TC Minutes 04-28-1992MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD'APRIL 28, 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 7:42p.m.
A roll call was taken with Councilors Charlie Gersbach, John
Hazard, Tom Hines, Celeste Nottingham, and Albert Reynolds
present. Also present were_Assistant Town Attorney Larry
Hartlaub, Town Manager Bill James, Director of Engineering Norm
Wood, Director of--Municipal Services Larr-y-Brooks, Director of
Community Development•Rick Pylman, Police Chief Art Dalton, Fire
Marshall Carol Gil-Mulson, Public Relation's Officer Teresa
Albertson,,Town Clerk Patty Neyhart, as well as members of the
press andIpublic.
There -being .nd, Citizen -Input;- Mayor Davis,stated .,the appointment
of the three new Planning and. Zoning Commissioners is first on the
Agenda. 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 the three Planning and Zoning
commissioners are John Perkins, Suzanne Railton, and Rhoda
Schneiderman.
First Reading of Ordinance No. 92-11, Series of 1992, AN
ORDINANCE REPEALING ORDINANCE 92-2.
Attorney Larry Hartlaub stated this Ordinance repeals Ordinance
92-2.
Mayor Davis called for a motion.
Councilor Hines moved adoption of Ordinance No. '92-11, Series of
1992. The motion was seconded by Councilor Gersbach.
There being no further discussion, Mayor Davis entertained a roll
call.
Those Councilors voting aye were Tom Hines, John Hazard, Charlie
Gersbach,_ Albert Reynolds, and Celeste Nottingham. Motioned
carried unanimously.
First Reading of Ordinance No. 92-12, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON RELATING TO APPEALS FROM THE PLANNING AND ZONING
COMMISSION TO THE TOWN'COUNCIL
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Attorney Hartlaub informed the only change made, in the paragraph,
is the second line from the bottom; the Ordinance states 30 days
and it was 20 days; the time within which the decision of the
Planning and Zoning Commission is final; the old code reads 20
days and the ordinance changes it to 30 days.
Mayor Davis called for a motion.
Councilor Nottingham motioned adoption of Ordinance No. 92-12,
Series of 1992. The motioned was seconded by Councilor Hazard.
There being no further discussion, Mayor Davis entertained a roll
call.
Those Councilors voting aye were Albert Reynolds, Celeste
Nottingham, Charlie Gersbach, John Hazard, and Tom Hines.
,Motioned carried unanimously.
First Reading.of Ordinance No. 92-10, Series of 1992, AN
ORDINANCE AMENDING CHAPTER 5.08 OF MUNICIPAL CODE OF THE TOWN OF
AVON BY THE ADDITION OF SECTION 5.08.190 PROVIDING FOR THE
ISSUANCE OF TEMPORARY PERMITS FOR THE ISSUANCE OF ALCOHOLIC
BEVERAGES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING DETAILS IN
REGARD THERETO
Town Clerk Patty Neyhart informed that the State of Colorado
allows the Local Licensing Authority to issue a Transfer of
Ownership License to a new owner taking over the business.
However there is presently little benefit; a savings of perhaps
$100. The applicant still must submit all necessary paperwork as
fora New Liquor License and wait the same length of time for
processing. This.Ordinance would allow the Local Licensing
Authority to issue a-Temporary Permit giving the benefit of
issuing a Transfer of~Ownership License.-This Temporary Permit
would allow the applicant to immediately takeover the business
operation as soon as the Temporary Permit and Transfer of
Ownership Applications are submitted., and the Temporary Permit
approved. Presently, the applicant has a waiting time, while
paperwork is being processed, of approximately 30-45 days. Plus,
the Temporary Permit would give,the Town additional revenue of
$100.00 per permit.
Councilor Reynolds questioned length of validity'of Temporary
Permit. Town Clerk responded that the Temporary Permit is issued
for, 120 days or until the Transfer of Ownership License is.
granted, whichever occurs first. Council does have the authority
to extend the Temporary Permit another 60 days.
Councilor Hines questioned qualified applicant. Town Clerk
informed the applicant will submit necessary paperwork for the
Transfer of Ownership, including the background check. This
background check will be immediately given to the Police
Department to complete the background check before the Temporary
Permit is issued within 3 days of receiving the application..
Councilor Nottingham questioned revocation or cancellation of
Temporary Permit. Town Clerk responded there is a Cancellation
clause in the Ordinance under Paragraph F.
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Councilor Reynolds questioned who issues the Temporary Permit.
Town Clerk informed that the Town Clerk would issue the Temporary
permit with the verbal approval of the Liquor Licensing Authority
Chairman or Boardmember.
Councilor Nottingham questioned past circumstances. Town Clerk
mentioned that in the past a Transfer of ownership was possibly
issued and instead of the new owner coming in and actually taking
over the operation, the new owner assumed a manager's position; no
profits from the business allowed. This is still allowable;
however the applicant may as well apply for a New Liquor License,
as it is the same paperwork and waiting time.
Mayor Davis called for a motion.
Councilor Reynolds moved approval of Ordinance No. 92-10, Series
of 1992. Councilor Hines seconded the motion.
With no further discussion, Mayor Davis entertained a roll call.
Those Councilors voting aye were John Hazard, Albert Reynolds,
Celeste Nottingham, Charlie Gersbach, Tom Hines. Motioned carried
unanimously.
Resolution No. 92-15, Series of 1992, A RESOLUTION APPROVING THE
FINAL RESUBDIVISION PLAT OF LOT 8, BLOCK 1, FILING 1, EAGLEBEND
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Rick Pylman informed Lot 8, Block 1, Eaglebend Subdivision is
a duplex lot, along the river in Eaglebend. It was purchased by
Tony Seibert and a duplex was built on the property. This action
tonight will create the property line that will separate that lot
into two halves and create fee simple property for each portion of
that duplex lot. Staff has reviewed the Final Plat (displayed on
the wall) and the attendant documentation and recommends approval.
Mayor Davis called for a motion.
Councilor Reynolds motioned approval
Series of 1992. Councilor Nottingham
motion was carried unanimously
of Resolution No. 92-15,
seconded the motion and the
Next was Unfinished Business.
First item under Unfinished Business was the Uniform Building,
Fire, Plumbing, Mechanical, and Electrical Codes.
Mr. James informed that Carol Gil-Mulson, Fire Marshall and Rick
Pylman, Director of Community Development will give brief
introductions to the Codes and answer any questions that Council
may have. Mr. James noted that the County has not yet formally
adopted the 1991 Codes.
Ms. Gil-Mulson stated the review process was started last fall
and with six years between 1985 to 1991 alot has changed.
Highlights of those changes: Article 14 concerning Fire Alarm
requirements, more stringent Fireworks Requirements, Hazardous
Material Storage/Use, Transportation, and Recording.
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To gear towards early detection and suppression, recommendations
are: Building Access/Identification, Detection System
Requirements, Suppression System Requirements, Standpipe Systems
Requirements, System Monitoring, Maintenance and Testing, and the
Designated Emergency Response Department be the Fire Department.
Councilor Nottingham questioned how often do the codes need to be
revamped. Ms. Gil-Mulson responded every three years the codes
are evaluated and updated; the last one that came out was in 1988.
These are guidelines, for the Department's recommendations to
Council, to adopt what is important to each Municipality. Avon
has specific needs. Those needs are why the Fire Department took
such a close look at the guidelines.
Councilor Reynolds questioned if any fire hazards were addressed
for Wildridge. Information has been collected for wildland
mitigation, which includes Wildridge and Wildwood and analysis has
not been completed. State.of Colorado has done an evaluation of
the area-and is another document the Fire Department is-looking
at. This is not included in the Fire Code as this area needs to
be separated.
Councilor Nottingham questioned if this Fire Code will affect
individual property owners and their fire insurance. Ms.
Gil-Mulson responded that insurance companies are increasingly
requiring more fire safety. Having sprinkler systems and early
detection could benefit the individuals, but is difficult to know
the acceptance of insurance companies.
Councilor Hines questioned premise identification. Ms.
Gil-Mulson answered one of the sections of the enhanced 911
concerns premise identification. Ms. Gil-Mulson added that
Avon's addressing is pretty good with regards to premise
identification.
Councilor Hines questioned fireworks. Ms. Gil-Mulson responded
that an allowance is made in the Code for the Avon fireworks
display. It does put,more liability on the person putting on the
display; they need to provide the crowd control, site plans need
to be submitted, and takes more burden off the Town.
A public hearing will be held on May 12th.
Mr.. Rick Pylman informed the Town Charter allows the Town to
adopt Uniform Codes by reference; the ordinances adopt the Codes
by-reference. The specific Codes were displayed by Mr.. Pylman.
Copies are kept in the Town Clerk's office for the public review
as well in the Building Department. Corrections that will be made
prior to second reading and approval are; a sentence specifically
stating copies are available in the Town Clerk's office will be
added to the Building Code, Fines and Jail Terms for violations
will be_addressed at'the end of each Code.as suggested by Attorney
Hartlaub,'and an addition of-a, Pending;Enforcement Clause allowing
continued enforcement against existing violations. Amendments to
the standard Code are referenced in the Ordinances. Basically
they are adminidtrative with regards;-to fees,;-covering. Building
Board of Appeals'members for liability insurance, requiring a
survey and topographic map on any new construction or major
additions. Clean up of construction is addressed. Sprinkling
will.be throughout construction process. .
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Mr. Pylman added information with regard to these ordinances is
being discussed by Joe McGrath, Building Inspector, with the
builders, architects,-and engineers. Mr. Pylman informed only a
couple'of public comments have been received and Staff is trying
to incorporate those suggestions into the Codes. Those
suggestions are: plumbers requested allowable use of plastic pipe
instead of the required cast iron pipe specific to Avon.and
engineers suggested the technical snow load formulas be directed
to a licensed structural engineer. Engineers feel they can save a
builder the'fee they would charge by saving the client in lumber
charges. This eliminates the Town Staff from doing those
technical calculations they feel unqualified to perform.
Next item under Unfinished Business was Wildwood Townhomes update
by Bill James.
Mr. James informed out of the seventeen units for sale there are
two left. with one closing next week and the other next month. Mr.
James mentioned the worse case/best case scenario with regards to
closing out the project, with the best cast being $21,000 and the
worse case $68,000. EJ, of Colorado First has $80,000 worth of
change orders. Mr. James is negotiating with EJ towards a
settlement. Mr. -James, with the help of Mark Donaldson, has
reviewed costs and offered $39,000 and EJ,has offered'$53,000.
Engineering fees to Jeff Spanel and Utilities still need to be
negotiated. Mr. James feels that EJ's offer of $53,000 is
probably a,-reasonable.offer. Mr. James added the Public Works
Fund would need to'be amended to reflect;$51•1000 to cover this
cost.
Councilor Hines.motioned.to amend the Public Works Fund by $51,000
for the purpose:-of-,resolving the issue'with'Wildwood Townhomes.
The motion was seconded by'Councilor Reynolds and carried
unanimously.
Next item under Unfinished Business was the Housing Plan.
Mr. James informed that a meeting between himself, Mr. Pylman,
and Mr. Chris Cares, of Rosall, Remmen, and Cares, produced
satisfaction of the Housing Plan. Mr. James added the work shown
is pretty good and will be brought before Council•at the
Worksession on May 12th for review. Council may then adopt the
Housing Policy the first meeting in June.
Next item under Unfinished Business was the Public Works Facility.
Mr. James reminded-Council of authorization for Mr. James to
negotiate the sharing costs of the Public Works Facility with
Beaver Creek Resort Company (BCRC). Mr.' James offered 75% BCRC
and 25% Town of Avon to, which BCRC's response was 60% BCRC and 40$
Town of Avon. Mr. James added that Staff is comfortable with the
60/40 split with regards to the preliminary studies. Council
directed Mr. James to continue with an agreement of the 60/40
split.
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Next item under Unfinished Business was the Road and Streetscape
Plan update.
Mr. James informed that,
rights-of-way, agreements
Lodge and First Bank. An
the project starting June
Bids to be opened May 19t]
Meeting of May 26th.
in terms of temporary easements and
have been reached with the Christie
updated schedule was distributed with
8 and completion of September 30th.
1, with acceptance of bid at Council
Councilor Nottingham questioned the amounts of bids and the Town's
right to not accept any should they be out of line with budget.
Mr. James responded that the bid award has to be made by Council
and Council does have the right to deny all.
Next was New Business.
Permit Application for Outdoor Use of Sound Amplification System
was presented by Mr. Don Orrell.
Mr. Orrell informed Council the application for sound is for the
Salute to USA for the July 4th celebration to be able to produce
sound until 10:30pm. The bands will be from 4:30pm till 9:30pm
and recorded music from 9:45pm till approximately 15 minutes after
fireworks. During the 4th of July two sound systems will be
placed for better sound projection during the bands and the
fireworks. It was determined by Council last year not to continue
with bands after the fireworks, due to the rowdyness of the crowd.
Police Chief Dalton informed there were approximately nine fights
the year the band continued after the fireworks and there were not
enough cops to cover the traffic flow and fighting. Music will be
simultaneously cast via KZYR. Another Sound Amplification Permit
for the Summer Solstice for June 20th from 12/Noon-8:00pm was also
presented in Council's packet.
Councilor Reynolds motioned to approved Permit Application for
Outdoor Use of Sound Amplification System to the Avon Beaver Creek
Resort Association for both dates, June 20th and July 4th. Motion
was seconded by Councilor Gersbach and was carried unanimously.
Next item under New Business was the Rio Grande Train.
Mr. James stated that back in February the Railroad approached
the Town to see if there was any interest in bringing a passenger
train to Avon. At that time, the proposal was basically that the
Railroad would do the marketing, pay costs, assume risks, etc.,
and the Town of Avon would secure some sponsors, get the media
involved, and make sure enough lodging would be available. Now
the Railroad is proposing a different approach that includes a
three day trip with a layover in Avon. In this proposal, the Town
of Avon would charter the train, including equipment and crew, for
round trip transportation for up to 850 people, for a sum of
$40,000. The Town of Avon would be responsible for establishing
ticket prices, selling tickets, promoting, etc. Mr. James added
that Staff is uncomfortable pursuing this approach.
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Mr. James mentioned the possibility of the Avon Beaver Creek
Resort Association, the Vail Resort Association, the Vail Valley
Marketing Board, and Eagle County getting involved. The original
plan was scheduled for July 4th celebration, now would probably be
a Labor Day weekend event due to planning / timing. Mayor Davis
mentioned the possibility of this becoming an annual event, as a
onetime event is not favorable. Council directed Mr. James to
approach above mentioned organizations for their interest and
involvement.
Next was Mayor's Report.
Mayor Davis updated Council on the purchasing of six busses.
Mayor Davis stated that meetings, with representatives of the
County, Town of Vail, Town of Avon, and Vail Associates have
centered around the possibility of hiring a lobbyist to assist in
obtaining federal aid to purchase 6 new busses. original shared
costs put Avon at 12 1/2 % and the new figure (without County
participation) is at 19.5% with VA agreeing to 54.7%, Vail
agreeing to 25.8%. Any funds from the County would be credited
between the above paying entities. Surveys are being conducted to
determine ridership and better figures will be available for this
year. Mr. James added that the percenta es break out into dollar
amounts for the Town of Avon for 1992 of 18,775 and in 1993
$46,800 without County participation to cover costs of the
lobbyist and purchase of 6 new busses.
Councilor Reynolds questioned the current status of busses. Mr.
Brooks responded there are a total of fourteen busses, with twelve
purchased in 1980 and having between 300,000-467,000 miles. Mr.
James added typically busses are disposed of after 10 years.
Councilor Reynolds motioned approval of lobbyist at 19.5% of
$45,000. Councilor Hines seconded the motion and the motion
carried unanimously.
Councilor Hines motioned to continue support for the purchase of
the busses at a 19.5% participation level for $240,000 or 20% of
purchase price of the six busses. Councilor Reynolds seconded the
motion and the motion carried unanimously.
Next under Mayor's Report:
Mayor Davis mentioned We Recycle update report that Council
recently received.
Mayor Davis noted letters received from Vail Valley Foundation and
Heritage Cablevision. Heritage Cablevision is scheduled for May
26th Council Meeting.
Mayor Davis stated a letter has been received from Drug Free Eagle
Valley requesting Celeste Nottingham be appointed to the Board of
said organization. Council moved to appoint Celeste Nottingham as
the official appointee to Drug Free Eagle Valley.
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Mayor Davis requested Mr. Larry Brooks to give update on
Transportation. Mr. Brooks stated trends in Transportation noted
Highway 6 routes being the single most successful component in the
system. Regarding total ridership numbers, I-70 route was down
from the previous year, with overall ridership numbers increasing
by 2%. This monthly report concludes the ski season and staff is
anticipating summer ratings. Surveys indicated passenger
satisfaction with service. Revenues have exceeded expectations,
with expenditures being under.
Mayor Davis mentioned Bobfest and the Vail Valley Marketing Board
is spending approximately 1/3 of their budget or $33,000 on
promoting Bobfest.
Mayor Davis mentioned a seminar sponsored by the Division of
Housing to be held July 9th and requested Councilor Reynolds and
Mr. Pylman to attend.
Mayor Davis mentioned a Thank You note from the Resource Center.
The Financial Matters were next presented to Council.
Councilor Hines moved to receive item #1 and approve items #2 thru
#5. 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 April 14th Regular Council
Meeting minutes as presented. The motion was seconded by
Councilor Nottingham and was unanimously carried.
There being no further business to come before Council, Mayor
Davis called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Reynolds. The
meeting was adjourned by Mayor Davis at 9:35pm.
RESPECTFULLY SUBMITTED:
APPROVED:
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Patty Neyha , T Clerk