TC Minutes 06-09-19920
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JUNE 9, 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 7:38p.m.
A roll call was taken with councilors John Hazard, Tom Hines,
Derek Pyshe'r, and Albert Reynolds present. Councilors Charlie
Gersbach and Celeste Nottingham were absent. Also present were
Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services Larry
Brooks, Planner Jim Curnutte, Police Chief Art Dalton, Fire Chief
Charlie Moore,-Recreation Superintendent Meryl Jacobs, Public
Relations Officer Teresa Albertson, Town Clerk Patty Neyhart, as
well as members of the press and public.
First item under Citizen Input was County Commissioner Candidate
Eric Affeldt.
Mr. Affeldt informed he is the Republican Candidate for District
2 Commissioner Seat which is being vacated,by Commissioner Don
Welsh. Mr. 'Affeldt's background includes; former Vail
Councilmember, involvement with Design Review Board and Planning
Commission, Resort Association and Chamber of Commerce Boards,
Eagle Valley Community Forum, and Hospital Boards. Mr. Affeldt
will focus on three issues; Financial Management, Land Use
Planning;.and Communication. Mr. Affeldt-,requested Council's
support. Mr. Affeldt responded to Council's questions with his
views on transportation, recreation, and bike paths.
-Next item under Citizen Input was Avon/Beaver Creek Resort
Association Update and Colorado Public Radio Funding Request.
With regards to the Avon/Beaver Creek Resort Association Update,
Ms. Kate Collins presented Council with tee shirts promoting
Summer Solstice: Ms.' Collins-informed educational/motivational
monthly series are starting up; first meeting held at.Restaurant
Picasso on June 19th for $15.00. Ms. Collins stated with regards
to the pro beach volleyball in Avon, ESPN will air similar
productions on June'10th; 5:30 and 10:30pm and on'June 12th at,
12:0ON6on. Ms. "Collins added she has-been attending Vail Valley
Marketing Board meetings- with' advertising Avon in 'mind.
With regards to,Colorado Public Radio, Ms. Collins informed that
a committee has=been formed to bring KPRN/KCFR (public radio
networks in-Grand Junction and Denver) via=A'local station or
translator. Three public radio stations have expressed interest
in coming.to this area.,, Ms. Collins introduced the Committee
Chairperson, Ms. Montine clapper.
Ms. Clapper stated public radio will be introduced to the valley
via translator (directional 100 watt), bringing in KCFR/KPRN
signal to cover part of the valley. Colorado Public Radio
proposes to build a station, due to translator's inability to
cover entire local area. Ms. Clapper added that beginning in
September they hope to receive public radio programming via
translator. Programming will include classical music, news and
information services, special programs such as Garrison Reillor
and concerts. This will be the third station in the State
networking system. Public broadcasting is nonprofit,
noncommercial and is dependent on public funds, private funds,
government grants and foundation grants. The initial effort to
build the translator is estimated at $20,000 and includes; $2,000
engineering, $8,000 translator equipment, $1,000 cable, first-year
lease of $500 monthly. Translator money will come from private,
individuals. The station/studio is estimated to cost $75,000 and
includes all equipment for the studio and first year funding-for
at least one full time staff professional on site with engineering
and maintenance expertise. In addition to the FCC, a NTIA grant
has been applied for with the possibility of receiving up to
$40,000 facilities grant. Construction could begin early-next
year with the station completed by June or July, 1993. Ms.,-
Clapper requested Council to appoint a liaison between Town of
Avon and Colorado-Public Radio. Councilor Hazard volunteered.
Next item that came before Council under citizen Input was the Rio
Grande Train proposal.
Mr. Tom Britz of Vertical Marketing highlighted key points in the
proposal; Town of Avon to provide $5,000 in.seed money
(reimbursable) earmarked toward filling a Labor Day weekend train.
Mr. Britz noted that it is the Anshultz Investment Company
(ANSCO) not the Denver Rio Grande that will be dealt with in
bringing the train to Avon. Mr. Britz proposes a "no/no go date"
of August 10th; a decision will be made on that date whether the
train runs or not, based on the number of tickets sold. Mr. .
Britz informed that after the railroad has received operational
monies; the Town of Avon will be reimbursed. After the Town of
Avon.is reimbursed, Vertical Marketing will receive remaining
monies. Mr. Britz noted the Labor Day train would include the
Leadville day trip. Mr. Britz mentioned future possibilities of
a Thanksgiving train and an apres-ski dinner train to Glenwood
Springs. Mr. Britz noted timing is critical and possibly has-one
car'sold already. The Train will hold approximately 900 people
with the addition of three private cars, 5 1/2 hour trip, and the
price is comparable to what ANSCO is recommending with slight
increase to include gourmet box lunch or equivalent. Mr. Britz
looks at thi"s as a sales effort (direct mail and direct sales),
more than a marketing effort. The Town's risk is $5,000; if it
doesn't go.the money is forfeited. No further seed money from the
Town of Avon will be requested for future excursions. If ANSCO
can not be guaranteed $30,000 the train does not.run. Mr. Britz
noted that from a marketing point, the train should be positioned
as a Vail Valley excursion. The Denver Rio Grande freight company
would like to deposit the passengers on property they own in
Minturn. Anshultz Investment, Town of Avon, and Mr. Britz will
insist they are deposited in Avon. Mr. Britz requested
cooperation from Town Staff.for the loading/unloading area.
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Councilor Reynolds motioned to allocate $5,000 for seed money.
Councilor Hazard seconded the motion.
Council Pysher questioned if the money is coming from the Special
Events Budget. Mayor Davis responded affirmatively and added of
which there is $6,000.
Motion passed unanimously.
Second Reading, Ordinance No. 92-13, Series of 1992, AN ORDINANCE
PROVIDING FOR THE AMENDMENT OF A PORTION OF THE EAGLEBEND SPA
(TRACT B, BLOCK 2,•FILING 2); ESTABLISHING A DEVELOPMENT PLAN AND
ITS CONTENT AND ESTABLISHING DETAILS RELATING THERETO.
Mr. Jim Curnutte-informed this ordinance amends the SPA of Tract
B to allow single family homes in the list of allowed uses and
approves a,specific development plan for the property. Mr:
Curnutte directed Council's attention to page four of the
Ordinance-detailing allowed uses. Mr. Curnutte stated there are
four different house models proposed with certain conditions (no
two alike placed side by side). The Design Review Board has given
final design approval on these house plans as-well as the SPA
amendment. A total of 19 units are planned, which is the.maximum
density.
Mayor Davis opened the meeting for a public hearing. With no one
wishing-td be,heard, Mayor Davis closed that`portion of the
meeting.
There being no further discussion, Mayor Davis called for a
motion.
Councilor- Pysher motioned to approve the second reading of
Or"dinance.No. 92-13, Series of 1992. Councilor Reynolds seconded
the motion.
Ma yor_Davis--questioned motion. For clarification, Councilor-
Pysher moved to adopt the second reading of Ordinance No. 92-13,
Series of 1992. Councilor Reynolds seconded the motion.
Mayor Davis entertained a roll call.
Those Councilors voting aye were John Hazard,,Tom Hines, Derek
Pysher, Albert Reynolds. -Motion carried unanimously.
Resolution No. 92-20, Series of 1992, A RESOLUTION APPROVING THE
FINAL PLAT OF SKI VISTA TOWNHOMES, A RESUBDIVISION OF LOT 101,
BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
Mr. Curnutte informed this Resolution approves a townhouse plat.,
Ski Vista Townhomes is a six unit townhouse project; two•triplexes
on Lot 101. The applicant is requesting Council's approval so the
applicant can sell the separate units. Mr. Curnutte recommended
Council's approval conditional on Staff's review of "as built"
drawings.
Mayor Davis called for a motion.
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Councilor Reynolds motioned approval, with condition, of
Resolution No. 92-17, Series of 1992. Councilor Pysher seconded
the motion.
Councilor Hines moved to amend the motion to insert the condition
that it not be signed by the Mayor until Staff has received the
drawings they need. Councilor Pysher seconded the amendment.
Mayor Davis entertained discussion on the amendment. With no
further discussion, Mayor Davis entertained a vote on the
amendment. The amendment carried unanimously.
Mayor Davis entertained a vote on the motion for the Resolution.
The motion carried unanimously.
Next was Unfinished Business.
The Avon Road/Streetscape project was presented by Mr. Bill
James.
Mr. James reminded Council of discussions during the Worksession.
Mr. James recommended that because the project exceeded budget,
the Town rescope the project to match the budget;-take,alternate
bids on items deleted; the Town become the General Contractor and
hire a Construction,Manager; Re-bid-this project; and look-at."
alternate means of financing the lights. If Council agrees with
these recommendations, Staff will revise the bid documents and
have those plans completed by Friday.' 'On June 17th'the final
pre-bid meeting will be held with.interested contractors and
subcontractors; June 19th bids will be opened; and June 23rd the
contract will be awarded. The revised project will be completed
around the end of October. With the rescoping_of the project,
total construction cost-is estimated to be $1,203,000..(not
including the lights and electrical work estimated to be
$290,000). Budget is $1,257,000 total.
Discussion centered on the streetlights. It was agreed that there
has been no change on the lights; only financing alternatives.
Mr. Chris Eddy, representing Sunroad Properties, expressed
concerns of the specific streetlight and feels the Town granted a
monopoly to one distributor and-one manufacturer. Mr. Eddy added
that this custom light limits competitive bidding; Mr. Eddy
requested that private citizens be offered inclusion with the
Town's purchase, allowing individuals to reap the reduced unit
cost the Town may be granted. Mayor Davis stated this may be a
possibility and once the new bids are received, the lights will be
reviewed.
Ms. Gloria McRory, business owner in Avon and past Councilmember,
stated the lights were accepted at the proposed cost, not at the
current bid price.
Mayor Davis questioned if Staff needed further direction. Mr.
James will proceed with the recommendations.
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Next under Unfinished Business was the Four-Man Pro Beach
Volleyball update presented by Mr. James.
Mr. James confirmed the date for Four-Man Pro Beach Volleyball in
Avon to,be August 15 and 16, 1992. Mr. James noted a contract is
being developed with a three year commitment. Mr. Duffy Wilson
will be here to do a site inspection on Monday, June 15th at
10:00am.
Next was New Business.
First item under New, Business was Sunridge, at Avon, Phase I Appeal
of Planning & Zoning Commission decision~of April 7, 1992.:
Mayor Davis read.a letter from Mr. James Stovall, representing
Sunridge Homeowners Association, requesting continuance until the
first.Council'meeting in July. Mayor Davis questioned.Town -
Attorney Dunn on this process. Attorney Dunn read "and interrupted
Code to allow this continuance per applicant's request at the
discretion of Council.
Mr. Curnutte informed that last summer-.the Sunridge folks painted
the building without,design approval. They were contacted and
came before the Design Review Board and received approval with one
condition; the condition being to paint the breezeways as well as
the exterior- of the building. Winter passed with the building
finished on the outside, but not,.the breezeways. The owner of the
building was contacted this Spring to comply with the condition of
approval.. They went before the Design Review Board and requested
release of the condition. The Design Review Board denied that
request and that denial is the appeal before Council tonight.
Councilor Reynolds motioned to give them two weeks to rectify the
situation or come before Council. Councilor Reynolds restated
motioned to table for two weeks with the provision that they do
something. Councilor Hines seconded the motion.
Councilor Hines moved to amend the motion to extend the time
frame; strike out the two week period and extend it,to the first
meeting in July. Amendment failed due to lack of a-second.
Mayor Davis entertained a vote on the motion. Councilor Pysher
requested clarification of the motion. Mayor Davis responded this
is on the motion for the two week time frame. The motion carried
unanimously.
Next was the Town Attorney Report.
Attorney Dunn reminded Council of the discussion at last meeting
of the Vail/Avon Commercial Partners; redesign of the intersection
of Plaza Way and East Beaver Creek Blvd. at the entrance to the
Benchmark Shopping Center. The Resolution adopted by Council
required the redesign be brought back before Council for a
determination that it comports.with public safety. The redesign
is being presented tonight. Attorney Dunn added, if this
determination is made, the issue of immediate possession is
concluded with respect to Vail/Avon Commercial.Partners. The Town
will still have the issue of the determination of the value of the
property taken.
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Malcolm Murray, attorney for Vail/Avon Commercial Partners, is in
support of the redesign that Intermountain Engineering has
created. Attorney Murray added they are in agreement with the
movements and mentioned the loss of parking space along Plaza Way.
Mr. Jeff Spanell, of Intermountain Engineering, stated one space
will be lost and may be incorporated into the plan elsewhere.
Attorney Murray informed a stipulation was signed allowing the
Town'to withdraw Vail/Avon Commercial Partner's answer to the
petition to condemnation. Attorney Murray added a letter of
apology will be forthcoming.
Mayor Davis noted this is not Town property. Mr. James mentioned
this is a temporary construction easement which will go back to
the property owner. Mr. Spanell informed a larger temporary
construction easement is needed to build this than what was
proposed.' Attorney Murray requested some assurance that this is
the design that will go forward.
Councilor Pysher motioned to approve the design. Councilor Hines
seconded the motion and the motion carried unanimously.
Next was the Mayor Report.
Mayor Davis mentioned at the Colorado Municipal League Conference
there is a seminar on Friday regarding Judicial Proceedings.
Councilor Hazard questioned that a Councilman when speaking as an
individual has a right as an individual to express his view.
Attorney Dunn,answered as long you speak without bias.
Mayor'Davis mentioned the Goal Sharing Session on Monday, June 22
from 2:00pm-9:00pm at the Beaver Creek Lodge.
Mayor Davis reminded--Council'of the interviews scheduled with the
BBC.regarding'the Community Center on Wednesday, June 10th.
Next was Other Business.
Councilor Hazard motioned for the Town of Avon to send a letter of
thanks to Vertical Marketing.for the outstanding job they did on
Bobf est .
Councilor Pysher moved to amend the motion. Mayor Davis
interjected the motion must be seconded in order to amend the
motion.
Councilor Hines seconded the motion.
Councilor Pysher moved to amend the motion to include some other
people-such as Pepsi, which was the biggest sponsor. Councilor
Hazard interjected it was Coca Cola. Councilor Hazard seconded
the amendment.
Councilor Hazard moved to amend the amendment to include Coca
Cola, Vail Valley_Foundation contribution which was $3,500 and
Christy Sports aind these other people should also be recognized by
the Town. Councilor Pysher seconded the amendment.
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Mayor Davis requested Councilor Hazard to be very specific in who
he would like to include. Councilor Hazard requested to include
Coca Cola and the Vail Valley Foundation.
Ms. McRory interjected that if the Town wants to thank the
sponsors, they should thank them all.
Councilor Pysher motion to send one to all the participants.
Mayor Davis requested, before that motion is made, Council to vote
on the motion and all the amendments on the floor.
Mayor Davis entertained a vote on the last amendment put on the
floor. The amendment failed unanimously.
Mayor Davis entertained a vote on the first amendment. The
amendment failed unanimously.
Mayor Davis entertained a vote on the motion. The motion failed
unanimously.
Mayor Davis called for a motion.
Councilor Hazard motioned to send a letter of commendation to
Vertical Marketing for the outstanding job they did in initiating
Bobfest and also to send a letter of thanks to Coca Cola for their
sponsorship and the Vail Valley Foundation: Mayor Davis repeated
the motion for the record. Councilor Hazard seconded the motion;
Councilor. Hazard can not second his own motion. Motion failed due
to lack of a second.
Mayor Davis informed Councilor Pysher's motion to send-the letter-
to all did not pass due to lack of a second and this-wa's a new
motion prior to voting on the original motion and amendments.
Mayor Davis called for a motion.
Councilor Pysher motioned to send a thank you letter to everyone
that participated (sponsors) that is on the.list. Councilor'
Hazard seconded the motion and the motion carried unanimously.
Point of order was recognized by Mayor Davis from Councilor
Reynolds.
Under Mayor's Report was the Appointment of the Town of Avon's
Representative to the Vail Valley Special Events Commission.
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 new Town of Avon's Representative to the Vail Valley Special
Events commission is Dana DelBosco.
Next was Other Business.
Councilor Hazard mentioned the request of the Planning and Zoning
Commission to have a joint meeting with the Town Council to
understand each others duties, functions, policies, procedures.
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Councilor Hazard motioned for Council to agree, to.a joint meeting
with the Planning and Zoning Commission. Councilor Pysher
seconded the motion.
Discussion centered on the judicial process and rights of the
applicants. -
Councilor Hines called for the question. Mayor Davis entertained
a vote. The motion carried unanimously.
Mayor Davis requested this joint meeting be put on the next
worksession.
Councilmembers' Committee Reports were next presented.
Councilor Pysher noted he attended the Northwest Colorado Council
of Governments meeting in a Senior Citizens Hall. Councilor
Pysher added this was a boring meeting but felt his continued
participation would be worthwhile.
Councilor Hazard announced that on May 28th he attended a meeting
at the Vail Valley Foundation regarding the 1999 World
Championships. The Foundation is seeking support and basically
requires $500,000 shared between communities. The Foundation
would.like to,report to Council on their trip to Budapest.
Councilor Hazard thought the.Foundation will request to come
before Council sometime'after.the Four-man Pro Beach Volleyball
Tournament.
Councilor Hines had nothing to report.
Councilor Reynolds had nothing to report.
Next was Other Business.
Mr. James informed the Town is looking at a very busy next few
weeks. Colorado Municipal League Conference is"next week, Summer
Solstice is the 20th and the Motorcycle Group comes in the
20th/21st and is here until the 25th.
Mr. James mentioned plans need to be reviewed from Holy Cross
Electric with regards to power line changes. Mr. James informed
this may be discussed at next meeting.
The Financial Matters were next presented to Council.
Councilor Reynolds moved to receive items #1 thru #11 and approve
items #12 thru #16: The motion was seconded by Councilor Hines
and was unanimously carried.
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Next presented to Council were the Council Meeting Minutes.
Councilor Pysher moved approval of the May,26th Regular Council
Meeting minutes. The motion was seconded'by Councilor Reynolds.
Councilor Hines amended the motion to insert approve them as
presented. Council Pysher seconded the amendment.
There being no further discussion, Mayor Davis entertained a vote
on the amendment. The amendment carried unanimously.
Mayor Davis entertained a vote on the motion. -The motion carried
unanimously.
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 10:00pm.
RESPECTFULLY SUBMITTED:
Patty Neyh rt, T nnClerk
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