TC Minutes 04-14-1992MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 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 7:37p.m.
A roll call Was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, Derek Pysher, and Albert
Reynolds present. 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.
First item under Citizen Input was the Avon Library Branch.
Ms. Judy Yoder, member of the Board of Trustees gave an update on
the Library's progression. Ms. Yoder stated the Library opened
in September without a Director and with that in mind introduced
Mr. Joe Gunter, the new Director as of March 1st. Ms. Yoder
also introduced Lorraine Haslee, manager for the Avon Branch. Mr.
Gunter noted the favorable response for the Avon Library and how
pleased he is to be part of the Community. Mr. Gunter informed
that he will continue to keep Council updated on the programs and
materials available or planned at the Library. Ms. Haslee agreed
with Mr. Gunter regarding the overwhelming favorable Community
response (averaging 150 people daily). Ms. Haslee stated the
Library is very receptive to any input or suggestions and special
requests are accepted. Ms. Haslee mentioned eight individual
childrens' programs are planned weekly this summer.
Next item under Citizen Input was Ms. Barbara Stegemann
representing Adrenalin Adventures.
Ms. Stegemann informed Mr. Don Orrell of the Avon/Beaver Creek
Resort Association approached Adrenalin Adventures with the idea
of including bungee jumping during the July 4th celebration., Ms.
Stegemann stated that during.the July 4th celebration, the bungee
operation will be.from a crane instead of'a hot air balloon and on
private land;`Avon Town'Square.,-Adrenalin Adventures is currently
in operation with a hot air balloon'at the 4=Eagle Ranch in
Wolcott. Cost of a bungee jump is $89.00 for tourists and $69.00
for locals.
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Second Reading, Ordinance
AMENDING CHAPTER 8.24 OF
RELATING TO LIMITATION OF
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No. 92-3, Series of 1992, AN ORDINANCE
THE MUNICIPAL CODE OF THE TOWN OF AVON,
CONSTRUCTION ACTIVITY.
Mr. Rick Pylman reminded Council that this Ordinance is in
response to complaints the Town received regarding construction
activity; specifically.the noise. '.Mr. Pylman stated the
Ordinance allows construction activity`Monday thru Friday with
virtually no restrictions, from 7:00am to 7:00pm on Saturdays, and
9.:00am to 6:00pm on Sundays and Holidays; enforceable by audible
noise at the property line. No changes were made to the ordinance
after.-first read-ing and is presented tonight for second reading
and public hearing.
Mayor Davis opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed that portion of the
meeting.
Councilor Hines questioned penalties; any warning prior to fines.
Mr. Pylman,stated there is no first time warning built into the
Ordinance; thus, would be at the discretion of the enforcing
officer.
Councilor Hazard mentioned parking problems already occurring in
the,Wildridge area and questioned enforcement of parking problems.
Police Chief Dalton stated first time the officers give warnings;
second time the officers issue tickets.
Mayor Davis called for a motion.
Councilor Pysher.motioned adoption of Ordinance No. 92-3, Series
of 1992. Councilor Hines seconded the motion.
Mayor Davis entertained a roll call.
Those Councilors voting aye were Albert Reynolds, Derek Pysher,
Charlie'Gersbach, Tom Hines, and Celeste Nottingham. Motioned
carried with Councilor Hazard opposing.
First Reading, Ordinance No. 92-5, Series of 1992, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 15.08; ADOPTING BY REFERENCE`THE
1991-'EDITIONS OF THE UNIFORM BUILDING CODE'AND THE UNIFORM
BUILDING CODE STANDARDS;, AND REPEALING CHAPTER 15.04
ADMINISTRATIVE CODE OF THE-MUNICIPAL CODE OF THE TOWN OF AVON AND
SETTING FORTH DETAILS IN REGARD THERETO
First'Reading, Ordinance No. 92-6, Series of 1992, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 15.12 OF. THE AVON MUNICIPAL CODE;
ADOPTING BY REFERENCE THE "NATIONAL ELECTRICAL CODE", 1990 EDITION
First,Reading, Ordinance No. 92-7, Series of 1992, AN ORDINANCE
REPEALING AND REENACTING-CHAPTER 15.20 OF THE AVON MUNICIPAL CODE;
ADOPTING BY REFERENCE THE "UNIFORM PLUMBING CODE", 1991 EDITION
First Reading, Ordinance No. 92-8,.Series of 1992, AN ORDINANCE
REPEALING AND REENACTING CHAPTER 15.24 OF THE AVON MUNICIPAL CODE;
ADOPTING BY REFERENCE THE "UNIFORM MECHANICAL CODE", 1991 EDITION'
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First Reading, Ordinance No. 92-9, Series of 1992, AN ORDINANCE,
REPEALING CHAPTER 15.32 OF THE AVON MUNICIPAL CODE AND REENACTING
CHAPTER 15.32 OF THE AVON MUNICIPAL CODE ADOPTING BY REFERENCE THE
"UNIFORM FIRE CODE"; 1991 EDITION
Mr. Bill James informed that Ordinances 92-5 (Building), 92-6
(Electrical), 92-7 (Plumbing), 92-8 (Mechanical), and 92-9 (Fire)
are all related to the Uniform Codes. Mr. James stated the
Uniform Codes apply standards for safety and environmental
concerns. Mr. James recommended Council to pass the Ordinances
on first reading this evening, review the codes at the April 28th
Worksession, and schedule the public hearing with second reading
on May 12th. This schedule gives the public / construction trade
plenty of time to respond.
Councilor Reynolds motioned approval on first reading, Ordinances
92-5, 92-6, 92-70, 92-81 and 92-9, Series-of 1992. The motion was
seconded by Councilor Hines.
Mayor Davis entertained a roll call.
Those Councilors voting aye were Celeste Nottingham, Charlie
Gersbach, Tom Hines, Derek Pysher, Albert Reynolds, John Hazard.
There were no nay votes. Motion passed.
Next was Unfinished Business.
Goshawk Townhomes was scheduled, however Mr. James informed that
Ms. Deb Taylor, representative for Goshawk, called and informed
she is unable to attend. Council deferred decision until Goshawk
representatives are in attendance. Council directed Town Clerk to
mail copy of packet literature (minutes of past Council meetings,
letter from-Land Designs by Ellison, etc.) to Ms. -Deb'Taylor and-
Ms. Susan O'Neill for review.
Next was New Business.
First item is to receive Petition for Referendum.
Mr. James reminded-Council that Ordinance No. 92-2 was passed
creatinga Special Improvement District for purposes of installing
landscaping and street improvements basically in the core area of
the Town and creating.the Special Assessment District to pay for
those improvements. Mr. James informed that under the Town's
Charter there is a provision that allows-for a referendum. The
public may request, within 30 days of passage of any Ordinance,.
the Ordinance be brought back before the Council for basically-two
decisions; either repeal the Ordinance and start the process over
or not-do anything with it OR to call for an election at-either
special or regular election. Mr. James informed the Town Clerk
has verified the petitions and stated a total of 57 signatures
appear on the petitions with 51 qualified (only 23 qualified
signatures needed), 1 was not a resident of Avon, 3 were
duplicates, and 2 were unable to verify. Mr. James stated that
With Council's discussions, during the Goal Setting Session
earlier-during the Worksession, the recommendation-was to repeal
the-Ordinance and amend the budget in the Public Works Fund to pay
for all the improvements with available cash of Town funds in the
amount of $1,569,000 in 1992.
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Councilor Nottingham stated because this is a good project,
because it should happen for the future of Avon', for necessary
safety reasons as well as aesthetic reasons this same proposal
should be put on the November ballot for more citizens to become
involved.
Councilor Reynolds stated the prcject should be completed in 1992;
the Ordinance should be.repealed and the project paid for out of
Town funds.
Councilor Gersbach stated the completion in 1992 keeps the Council
on track of the :Goals set. Councilor- Gersbach-noted the bridge
proposal should be completed, the landscaping should be completed;
to go with the entire $1,500,000 is not necessary and feels a
scaled down project would be sufficient.
Councilor Pysher expressed respect toward the
following their beliefs. Councilor Pysher ads
the project; just not the funding mechanism.
stated the Ordinance should be repealed as it
should be amended and the Town should pay for
Public Works Fund.
petitioners for
led most people liked
Councilor Pysher .
stands; the budget
the project from the
Councilor Hazard expressed pleasure of the initiative of Mr.
Yoder. Councilor Hazard respected the show of democracy.
Councilor Hazard stated the Ordinance should be repealed and the
Town should complete the entire project and pay for it.
Councilor Hines expressed discomfort in paying $1,500,000 out of
Town funds for the entire project. Councilor Hines expressed
favorableness for the completion of the entire project. However,
due to the referendum, Councilor Hines suggested putting the issue
on the November ballot with a possible different format.
Mayor Davis stated this project was the Council's priority for
1992. It was presented to a certain. group of the public; namely
business owners as the Town hoped they would pay half. The
business owners exercised, their rights under the Avon Charter.
Mayor-Davis stated he would like to see the project completed in
its entirety in 1992. Mayor Davis added that of all the options
he favors to take the entire amount-of money out of the Public
Works Funds..,Mayor Davis added that doing this does not.
necessarily-strap•,the Town, however•it.does.mean that this is the,
project that:we will be'doing and:will probably not be doing any
other projects of this magnitude at least in this year.
Mayor Davis called >for, a,'motion.
Councilor Nottingham questioned what percentage'of-the Town's
budget will this project take. Mr. James responded this will
effect the Cap t&l'Projects Fund,' not General Fund: General Fund
provides 'for al-l our- general ".operations. , Year ending 1991 there
was approximately $65011000 in General Fund Balance;`sufficient
fund balance to carry us'thru 1992 assuming all estimates for all
operations are correct without a great fluctuation in revenue
projections. In Public Works Fund $1,700,000 was carried over
into 1992. With this-project of $1,569,000, at the end of 1992 an
estimated balance of $350,000 will be in reserve to finish off the
Railroad roject in case of any unforeseen expenses. Keeping in
mind the $1,569,000 is not a set figure until bids are received; a
10% contingency is estimated in the $1,569,000.
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Mayor Davis interjected that the Town has the option of not
spending:a dime;-.we get,;t6 the point where we take the bids and if
it comes out to-be $2,500;000'the Town can say we can not do this
project. The Town is not committing itself to do the project
outside this budget;. or if the-bids are over this budget the Town
has'the option of`doing,a portion-of the project.
Councilor Gersbach questioned the amount in the Capital Projects
Budget. Mr. James responded $3,100,000 in 1992; of which
$1,569,000 is for the Road and Streetscape Improvements.
Councilor.-Gersbach questioned the Town's contribution under the
proposed Special Assessment District. Mr. James answered'at last
count was $733,000; that number-was going'to reach $850,000 due to
unforeseen state concerns. Councilor Gersbach suggested a 1992
project to parallel that figure ($850,000); spend what we were
going to spend.
Mayor Davis called for a.recommendation or motion. Mr. James ,
suggested two motions; one in dealing with repealing the ordinance
and the other with regards to financing the project.
Councilor-Reynolds moved to repeal ordinance No. 92-2, series of
1992. Councilor Nottingham seconded the motion and the motion
carried unanimously.
Attorney-Dunn stated an ordinance repealing Ordinance No. 92-2-
will be presented at next Council meeting.
Councilor Pysher moved to authorize the.Town Manager to,amend the
Public Works Fund, 1992 Budget to provide $1,569,000 for road.and
streetscape improvements approved for the Local Improvement
District No. 1992-1. Councilor-Reynolds seconded the motion.
Councilor Hazard added it should include the landscaping in
connection with the Avon Road project. Councilor Pysher stated
-the motion does include this.
Mayor Davis conducted a-roll call. Those Councilors voting aye
were Derek Pysher, John Hazard, Charlie Gersbach, Albert Reynolds.
Those Councilors voting nay were Tom Hines and Celeste Nottingham.
Motion carried.
Next item under New Business was to Receive the Audit Report.
Mr. James reminded Council of the discussion at the Worksession
with Mr. Jack Schroeder of Van Schooneveld regarding the 1992
audit. Basically, Council needs to receive,the draft Audit
Report. Final Audit Report will be available in two weeks.
Councilor Reynolds motioned to receive the audit report.
Councilor Gersbach seconded the motion and the motion carried
unanimously.
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Next item under New Business was approval of Consultant for
Feasibility Study for Community Center.
Mr. James stated under the Public Works Fund an amount has been
reserved to do a feasibility study and some architectural work for
a community center this year. Mr. James presented two proposals
from.firms that have done alot of work on community centers. Mr..
James recommended the firm of Browne, Bortz, & Coddington, Inc.
due to the fact they have done more work in Eagle County and
resort areas. Architectural firm used would be for cost estimates
and not necessarily the firm hired for final design.
Councilor Nottingham motioned approval of the recommendation of
the feasibility study for the community center by Browne, Bortz, &
Coddington,-Inc. Councilor Hazard seconded the motion and the
motion carried unanimously.
Next under New Business was Nottingham Lake Clean-Out.
Mr. Norm Wood informed that Mr. Bill Nottingham is in agreement
with using the Stolport property with the stipulation of receiving
approval from Mr. LeRossignol who has a purchasing contract on
the-property. Mr. Wood added that.Mr. LeRossignol is in
agreement. _Mr., Wood stated the contract-documents are being
prepared; will'be put-to bid; and start up date of pumping the
lake is scheduled for the day after Labor'Day-with completion of
dredging expected Mid-October. The lake should be fully restored
approximately two weeks after completion of the dredging. One
sedimentation pond is recommended at,an approximate,cost of
$117,000. Current estimate for lake dredging•is $147,000. Some
odor may occur at the Lake and the sedimentation pond.
Next under New Business was Parking Lot Design.
,Mr. Larry Brooks informed one of the improvements covered in the
Public Works Fund budget is the Parking lot between the Municipal
Building and the Fire-Department. Mr.. Brooks informed a culvert
will be placed in the large ditch between the two buildings-to
-create a small parking lot to add to what is currently available.
Estimated cost'is within $50,000. Mr. Brooks presented a design
of the area to be created. Mayor Davis noted more parking spaces
are needed at the Municipal Building-, especially with the addition
of the Eagle County Offices. Mr. Brooks added if Council
approves the project this evening the project may be completed in
a month. Council directed Mr. Brooks to complete the project.
Councilor Reynolds questioned Mr. Brooks on when the the new .
playground equipment in the park will be installed. Mr. Brooks
informed the equipment will arrive in stages; beginning the end of
May with last shipment expected no later than June 12th. Existing
playground will be removed right after Memorial Day Weekend.
Installation of the new equipment will be completed before July
4th weekend.
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Next under New Business was an update on the Stop Sign on Avon
Road/Nottingham Road.
Mr. Norm Wood informed the Highway Department has been contacted
to install Stop Signs at the intersection of Avon Road/Nottingham
Road and the Westbound ramps of I-70 to improve traffic control.
Mr. Bob Moston, from the Highway Department has reviewed the
request., Mr. Moston recommends, prior to installation, public
notice to allow time to adjust. Mr. Wood informed, with
Council's.approval, notices will be published in the paper to try
and make the public aware, prior to installation. Council
directed Mr. Wood to proceed (with Councilor Reynolds'
opposition).
Next was Town Attorney's Report
Attorney Dunn informed Council of his absence at the next two
Council meetings. Attorney Dunn assured Council that his term .of
President of the Colorado Bar Association will not interfere with
his Municipal duties.
Mayor Davis questioned Attorney Dunn on the Mayor's right to call
up.an issue or'review a decision of the Planning and.Zoning
Commission. Attorney Dunn responded that the Planning and zoning
section of the Municipal Code does allow the Mayor to call up a_
decision for review. Attorney Dunn added that the Administrative
section of the Municipal Code is more specific and provides-that,
"within, ten working days following action of the Planning and
Zoning Commission notification of this decision shall be deposited
in the mail. The decision shall become final if no written appeal
is-'made from the Town Council by any aggrieved person within 20,
days following the decision of the Planning and Zoning
Commission". Attorney Dunn continued, "the section prior to that
provides that the decision of the Planning and Zoning Commission
may be appealed to the Council by the applicant or any aggrieved
person or at the request of the Mayor at anytime before the
decision becomes final". Attorney Dunn added, "that reading those
two sections together, I conclude that the Mayor may call up,,the
decision within 20 days following the decision of the Planning and
Zoning Commission".
Mayor Davis noted that Planning and Zoning Commission now meets on
a Tuesday as opposed to a Thursday when the'20 days was proposed.
Presently the 20 days is now a day short. Mayor Davis questioned,
his ability to review this now with it being 1 day short.
Discussions followed. Attorney Dunn stressed as long as it-does
not infringe the rights of anyone else.
Councilor Pysher suggested amending the Charter to show 21 days
for future appeals to prevent this from happening again.
Mayor Davis said, "as the Mayor, I asked to call up this appeal
and I don't really care what you thought happened, that's what-I
asked to do.,.OK? Now,,if John wants to rule on,whether-the 20
days or 21 days'disqualifies_them;.I'll go.along with that. But,
I think we're setting ourselves up"for a-legal situation that
perhaps could be very negative when we can just go ahead with it
and deal with it.-and listen to them, which is.all I.wanted to do
in the first place.- Why are . we "so opposed • to that?*. I don't
understand and 'it is one of the'few things the Mayor has the right
to do around here".
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Attorney Dunn read a'section of the last Council Meeting Minutes
of-March 24th whereby Mayor Davis requested to have this item
placed on the next Agenda. for discussion. Attorney Dunn ruled,
"that at that time it was 21 days past when the decision became
final- and accordingly'the appeal by the Mayor was without fact".
Attorney Dunn suggested that should the Council decide to take the
matter up as a Council; the Council has the authority as a
governing body to take under consideration an application by
Shamrock, to have authority from this Council for a special review
use.
Councilor Hines echoed Councilor Pysher's suggestion of amending
the Charter to show 21 days.
Councilor Gersbach stated Council has the authority to review a
decision by a Board that''Council appointed and advised that
Council should listen~to.Shamrock.
Councilor Pysher totioned'that Council affirm the decision of
Planning and Zoning Commission. Councilor Hines seconded the
motion.
Mayor Davis conducted the roll call. Those Councilors voting aye
were Pysher, Hines,- Reynolds, and Nottingham. Those Councilors
voting nay were Hazard -and Gersbach. Motion carried.
Councilor Hines suggested an Ordinance to change the Charter; with
Council agreeing on 30 days. Attorney Dunn will submit the
Ordinance for first reading at next meeting.
Next was Mayor's Report.
Council Committee Reports were first under Mayor's Report.
Councilor Nottingham informed Channel #23 has a new concept called
MEU (Mind Extension University); an educational program,service
that is fully credited and being offered during off-hours. CMC
welcomes the program. April 22nd at the Sonnenalp there is,to be
a presentation at 4:,30-6:30pm for further explanation. Channel
#23 is also looking for further funding and grants.
Councilor Reynolds informed the Housing Committee is wrapping up
Wildwood with only two more to be loan approved.
Councilor Hines informed the Avon Town Cup may expand next year
with suggestions from Councilmembers and Avon/Beaver Creek Resort
Association-Staff that were generated from this year's races.
With regard to the Easter Egg Hunt, no parents will be allowed in
the "hunting areas". Ted Martin will again be doing the Mountain
Man Triathalon.
Mayor Davis voiced dissatisfaction with the Avon Mayors Race/Town
Cup Races this; year..
Councilor Hazard mentioned the Wildwood Tour and his
dissatisfaction with the lack of Council attendance or
notification. Town Clerk admitted that there could,have been
miscommunication,with'.the,arrarigements.
Councilor Pysher summarized his first NWCCOG luncheon/meeting in
Walden, Colorado.
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Mayor Davis mentioned the Annual Avon Easter"Egg Hunt from 11:00am
to 1:00pm on April 18th.
Mayor Davis mentioned the first Saturday in May is free access for
residents to the Eagle County Landfill.
Mayor Davis extended an invitation to Council for the Western
Colorado Council of Boy Scouts of American to attend the Golden
Jubilee Dinner at the Grand Junction Hilton on May 7th at 6:00pm.
Mayor Davis reminded Council the Eagle county-,Commissioners have
scheduled Monday, April 27 at 9:00am as the day to meet with Carl
Neu. Mayor Davis mentioned concerns with this schedule. Several
Councilmembers are not able to attend and Mayor,Davis will bring
this to the Commissioners attention at tomorrow's meeting.
Mayor Davis reminded Council of the Eagle County Regional Meeting
to be held tomorrow at the Antler's in Vail at 5 45pm-7:15pm and
requested all Councilmembers to be present.
Mayor Davis requested the Town Clerk to distribute copies of the
Vail Recreation District letter, from Rob Robinson regarding
surveys, to all Councilmembers.
Mayor Davis commented that starting a worksession at 11:45am and
ending the agenda this evening makes for a long day. Mayor Davis
added the focus should be on decision making; not on meeting more
often. Mayor Davis suggested starting the worksession at 3:00pm
or 4:00pm 'in the afternoon, whenever possible.
Councilor Nottingham recommended to critique with the Avon/Beaver
Creek Resort Association the Avon Town Cup to offer Council's
after-the-fact opinions to Mr. Don Orrell. Councilor Nottingham
commented on the misinformation or lack of information prior,to
the'race.-Councilor Nottingham expressed displeasure with the
awards program held in the Coyote Cafe; with the Cafe opened to
the public during the awards program. Mayor Davis commented on
the difficulty of the course and its intimidation for a family
event. It was the Council's consensus that the Avon/Beaver.Creek
Resort Association is to come before Council after each event and
present a recap.- Mayor Davis requested Councilor Hazard, as a
committee member of the ABCRA, to invite the ABCRA soon to a
Council meeting to,update Council on future,events-as well as
critique past events. Councilor.-Hines; as &.committee member on
the ABCRA Special Events Committee, assured Council'that Council's
concerns have been heard by the ABCRA and changes will be
initiated.
The Financial Matters.were next presented to Council..
Councilor.Hines'moved to:receive items,#1 thru #il.and.approve
items #12`thru #17.- The motion was'seconded by-'Councilor Reynolds
and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines moved approval of the March 24th Regular Council
Meeting minutes as presented. The motion was seconded by
Councilor Reynolds and was unanimously carried.
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There being no further business to come before Council, the
meeting was adjourned by Mayor Davis at 10:58pm.
RESPECTFULLY SUBMITTED:
APPROVED:
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Patty Ne hart Town Clerk