TC Minutes 01-14-1992MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 14, 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 7:33p.m.
A roll call was taken with Councilors Mike Bennett, Charlie
Gersbach, John Hazard, Tom Hines, Gloria McRory, and Albert
Reynolds resent. 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,
Town Clerk Patty Neyhart, as well as members of the press and
public.
Mayor Davis called for Citizen Input.
First on the Agenda, Mr. Steve Miller, representing Channel #23
was scheduled to appear. With Mr. Miller not in attendance,
Mayor Davis called for the second item under Citizen In-Put.
Mr. Frank Doll came before Council to inform of last summer's
construction concerns regarding Eaglebend and hours of
construction. Construction went from 5:30am-9:30pm, seven days a
week. Mr. Doll suggested 7:00am until 6:00pm. With Avon
growing, more construction is evident and Mr. Doll suggested some
guidelines prior to this upcoming construction season.
Councilor Hines questioned how to set these guidelines; thru an
Ordinance. Council members agreed that an ordinance may be
necessary.
Mr. Doll added that dust control measures need to be set and
mentioned that litter and trespassing should also be addressed.
Mr. Doll noted an example of dust control measures while golfing
in Singletree this past summer; Mr. Doll stated that while one
man was digging the foundation another man was spraying a water
hose to eliminate the dust.
Mr. Pylman stated that Eaglebend is scheduled for completion in
March. Mr. Doll mentioned all work is now inside and is quiet.
Council directed Staff to create an ordinance addressing the hours
of construction and dust control measures.
Next under Citizen Input was Mr. Gregg Sanders, property manager
of Gosshawk Townhomes. Mr. Sanders expressed his concern of lack
of supervision on the Wildwood Townhome construction site, which
is neighboring the Gosshawk Townhomes. Mr. Sanders suggested a
construction superintendent is needed to avoid-instances such as
the Holy Cross installation. Mr. Sanders stated that Holy Cross
came in the Gosshawk Townhome access road, without any
notification, dug a 3' X 10' ditch completely across the driveway
and had it blocked off for approximately 6 hours while installing
service for Wildwood Townhomes. Mr. Sanders continued that if an
emergency had occurred, emergency vehicles would not have been
able to get to the Gosshawk property.
Other concerns that Mr. Sanders expressed were the dust during
construction and destruction of the driveway by the construction
vehicles.
Councilor McRory questioned if Mr. Sanders received any response
from Holy Cross. Mr.' Sanders stated that no response has been
received from Holy Cross.
Mayor Davis questioned Mr. Sanders' satisfaction of Town Staff.
Mr. Sanders stated that the Town has not responded adequately to
past requests. Those requests being the dust situation;
approximately 3-4 days later after visiting Mr. Pylman the
construction crew started watering to eliminate the dust. The
parking situation,has never been taken care of. Mayor Davis
questioned if "no parking" signs have been posted. Mr. Sanders
stated that no signs have been posted. Mr., Sanders added that
the Avon Police Department will not tow on private property.
Councilor McRory responded that the property owner can have the
car towed when the car is on private property.
Mr. Sanders stated the current concerns were the entry driveway,
parking on both sides of the fire lane, and more supervision on
the construction site.
Mayor Davis stated that Mr. Rick Pylman is the coordinator for
the construction.
Police Chief Art Dalton added that it is the landowner's
responsibility to tow the vehicle and the Police Department will
check the vehicle,.however signs must be posted prior to towing.
Police can write tickets on a marked fire lane.
Mr. Sanders questioned if the Town Council had any recourse to
ensure that Holy Cross can not block off access without notice.
Councilor Gersbach questioned Mr. Pylman if a utility company is
required to secure a permit prior to excavation. Mr. Pylman
responded that they are not required to secure 'a permit. Town
Attorney John Dunn added that the utility company has the
easements.
Mr. Sanders presented Council with photos of roof lines of the
Wildwood Townhomes as examples of the views of the occupants of
the Gosshawk Townhomes. Mr. Sanders questioned the actual
elevations and proximity of Wildwood Townhomes to Gosshawk
Townhomes. Councilor McRory mentioned that it is the buyers
responsibility, to know and seek knowledge of the surrounding
landowners intentions, prior to purchasing. Mayor Davis added
that numerous notices and newspaper articles were circulated prior
to the Wildwood Townhome project being built.
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Mayor Davis directed the discussion to the current concerns such
as the parking and blocking access. Mayor Davis directed Mr.
Sanders to coordinate current concerns and solutions with Mr.
Pylman. Should Mr. Sanders not receive satisfaction, Mr. Davis
requested to be contacted.
Next under Citizen Input was Mr. Tom Britz and Mr. Pat Smith
with Vertical Marketing, Inc. Mr. Smith resented Council with
an information pamphlet (see attached) during Mr. Britz's
presentation. Mr. Britz informed there are two issues to
discuss; Request and Suggestion.
The request is authorization to promote Avon and pay Avon for the
privilege of obtaining a licensing agreement for Bob the Bridge.
The points behind licensing would be to protect the ideas,
maintain an image within the realm of socially acceptable, and
potential revenue for the Town. The licensing agreement could
benefit Avon with recognition, incremental revenue, and shows
continuity of community's sense of humor. The agreement should
cover use of the word Bob with use in conjunction with Avon,
Colorado, supply promo products for the Town at cost, and
"Official Bob Products" designation, registered on behalf of the
Town of Avon, allowing versatility of design with proprietary
rights and image. The licensing agreement will protect the ideas,
image, and potential revenue source (50 of sales) for the Town.
Mr. Britz gave numerous ideas of how to promote Bob with samples
of licensed products, such as a street sign. Mr. Britz mentioned
ideas of events, including possibilities in conjunction with the
Merchants Association.
The suggestion Mr. Britz offered was how to securely install the
Bob the Bridge street sign.
Mr. Britz questioned Council on what direction to take to promote
Bob the Bridge. The consensus of Council was; a permanent sign on
the bridge be installed, an event tastefully created with Bob the
Bridge in mind, and questioned licensing (concepts and rights of
Town).
Mayor Davis suggested that Council discuss in more detail at the
next worksession scheduled for January 28th.
There being no further Citizen Input, the Mayor closed that
portion of the Agenda.
First Reading of Ordinance No. 92-1, Series of 1992, AN ORDINANCE
ADDING A NEW CHAPTER 2.32 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON, RELATING TO RESIDENCY QUALIFICATIONS OF COUNCIL MEMBERS.
Councilors Bennett and McRory withdrew from Council Chambers due
to conflict of interest.
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Mayor Davis stated that advice was sought from the Attorney
General and the Colorado Municipal League. The Attorney General
responded that the Charter does not allow giving advice to
Municipalities and Colorado Municipal League questioned the
legality of Councilors' votes when not a resident. Mayor Davis
mentioned the fact of emergencies; i.e. should a Councilor's
house burn down, it should be noted in the Ordinance. Mayor Davis
stated that Councilor McRory has resigned as of January 31, 1992
and that Council needs to deal with that this evening and declare
a vacancy. Mayor Davis stated with regards to Councilor Bennett,
should this Ordinance pass, Councilor Bennett would need to
declare he is no longer a resident and could request an extension
of time to be on the Council; Council would then need to make that
decision. Should Councilor Bennett not request that extension,
Council would need to declare a vacancy. Mayor Davis expressed
that one year out of Town may be too lengthy.
Councilor Reynolds reiterated concern of legality of vote when not
a resident. Councilor Reynolds questioned if a person lives out
of town and can not vote in the general election, do they have the
right to vote on the Council.
Town Attorney stated the problem at hand in considering the
Ordinance and this entire issue is the intent to return when
somebody leaves. Town Attorney Dunn read state statue, "that a
person shall not be considered to have lost his resident if he
leaves his home and goes into another state or territory or
another county or municipality of this state merely for temporary
purposes with an intention of returning."
Mayor Davis stated the issue is not being able to vote in the
general election; if residency is still claimed in Avon even
though living somewhere else, the person can still vote in the
general election in Avon. In one case that is being discussed,
the person can not vote in Avon because there is no residency.
This Ordinance is trying to address if a person has a resident and
leaves it temporarily, the intent of returning. When a person
does not have a home it is hard to address intent of returning.
Under the Charter, the Council has authority to define what is a
resident and qualified elector; once a person is elected (to
Council) when does a vacancy occur. Town Attorney Dunn stated
that this Ordinance (if adopted) will provide a
framework/guidelines for judging the qualifications of Council's
members.
Councilor Reynolds agreed with Mayor Davis in that one year out of
Town is too long and suggested, instead of the two 6-month
intervals, two 3-month intervals making a total of 6 months out of
Town.
Councilor Hazard mentioned the time needed to rebuild should an
emergency occur, such as fire. Councilor Hazard requested adding
a provision for an Act of God, to give the person additional time
to retain residency.
Mayor Davis called for a motion.
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Councilor Reynolds moved
of 1992 on First Reading
2.32.020 that the 6 month
Section 2.32.030 the time
months, and an additional
an Act of God with a time
adoption of Ordinance No. 92-1, Series
with the following changes; Section
period be changed to 3 months, and
period be changed from one year to six
Section be added creating a situation of
limit at the discretion of Council
Councilor Hines seconded the motion.
Mayor Davis entertained a roll call.
Those Councilmembers voting aye were Charlie Gersbach, Tom Hines,
Albert Reynolds, and John Hazard. Councilor Bennett and Councilor
McRory abstained from voting. There were no nay votes. The
motion carried.
Mayor Davis mentioned that Councilor McRory resigned as of January
31, 1992 and Council should seek to fill this vacancy. Councilor
McRory stated the resignation was withdrawn. Councilor Gersbach
questioned how long Councilor McRory has been out of Avon to which
Councilor McRory answered since last February, 1991 and is
presently living in Singletree. Due to increased rental fees,
Councilor McRory built a home on a Singletree lot with hopes of
selling and returning to Avon to build a home. It is possible
that Councilor McRory will not be a resident of Avon for over a
year. Councilor McRory stated that if there is a problem, the
resignation can stay. Councilor McRory mentioned that if she
returns to Avon within six months she will not qualify to run in
the November, 1992 election, as a person must live in the Town for
1 year prior to running. Councilor Gersbach reminded that
Councilor McRory was asked to put the resignation aside due to
this Ordinance and that Council wished to retain her as she is an
elected Council Member. Council has not acted on the letter of
resignation on file in the Clerk's office. Mayor Davis requested
Councilor McRory to clarify her position of resignation or
withdrawal so that Council may act. Councilor McRory stated a
letter will be written tomorrow of her intentions. Mayor Davis
asked for Council direction. Councilor Hazard suggested allowing
Councilor McRory to have the evening to contemplate.
Mayor Davis noted that once this Ordinance is passed, Councilor
Bennett will be responsible to declare he is no longer a resident,
ask the Council (if he so desires) that he intends to move back
into Town and request an extension of 3 months. The Council will
then make a decision to grant or not grant Councilor Bennett's
request. Councilor Bennett requested this be resolved as soon as
possible.
Resolution No. 92-1, Series of 1992, A RESOLUTION APPROVING THE
FINAL PLAT OF WILDWOOD TOWNHOMES NORTH, A RESUBDIVISION OF LOT 5,
BLOCK 5, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
Mr. Rick Pylman informed this is a simple townhouse subdivision
plat, the north lot of the Wildwood Townhomes, a five-plex
building. Staff has reviewed the final plat and found it to be in
compliance with the subdivision regulations. Mr. Pylman
recommended approval, with one condition; that it be approved
subject to technical corrections (Town Engineer to review plat and
make sure the surveyor's work is accurate).
-5-
Councilor McRory moved adoption of Resolution No. 92-1, Series of
1992, subject to technical corrections. Councilor Reynolds
seconded the motion and the motion was carried unanimously.
Next under Unfinished Business was the Avon/Beaver Creek Resort
Association Agreement.
Mr. Bill James informed that the agreement presented outlines
services to be preformed by the Avon/Beaver Creek Resort
Association on behalf of the Town of Avon for the contribution of
$68,000 for special events and an additional $40,000 for operation
of the visitors' center for 1992.
Councilor McRory moved to approve the agreement between the Town
of Avon and the Avon/Beaver Creek Resort. Councilor Reynolds
seconded the motion and the motion was carried unanimously.
Next under New Business was Colorado First Construction/Change
Order.
Mr. Rick Pylman requested Council to table this item.
Councilor Bennett moved to table Colorado First Construction
Change Order until the next Council Meeting. Councilor Reynolds
seconded the motion and the motion was carried unanimously.
Next under New Business was the American Disabilities Act Report
from Mr. Larry Brooks.
Mr. Brooks informed the American with Disabilities Act was signed
into law on July 26, 1990. The purpose of this act was to
"provide a clear and comprehensive national mandate for the
elimination of discrimination against individuals with
disabilities." Mr. Brooks informed, regarding the public
transportation title, the act requires transportation providers to
submit a report covering areas of equivalent service, purchase of
accessible vehicles, training of employees, operating policies,
interim requirements for buses and fixed facilities, and
employment provisions. Mr. Brooks mentioned that he had a sample
report consisting of approximately 85 pages from the City of
Greeley should Council choose to review this. This report, in
order to comply with the federal law governing this, can be
submitted one of two ways. One way is that each transit provider
can submit their own separate report; i.e. Leadville, Avon,
Beaver Creek and be submitted by January 26, 1992. Or, Mr.
Brooks recommends a joint report may be filed and submitted by
July 26, 1992. The total cost of a joint report is approximately
$10,000; Avon's contribution will be $1,985. Mr. Brooks is
recommending to file a joint plan certification in January, select
a firm to perform the work in February, get a completed report in
May, approval in June, and submit in time by the July deadline.
Mr. Brooks is requesting Council to authorize the preparation of
a joint ADA plan and approve the expenditure of $1,985 for this
purpose.
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Councilor McRory questioned that after this report is submitted,
will the Town be informed of what/how to do with the system to
comply with this Act. Mr. Brooks stated this report acts as a
check for the system and the Town will be informed what changes if
any need to be taken to comply. At this time, there is no idea of
costs involved to comply due to the various service components.
Councilor Bennett moved to authorize joint preparation of the ADA
plan and approve the expenditure of $1,985'for such purposes.
Councilor Reynolds seconded the motion and the motion carried
unanimously:
Next was Mayor's,--Report.
Special Events Commission Task Force was first mentioned by Mayor
Davis. Mayor,Davis questioned Council on who to appoint to this
commission or what action should be taken. Councilor Bennett
moved to participate in the Special Events Commission Task Force
and proceed to advertise for candidates to fill the requirements
that are recommended by the Task Force. Councilor Hines seconded
the motion. The motion was carried with Councilor McRory and
Councilor Reynolds opposed. Mayor Davis requested resumes to be
submitted at-next Council meeting.
Mayor.Davis informed Council of the CAST Legislative Tour
scheduled for January 31st, February 1st and 2nd.
Mayor Davis mentioned Colorado Municipal League is offering two.
conferences; one being a legislative workshop for February 6th and
one for January 18th for elected officials.
With regard to Council Committee Updates, Mayor Davis requested
this item be placed on all future Worksessions.
Mayor Davis mentioned a Bike Path meeting regarding Highway
82-Baslt. Mr. Pylman will try to attend this meeting as he
attended the meeting in silt.
Mayor Davis announced that the next Eagle County Regional Meeting
is scheduled January 22, 1992 in Vail at 5:15pm: Primary
discussion to,be on Bike Paths and Transportation.
Mayor Davis questioned Council on how to deal with Regional
Transportation in the future. Mayor Davis suggested that Council
support the election and let the County lead the efforts and
should-the item not pass, Avon will continue as in the past. The
election would be for a county-wide 1/2o sales tax increase for
regional transportation. Council then needs to decide if it does
pass what percentage if any of the sales tax should Avon receive
back; or,. it could pay for Avon's operating expenses. Councilor.
Hines expressed concerns that should the election fail, Mr.
Brooks should proceed as is without loosing any momentum. Under
the current budget, Mr. Brooks is showing $737,000 just for
operations. This figure does not take into consideration
rolling-stock, debt service or lease payments, but does represent
repairs.. 15 busses are utilized in that figure. Mayor Davis
questioned Council regarding; 1.) whether to support the election
and 2.) if it were to pass, does Avon want something back out of
the money that is generated and 3.) what kind of controls does
Avon want on it.
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• 0
Councilor Bennett suggested that considering the passage of the
1/20, Avon would no longer have to contribute and Avon would in
essence get back the $90,000 that it is currently contributing to
the system. With that in mind, Councilor Bennett supports it (the
election) and recommended not requesting a portion of the money in
lieu of the $90,000 saved. Councilor Hines and Councilor Reynolds
agreed with Councilor Bennett.
Mayor Davis questioned if there should be any controls or
stipulations. Discussion pertained to effective date should the
election pass; concerns expressed were towards continued service.
Mayor Davis informed that the next Transportation Task Force
meeting will be held January 22nd at 8:30am in the Avon Fire
Station. Mayor Davis will explained Council's philosophy; to get
the $90,000 back and have a regional transportation system.
The Financial Matters were next presented to Council.
Councilor McRory questioned Town Attorney Dunn on a conference
with Petri for 10 minutes on McGrady Acres of December 12th.
Attorney Dunn responded that it is for 1/10th of an hour and was
relating to McGrady Acres open space.
Councilor McRory questioned Vail Associates payment of $66,807;
ski pass, fuel, and supplies. Mr. Brooks responded that the Town
purchases approximately 75 ski passes (some full price and some
re-issue) as benefit for part time employees. Fuel is the $16,000
and $39,000 amounts.
Councilor McRory moved to receive items #1 through #15 and approve
items #16, #17, #18, and #19. The motion was seconded by
Councilor Reynolds and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor McRory moved approval of the December 11th Regular
Council Meeting and December 19th Special Council Meeting minutes
as presented. The motion was seconded by Councilor Hines and was
unanimously carried.
Mayor Davis mentioned that Eagle County has contributed $2,500
towards the bus election payable to the Town of Avon in three
installments. Mayor Davis informed that Mr. Dick Gustafson
agreed the County will run this election.
There being no further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor McRory moved to
adjourn. The motion was seconded by Councilor Bennett. The
meeting was adjourned by mayor Davis at 10:25pm.
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RESPECTFULLY SUBMITTED:
~ns~-mo-- -
Patty Ney art, own Clerk
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BOB AGENDA
l_J
Presented by Vertical Marketing, Inc.
Tom Britz, Pat Smith
Avon Town Council
January 14, 1992
1. Bob Licensing Agreement
1. Overview
A. Outline Request:
1. Promote Avon
2. Pay Avon to do it.
B. What does Bob the Bridge mean to Avon?
1. National Image - PR coup
2. Example of cooperation between multiple governmental agencies
3. The good nature of its citizens
C. How can Avon gain by exploiting Bob?
1. There is nothing to lose.
2. Playoff your strengths... Bob the Bridge is already known.
3. If it works, it is a source of incremental licensing revenue.
D. What's the point?
1. Protection of the ideas and energy
2. Maintain an image within the realm of socially acceptable
3. Potential revenue source for the town; could be earmarked for
recreation, landscaping or events.
4. It's fun...Avon is a user-friendly community.
2. Bob Licensing Agreement
A. What's in It for Avon?
1. Recognition
2. Incremental Revenue
3. Shows continuity of community's sense of humor.
B. What should it cover?
1. "Use of Bob with reference, and use in conjunction with Avon, Colorado
on printed materials, textiles, signs, etc."
2. Supply promotional products for Town of Avon use, at cost.
3. "Official Bob Products" designation, registered on behalf of Town of
Avon, allows versatility of design with proprietary rights.
C. Why do a licensing agreement at all?
1. Protection. of the ideas and energy
2. Maintain an image within the realm of socially acceptable
3. Potential revenue source for the Town of Avon.
3. Sample Bob licensed materials:
B. Sample licensed products:
T-Shirts/Sweatshirts
Postcards
Bumper Stickers
Green "street type" signs
Yellow "yield to Bob" signs
Key Bobs (as opposed to Key Fobs)
Bob Beer (when you're out of Bob, you're out of town)
No-Bob (non-alcoholic beer)
License Plate Holders
...more to be determined; no shortage of ideas.
A. Sample uses, always with the Identification of Avon, Colorado:
Beaver Creek at Bob
Bob... Gateway to Walmart
I stepped all over Bob.
Vail. 10 minutes east of Bob.
Bob World Tour 92
Bob. Ski Country USA.
Hello, my name is Bob.
Front: Bob backwards is...
Bads Bob
i honked on Bob.
Front: Bob, Bob, Bob
Bade Bob, Bob-a-ran
Bob... Gateway to Beaver Creek
Bob slept here.
Bob...didnY he used to play for the Grateful Dead?
4. Where would Bob be marketed?
Primarily in Avon. Bob IS in Avon, after all. Priority to Avon-area merchants.
And available wherever there is a market to promote Avon.
5. How to keep the Bob sign up on the Bridge:
(Upper Michigan Solution)
II. Bob Festival Suggestions
Objective:
A promotion to bring visitors to Avon at a
traditionally slow date.
Suggested Date:
Late May or early June weekend
Grand Marshall:
Bob Uecker
King:
Bob
Queen:
Bob-a-ran
Activities:
Softbob tournament
Bob Critedum (across Bob and back)
Soap Bob Derby
Bob n' Weave (boxing among politicians)
Bobfire after dark
VolleyBob
Bobsled race
Bobcat Races
Bob-a-thon
Eat Bob:
Beans, Onions and Beef
Shish-k-Bob
Bob-B-Que Ribs
Bobcicles
Drink Bob:
Bourbon, Orange Juice and Benedictine (needs to be refined
somewhat)
Bob Beer, (or no-Bob)
Bobaritas
Play Bob:
Bob-Ball: (Prom for big kids)
Bob-E-Sox Dance, music by Flash Cadillac (or similar),
Buy Bob:
Bob Bucks. Retail promotion with Avon merchants.
Question: What direction does the Town Council want to take on
this promotion?
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