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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. -2- • 0 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. -3- 0 • 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. -4- • • 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. -5- 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. -6- 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. -7- 0 • 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. -8- 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. -9- 9 • 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. -10- 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. -11- 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.