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TC Minutes 08-25-19920 9 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD AUGUST 25, 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, Celeste Nottingham,-Derek Pysher, and Albert Reynolds present. Councilors John Hazard and Tom Hines were absent. 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, 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 on the Agenda was Citizen Input. Subdivision of Lot 102, Block 1, Wildridge was discussed. Mr. Rick Pylman informed the developer of Ski Vista Townhomes, Michael Bruen approached Staff with a development proposal to split the lot adjacent to the Ski Vista Townhomes. Right adjacent to Ski Vista Townhomes is another four-plex lot. Duplex lots continue further down the road. Mr. Bruen asked what the procedure would be to split the four-plex lot into 2 two-plex lots. Mr. Pylman encouraged Mr. Bruen to discuss this with Council due to a Resolution passed by Council in July, 1990 discouraging this type of development. A Resolution passed that directed the Planning and Zoning Commission and Design Review Board not to approve the subdivision of any more duplex or multifamily lots within Wildridge. Mr. Pylman mentioned that Mr. Bruen needs some feed back whether this policy is still in place or if this idea should be pursued. Mr. Mike Bruen, representing J & B Enterprises, Inc. Development Company, stated he did develop Ski Vista Townhomes. Mr. Bruen noted advantages of this lot being the two entrances from an upper and lower road and all the lots thereafter are duplex lots. Mr. Bruen's request is to divide into two lots; go from a four-plea lot to 2 two-plex lots. Mayor Davis mentioned past Council was requested to subdivide lots regardless of density (sometimes increase/sometimes decrease), thus Council passed a Resolution to stop-that practice from even. being considered. The question being tonight, does.this Council want to discuss the matter. Councilor Pysher cautioned proceeding and suggested guidelines to proceed with to protect present property owners as soon as possible. Councilor Pysher added to not necessarily accept this request, but accept under certain circumstances. Councilor Reynolds stated the property is zoned and should be use as such. • • Councilor Nottingham questioned size of lot versus other lots. Mr. Bruen noted this lot is almost double the other lots after it is divided. Councilor Nottingham questioned past situations that directed the Resolution to be passed. Mr. Bill James informed Council"was receiving lots of requests to subdivide lots in Wildridge. Council discussed a_ moratorium to evaluate it and then decided to leave it as it is. Mayor-Davis noted that no evaluation was discussed, the Resolution was presented by a Councilmember that had resigned/was leaving and the Resolution passed that night. Councilor Nottingham suggested to protect the present property owners. However, the size of this property does warrant further discussion of the subdivision request. Mr.. Bruen developed the site right next door and expressed concern to protect present property owners. Mayor-Davis suggested to have public input, come up with policies addressing all situations (6, 4, 2 plex lots); what is acceptable on what size lot, etc: If this is to be considered, the entire situation should be considered. Councilor Pysher expressed agreement to address the whole scope and not just this project. Mr. Pylman informed research has been gathered due to past discussions and includes "requests of duplex lots to single family lots. Mayor Davis questioned Council on direction. Mr. James recommended referring matter to the next regularly scheduled Workshop. Councilor Pysher motioned to request Staff to put on the next regular worksession meeting this issue to be addressed. Councilor Nottingham seconded the motion and the motion carried unanimously. Next under Citizen Input was the Benchmark Trailer Park homeowners' concerns. Mr. Ken Sortland expressed concerns with-the new owners and, managers of the Benchmark Trailer Park. Concerns noted were lack of communication between-owners/managers and tenants, rate increases from single wide space to double wide space and monthly "increases, can not rent trailers as the owners bf the park are requesting all to be owner occupied and if trailers are sold they need to be moved from the park, and water increases. Mr. Sortland asked the Town for assistance. Mayor Davis questioned authority of Town, expressed-sympathetic feelings towards this,'situation,- and requested advice from the Town Attorney. Attorney John Dunn informed--the Town's-power is limited;,,-does not allow the Town to interfere with leases between-owners and-people that live in the park. Attorney-Dunn mentioned it could be a civil/private matter between landlord/tenant. -2- • • Mayor Davis requested Mr. Pylman to discuss the Town of Avon's Housing Plan. Mr. Pylman gave a synopsis of the Housing Plan. The'Coal is development of residential neighborhoods each with distinct identities which enhance the community's image and provide a broad range of desirable housing opportunities for all residents. The objectives are; preparation of master plans for the development of each sub-area, enhancement of all existing residential areas, development of housing opportunities for target populations for which the private sector can not profitably construct units, private development of at least 3-5 new medium and low density residential areas for permanent residents, development of housing which minimizes.impact on public facilities, creation of public policy in a regulatory climate that is conducive to residential development, development of affordable alternatives for residents of the mobile home parks within and near Avon who will likely be forced to relocate in the future as real estate values continue to escalate, and increase availability of financing for housing development and purchase. Mayor Davis opened the meeting for further Citizen Input. Mr. Ed Everett, resident of Benchmark Mobile Home-Park,-gave calendar of events. November, 1985 there was discussion of a development plan for the Town of Avon that included a statement whereby the landowners of the park be responsible to,,relocate residents of the park if the landowner redeveloped. January, 1986 to present, Mr. Everett mentioned concerns of lease agreement, sublease, late fees,.dead grass,-recent rate increases-of rent and water, and present restriction of non-rental and resale of units. Mr. Everett requested Council to investigate water rates; investigate rent increases, take positive action on the dead grass/weeds, and pass an Ordinance to protect homeowners' rights to rent and sell their own homes. Mayor Davis questioned lease term. Mr. Everett informed the lease is basically month to month. Mayor Davis assumed the problem to be lack of communication between the owners and the residents. Mr. Everett confirmed this assumption. Mayor Davis volunteered to be liaison between the owners and residents. Attorney Dunn stated the Town can not limit landowners' rights and a month to month lease could be a problem for the residents. Councilor Reynolds questioned the existence of the past Homeowners Association. Mr. Everett stated the Association existed.,to save the homeowners from the past difficult situation. Councilor Reynolds suggested to form the Association and have a spokesperson assigned to meet with the owners. Mayor Davis reiterated he would be the liaison between the owners and the spokesperson of the residents if needed and suggested the Association hire an attorney as the Town's actions are limited. Attorney Dunn volunteered to check with Colorado Municipal League to see what Municipal ordinances have been devised to deal with situations such as this. Ms. Linda Ausseresses, manager of Benchmark Mobile Home Park, invited all to the September meeting. Ms. Ausseresses informed the landowners are requesting owner occupied units. Rent increases were according to lot size. Classification of homes has been established as A, B, or C, at owner's discretion. Relocation information is available in the manager's office; relocation areas are in Leadville and Dotsero. -3- • • Ms.- Ausseresses stated water bills are taken care of by the manger, the manager bills out to the residents exactly what the park is billed; the park does not make any money off the water sales. Common areas water bill is a separate bill. Councilor Nottingham questioned available information on-financing options. Ms. Ausseresses responded limited financing is available and that information is available in the manager's office. Mr: David Ramos, resident of Benchmark Park, informed, thru an interpreter, he has been ill thus making his rent payment late. Manager is requesting $600 and he can not afford to.pay this. 'Mr. Ramos is not allowed to live in a friend''$ trailer and pay the space rent. Manager says Mr. Ramos can not buy Mr. Sortland's trailer. Manager is not available after 5:00pm, yet manager will come to Mr. Ramos's home after 10:00pm. Mr. Ramos has no place to live and seek's Council's advice. Mayor Davis stated the property owners have the right to.do what they wish to do with their property. Mayor Davis stated the Town can not legally do anything to force the property owners to come to terms with the residents and again volunteered to be.a liaison between the owners and residents. Ms. -Kathy Olson, past Assistant Manager of the Benchmark Mobile Home Park, voiced concerns of inconsistency of the managers and heat tape installation being a possible fire hazard. Ms. Olson questioned a grandfather clause. Mayor Davis concluded that the Town is willing to do anything possible, keeping in mind it is minimal. Mayor Davis informed he will ca-11 the owners and managers and discuss some of the concerns heard this evening. Resolution No: 92-23, Series of 1992, A RESOLUTION OF ACKNOWLEDGMENT FOR THE SERVICE OF HONORABLE DAN WILLIAMS Mayor Davis read Resolution No. 92-23 in its entirety. Councilor Reynolds motioned adoption of Resolution No. 92=23, Series of 1992. Councilor Gersbach seconded the motion and the motion carried unanimously. Mayor Davis presented Honorable Dan Williams with a signed western print. Ordinance No. 92-15, Series of 1992, AN ORDINANCE ADOPTING A CODE OF ETHICS FOR THE TOWN OF AVON AND PROVIDING PENALTIES"FOR THE VIOLATION THEREOF-. Council's consensus was to table this ordinance for further discussion at the.next.regular Worksession. -4- i • Ordinance No. 92-16, Series of 1992, AN ORDINANCE REPEALING-AND REENACTING CHAPTER.6.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO DOG CONTROL; ADOPTING BY REFERENCE THE EAGLE COUNTY ANIMAL CONTROL RESOLUTION OF 1992; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Attorney Dunn reminded that Council directed Staff to prepare an Ordinance which adopts by reference the Eagle County Animal Control Resolution of 1992 and substitutes that Resolution fo_r the previous ordinances of the Town. Councilor Pysher motioned to pass Ordinance No. 92-16, Series of 1992 on,first reading. Councilor Nottingham seconded the motion. With no further discussion, Mayor Davis entertained a roll call. Those Councilors voting aye were Charlie Gersbach, Celeste Nottingham ;,-Derek Pysher, and Albert Reynolds. Motion carried unanimously.- Resolution No. 92-24', S,e'ries of 1992, A RESOLUTION RELATING TO THE REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 Attorney Dunn informed a substitute Resoluti6n'No...92-24 has been handed out, changing paragraph #.2: The-top three-vote getters will be elected for four year terms and the next three greatest vote getters will be elected for remaining two year terms. This Resolution is needed due to the fact that when vacancies were filled there was a mixture 'of term lengths with no one being appointed to fill a specific term/vacancy. This Resolution will allow us to get back to the proper staggering.of terms. Councilor Reynolds motioned approval of Resolution No. 92-24, Series of 1992. The motion was seconded by Councilor Pysher and carried unanimously. Next was-'Unfinished Business with regards to the Railroad Grade Separation Feasibility Study of West Beaver Creek Blvd. Mr. James informed that Centennial Engineering was hired to do the feasibility study of a railroad grade separation on West Beaver Creek Blvd. Mr. Norm Wood discussed, with aid of map; Mr. Wood informed this study shows redevelopment of the mobile home park property to provide a connecting street along the south-right-of-way of Interstate 70. The bridge would be over the railroad tracks and river west-of the mobile home park. Cost estimate is $4.2 million. This project could be done in'conjunction with redevelopment of the mobile home park. The need for this project is contingent upon redevelopment of the mobile home park or,total build out. -5- • Next under Unfinished Business was the Post Office Update. Mr. James informed the post office is receptive to some, suggestions and not'to others. Mr. James noted that they may possibly install (at their expense) three street light fixtures ($1,200 each) if the Town buys them. Council's consensus was to buy the lights and have the post office install them. , Next under Unfinished Business was the Avon Arts Trust. Mr. James informed the Avon Arts Trust is still negotiating for the Sidewalk Society. The Trust has now raised $96,000, total price is $275,000; the,Town would pay $179,000 and could be paid out over 3 years with an annual payment of $60,000 with no interest or a 4 year term with interest. Council's consensus was to review with other goals at budget time. Next under Unfinished Business was the Avon Town Center Mall Sidewalk Discussion. Mr. James noted a discussion with Mr. Larry Lybarger. Mr. Lybarger voiced concerns about replacement of the sidewalk this year. Cost estimate is $40,000. After some discussion on the shape of the sidewalk, Council's consensus was to wait until next year. Next was New Business regarding Change Orders / Avon Road Streetscape Plan. Mr. Wood informed the change order for B & B is to reduce the contract amount by $525.00. Items referenced in this change order are inlet, grading, ground and pole receptacles and PVC conduit. The other change order is for SaBell's Landscape and Maintenance to increase the contract amount by $1,250. Items referenced in this change order are change in point of location,on irrigation system, transplant of one tree, and adjust valve boxes. Contingency is $30,000 for total project budget and these amounts fall within the contingency. Councilor-Reynolds, motioned to approve the change orders as presentedto be taken out of the contingency fund. -Councilor Pysher seconded the motion and the motion carried unanimously. Next was the Mayor's Report. Mayor Davis mentioned tomorrow, 7:30am at Seasons of the Green is a Speak-up Meeting for the Town of Vail on the Conference Center. Mayor Davis is in receipt of a letter from TCI regarding renewal of franchise. Council agreed to discuss further. Mayor Davis gave the letter to Attorney Dunn for correspondence. Mayor Davis has information on all the Boards / Commissions appointed by the Governor should anyone be interested. -6- • • Mayor Davis mentioned a bike path letter; the Town of Vail is sending a letter.of'support to the State. Council agreed to send a letter of support from the Town of Avon and directed Mr. James to do so. Mayor Davis questioned whether letters had been sent to Liz Robbins and Assoc. regarding the bus funding. Mr. James responded positively. Mayor Davis mentioned the American People Ambassador Program. Mayor Davis noted the Eagle County Regional Meeting is scheduled tomorrow night at 7:00pm in the Avon Municipal Building. Mayor'Davis questioned the light fixture issue. Mr. James responded a letter was sent requesting documentation of freight expenses prior to the Town's payment and we are awaiting a reply. Mayor Davis mentioned a Red Ribbon Campaign, week of Oct. 24-Nov. 1st. Councilor Nottingham will take care of this. Mayor Davis mentioned the 1992 NWCCOG Retreat. Councilor Pysher will attend both days Thursday, August 27th and Friday, August 28th. Councilor Nottingham will attend Thursday, August 27th. Mayor Davis noted the TCI First Annual MDA Vail Golf Classic, two person scramble. Mayor Davis announced the Summer Symposium on September-24th and 25th at the Hyatt in. Beaver Creek. Mr. James will attend in Mayor Davis's absence. Next was Other Business. Mr.. James reminded Council of next Tuesday; a Worksession will be at the Hyatt (space ayailability),:to discuss the Grand; Goal Setting, and Proposed.Budget beginning",at~3:00pm. -Also, at-the September 8th Council'Mee'ting we will prioritize goals for 1993. The Financial Matters were.next pr-esented,to Council.: Councilor Pysher moved to receive items #1 thru #3 and approve items #4 thru #6. The motion was seconded by Councilor Reynolds and was unanimously carried. Next presented to Council were the Council Meeting Minutes. Councilor Reynolds motioned approval of the August 11th, 1992, Regular Council Meeting minutes as presented. The motion was seconded by Councilor Nottingham and the motion carried unanimously. There being no further business to come before-Council, Mayor Davis called for a motion to adjourn. Councilor Pysher.moved to adjourn. The motion was seconded by Councilor Reynolds. The meeting was adjourned by Mayor Davis at 10:20pm. -7- RESPECTFULLY SUBMITTED: Patty Ne hart, Clerk ~l !oiwn , APPROVED: