, come up with policies
addressing all situations (6, 4, 2 plex lots); what is acceptable
on what size lot, etc: If this is to be considered, the entire
situation should be considered.
Councilor Pysher expressed agreement to address the whole scope
and not just this project.
Mr. Pylman informed research has been gathered due to past
discussions and includes "requests of duplex lots to single family
lots.
Mayor Davis questioned Council on direction.
Mr. James recommended referring matter to the next regularly
scheduled Workshop.
Councilor Pysher motioned to request Staff to put on the next
regular worksession meeting this issue to be addressed. Councilor
Nottingham seconded the motion and the motion carried unanimously.
Next under Citizen Input was the Benchmark Trailer Park
homeowners' concerns.
Mr. Ken Sortland expressed concerns with-the new owners and,
managers of the Benchmark Trailer Park. Concerns noted were lack
of communication between-owners/managers and tenants, rate
increases from single wide space to double wide space and monthly
"increases, can not rent trailers as the owners bf the park are
requesting all to be owner occupied and if trailers are sold they
need to be moved from the park, and water increases. Mr.
Sortland asked the Town for assistance.
Mayor Davis questioned authority of Town, expressed-sympathetic
feelings towards this,'situation,- and requested advice from the
Town Attorney.
Attorney John Dunn informed--the Town's-power is limited;,,-does not
allow the Town to interfere with leases between-owners and-people
that live in the park. Attorney-Dunn mentioned it could be a
civil/private matter between landlord/tenant.
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Mayor Davis requested Mr. Pylman to discuss the Town of Avon's
Housing Plan. Mr. Pylman gave a synopsis of the Housing Plan.
The'Coal is development of residential neighborhoods each with
distinct identities which enhance the community's image and
provide a broad range of desirable housing opportunities for all
residents. The objectives are; preparation of master plans for
the development of each sub-area, enhancement of all existing
residential areas, development of housing opportunities for target
populations for which the private sector can not profitably
construct units, private development of at least 3-5 new medium
and low density residential areas for permanent residents,
development of housing which minimizes.impact on public
facilities, creation of public policy in a regulatory climate that
is conducive to residential development, development of affordable
alternatives for residents of the mobile home parks within and
near Avon who will likely be forced to relocate in the future as
real estate values continue to escalate, and increase availability
of financing for housing development and purchase.
Mayor Davis opened the meeting for further Citizen Input.
Mr. Ed Everett, resident of Benchmark Mobile Home-Park,-gave
calendar of events. November, 1985 there was discussion of a
development plan for the Town of Avon that included a statement
whereby the landowners of the park be responsible to,,relocate
residents of the park if the landowner redeveloped. January, 1986
to present, Mr. Everett mentioned concerns of lease agreement,
sublease, late fees,.dead grass,-recent rate increases-of rent and
water, and present restriction of non-rental and resale of units.
Mr. Everett requested Council to investigate water rates;
investigate rent increases, take positive action on the dead
grass/weeds, and pass an Ordinance to protect homeowners' rights
to rent and sell their own homes.
Mayor Davis questioned lease term. Mr. Everett informed the
lease is basically month to month. Mayor Davis assumed the
problem to be lack of communication between the owners and the
residents. Mr. Everett confirmed this assumption. Mayor Davis
volunteered to be liaison between the owners and residents.
Attorney Dunn stated the Town can not limit landowners' rights and
a month to month lease could be a problem for the residents.
Councilor Reynolds questioned the existence of the past Homeowners
Association. Mr. Everett stated the Association existed.,to save
the homeowners from the past difficult situation. Councilor
Reynolds suggested to form the Association and have a spokesperson
assigned to meet with the owners.
Mayor Davis reiterated he would be the liaison between the owners
and the spokesperson of the residents if needed and suggested the
Association hire an attorney as the Town's actions are limited.
Attorney Dunn volunteered to check with Colorado Municipal League
to see what Municipal ordinances have been devised to deal with
situations such as this.
Ms. Linda Ausseresses, manager of Benchmark Mobile Home Park,
invited all to the September meeting. Ms. Ausseresses informed
the landowners are requesting owner occupied units. Rent
increases were according to lot size. Classification of homes has
been established as A, B, or C, at owner's discretion. Relocation
information is available in the manager's office; relocation areas
are in Leadville and Dotsero.
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Ms.- Ausseresses stated water bills are taken care of by the
manger, the manager bills out to the residents exactly what the
park is billed; the park does not make any money off the water
sales. Common areas water bill is a separate bill.
Councilor Nottingham questioned available information on-financing
options. Ms. Ausseresses responded limited financing is
available and that information is available in the manager's
office.
Mr: David Ramos, resident of Benchmark Park, informed, thru an
interpreter, he has been ill thus making his rent payment late.
Manager is requesting $600 and he can not afford to.pay this. 'Mr.
Ramos is not allowed to live in a friend''$ trailer and pay the
space rent. Manager says Mr. Ramos can not buy Mr. Sortland's
trailer. Manager is not available after 5:00pm, yet manager will
come to Mr. Ramos's home after 10:00pm. Mr. Ramos has no place
to live and seek's Council's advice.
Mayor Davis stated the property owners have the right to.do what
they wish to do with their property. Mayor Davis stated the Town
can not legally do anything to force the property owners to come
to terms with the residents and again volunteered to be.a liaison
between the owners and residents.
Ms. -Kathy Olson, past Assistant Manager of the Benchmark Mobile
Home Park, voiced concerns of inconsistency of the managers and
heat tape installation being a possible fire hazard. Ms. Olson
questioned a grandfather clause.
Mayor Davis concluded that the Town is willing to do anything
possible, keeping in mind it is minimal. Mayor Davis informed he
will ca-11 the owners and managers and discuss some of the concerns
heard this evening.
Resolution No: 92-23, Series of 1992, A RESOLUTION OF
ACKNOWLEDGMENT FOR THE SERVICE OF HONORABLE DAN WILLIAMS
Mayor Davis read Resolution No. 92-23 in its entirety.
Councilor Reynolds motioned adoption of Resolution No. 92=23,
Series of 1992. Councilor Gersbach seconded the motion and the
motion carried unanimously.
Mayor Davis presented Honorable Dan Williams with a signed western
print.
Ordinance No. 92-15, Series of 1992, AN ORDINANCE ADOPTING A CODE
OF ETHICS FOR THE TOWN OF AVON AND PROVIDING PENALTIES"FOR THE
VIOLATION THEREOF-.
Council's consensus was to table this ordinance for further
discussion at the.next.regular Worksession.
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Ordinance No. 92-16, Series of 1992, AN ORDINANCE REPEALING-AND
REENACTING CHAPTER.6.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON,
RELATING TO DOG CONTROL; ADOPTING BY REFERENCE THE EAGLE COUNTY
ANIMAL CONTROL RESOLUTION OF 1992; AND PROVIDING PENALTIES FOR THE
VIOLATION HEREOF.
Attorney Dunn reminded that Council directed Staff to prepare an
Ordinance which adopts by reference the Eagle County Animal
Control Resolution of 1992 and substitutes that Resolution fo_r the
previous ordinances of the Town.
Councilor Pysher motioned to pass Ordinance No. 92-16, Series of
1992 on,first reading. Councilor Nottingham seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were Charlie Gersbach, Celeste
Nottingham ;,-Derek Pysher, and Albert Reynolds. Motion carried
unanimously.-
Resolution No. 92-24', S,e'ries of 1992, A RESOLUTION RELATING TO THE
REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1992
Attorney Dunn informed a substitute Resoluti6n'No...92-24 has been
handed out, changing paragraph #.2: The-top three-vote getters
will be elected for four year terms and the next three greatest
vote getters will be elected for remaining two year terms. This
Resolution is needed due to the fact that when vacancies were
filled there was a mixture 'of term lengths with no one being
appointed to fill a specific term/vacancy. This Resolution will
allow us to get back to the proper staggering.of terms.
Councilor Reynolds motioned approval of Resolution No. 92-24,
Series of 1992. The motion was seconded by Councilor Pysher and
carried unanimously.
Next was-'Unfinished Business with regards to the Railroad Grade
Separation Feasibility Study of West Beaver Creek Blvd.
Mr. James informed that Centennial Engineering was hired to do
the feasibility study of a railroad grade separation on West
Beaver Creek Blvd.
Mr. Norm Wood discussed, with aid of map; Mr. Wood informed
this study shows redevelopment of the mobile home park property to
provide a connecting street along the south-right-of-way of
Interstate 70. The bridge would be over the railroad tracks and
river west-of the mobile home park. Cost estimate is $4.2
million. This project could be done in'conjunction with
redevelopment of the mobile home park. The need for this project
is contingent upon redevelopment of the mobile home park or,total
build out.
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Next under Unfinished Business was the Post Office Update.
Mr. James informed the post office is receptive to some,
suggestions and not'to others. Mr. James noted that they may
possibly install (at their expense) three street light fixtures
($1,200 each) if the Town buys them. Council's consensus was to
buy the lights and have the post office install them. ,
Next under Unfinished Business was the Avon Arts Trust.
Mr. James informed the Avon Arts Trust is still negotiating for
the Sidewalk Society. The Trust has now raised $96,000, total
price is $275,000; the,Town would pay $179,000 and could be paid
out over 3 years with an annual payment of $60,000 with no
interest or a 4 year term with interest. Council's consensus was
to review with other goals at budget time.
Next under Unfinished Business was the Avon Town Center Mall
Sidewalk Discussion.
Mr. James noted a discussion with Mr. Larry Lybarger. Mr.
Lybarger voiced concerns about replacement of the sidewalk this
year. Cost estimate is $40,000. After some discussion on the
shape of the sidewalk, Council's consensus was to wait until next
year.
Next was New Business regarding Change Orders / Avon Road
Streetscape Plan.
Mr. Wood informed the change order for B & B is to reduce the
contract amount by $525.00. Items referenced in this change order
are inlet, grading, ground and pole receptacles and PVC conduit.
The other change order is for SaBell's Landscape and Maintenance
to increase the contract amount by $1,250. Items referenced in
this change order are change in point of location,on irrigation
system, transplant of one tree, and adjust valve boxes.
Contingency is $30,000 for total project budget and these amounts
fall within the contingency.
Councilor-Reynolds, motioned to approve the change orders as
presentedto be taken out of the contingency fund. -Councilor
Pysher seconded the motion and the motion carried unanimously.
Next was the Mayor's Report.
Mayor Davis mentioned tomorrow, 7:30am at Seasons of the Green is
a Speak-up Meeting for the Town of Vail on the Conference Center.
Mayor Davis is in receipt of a letter from TCI regarding renewal
of franchise. Council agreed to discuss further. Mayor Davis
gave the letter to Attorney Dunn for correspondence.
Mayor Davis has information on all the Boards / Commissions
appointed by the Governor should anyone be interested.
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Mayor Davis mentioned a bike path letter; the Town of Vail is
sending a letter.of'support to the State. Council agreed to send
a letter of support from the Town of Avon and directed Mr. James
to do so.
Mayor Davis questioned whether letters had been sent to Liz
Robbins and Assoc. regarding the bus funding. Mr. James responded
positively.
Mayor Davis mentioned the American People Ambassador Program.
Mayor Davis noted the Eagle County Regional Meeting is scheduled
tomorrow night at 7:00pm in the Avon Municipal Building.
Mayor'Davis questioned the light fixture issue. Mr. James
responded a letter was sent requesting documentation of freight
expenses prior to the Town's payment and we are awaiting a reply.
Mayor Davis mentioned a Red Ribbon Campaign, week of Oct. 24-Nov.
1st. Councilor Nottingham will take care of this.
Mayor Davis mentioned the 1992 NWCCOG Retreat. Councilor Pysher
will attend both days Thursday, August 27th and Friday, August
28th. Councilor Nottingham will attend Thursday, August 27th.
Mayor Davis noted the TCI First Annual MDA Vail Golf Classic, two
person scramble.
Mayor Davis announced the Summer Symposium on September-24th and
25th at the Hyatt in. Beaver Creek. Mr. James will attend in
Mayor Davis's absence.
Next was Other Business.
Mr.. James reminded Council of next Tuesday; a Worksession will be
at the Hyatt (space ayailability),:to discuss the Grand; Goal
Setting, and Proposed.Budget beginning",at~3:00pm. -Also, at-the
September 8th Council'Mee'ting we will prioritize goals for 1993.
The Financial Matters were.next pr-esented,to Council.:
Councilor Pysher moved to receive items #1 thru #3 and approve
items #4 thru #6. The motion was seconded by Councilor Reynolds
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Reynolds motioned approval of the August 11th, 1992,
Regular Council Meeting minutes as presented. The motion was
seconded by Councilor Nottingham and the motion carried
unanimously.
There being no further business to come before-Council, Mayor
Davis called for a motion to adjourn. Councilor Pysher.moved to
adjourn. The motion was seconded by Councilor Reynolds. The
meeting was adjourned by Mayor Davis at 10:20pm.
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RESPECTFULLY SUBMITTED:
Patty Ne hart,
Clerk
~l !oiwn ,
APPROVED: