TC Minutes 11-10-1992MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 10, 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 7:35p.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 Municipal Services Larry Brooks,
Director of Engineering Norm Wood, Director- of Community
Development Rick Pylman, Police Chief Art Dalton, Fire Chief
Charlie Moore, Town Clerk Patty Neyhart, as well as members of the
press and public.:.,
First item on the agenda was Unfinished Business.
Ms. Gloria McRory,'!representing.Avon.A"rts Trust requested funding
for Glenna Goodacre's sculptures, Sidewalk Society.
Ms.' McRory offered'Avon Arts Trust pays 1/2 and Town of Avon pays
1/2;-.a-total of-5 pieces,-with 9 figures. Total is $275,000; Town
to pay half ($137,500) plus up to $10,000 for shipping, setup, and
insurance costs for a total of $147,500. The town will have
-ownership. Ms. McRory requested the plaque mention the joint
project between the Town of Avon and the Avon Arts Council.
Councilor Reynolds motioned approval, according to the agreement
with the Avon Arts Council, of the purchase of these statues:
Councilor- Nottingham seconded the motioned and the motion carried
unanimously.
Next under Unfinished Business was Bobfest.
Councilor Gersbach motioned to continue funding of Bobfest for
$10,000. Councilor Pysher seconded the motion and the motion
carried unanimously.
Councilor Hazard amended motion to approve the money only after
everything has been cleared financially to the satisfaction of
Council. Councilor Pysher seconded the amendment to the motion
and the amendment carried unanimously.
Councilor Hines amended the amendment to the motion by placing a
contingency that we do not approve the $10,000 allocation until
Council reviews and is in agreement with the plans for the
upcoming event. Councilor Hazard seconded the amendment to the
amendment and the amendment carried unanimously.
The Financial Matters were next presented to Council.
Councilor Reynolds moved to receive items #1 thru #12 and approve
items #13 thru.#17.. The - motion was seconded by Councilor -
Nottingham and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the October 27, 1992 Regular
Council Meeting-minutes-as presented. The-motion was seconded by
Councilor Reynolds and the motion carried unanimously.
Councilors Charlie Gersbach and Derek Pysher then proceeded to
give their farewell comments to the Council,and public.
Resolution No. 92-35, Series of 1992, A RESOLUTION IN
APPRECIATION OF CHARLES GERSBACH.
Resolution' No., 92=36,,,-, series of 1.992, A RESOLUTION IN
APPRECIATION..OF DEREK-PYSHER.
Mayor Davis read both Resolutions in their entirety.
Councilor Hines motioned'to adopt,Resolution-No. 92-35, Series of
1992 and Resolution No. 92-36, Series of 1992. Councilor
Reynolds seconded the,-motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Davis called for a motion to.adjourn. Councilor Gersbach moved to
adjourn. The motion was seconded by Councilor Pysher. The
meeting was adjourned by Mayor Davis at 7:55pm.
The Council then proceeded with the installation of the newly
elected Councilmembers.
Town Clerk Patty Neyhart read the list of newly elected
Councilmembers as Jack Fawcett, John Hazard, Thomas M. Hines,
Celeste-(C.C.) Nottingham, Albert J. "Buz" Reynolds, and Jim
Roof.
All newly elected Councilmembers were sworn in by Judge Buck
Allen.
Councilor Nottingham nominated Councilor Tom Hines as Temporary
Chairman. The nomination was seconded by Councilor Hazard.
Councilor Fawcett motioned to close the nominations. Councilor
Nottingham seconded motion and the motion carried unanimously.
Tom Hines was nominated unanimously as Temporary Chairman.
-2-
Councilor Hazard nominated Jerry Davis as Mayor. Councilor
Nottingham nominated Albert "Buz" Reynolds as Mayor. With no
further nominations, Temporary Chairman Hines motioned for
nominations to cease. Councilor Nottingham seconded the motion
and the motion carried unanimously.
Ballots were handed out and.tallied by the Town Clerk with
verification by the Fire Chief. Temporary Chairman Hines
announced that Albert J. "Buz" Reynolds was elected Mayor.
Councilor Fawcett nominated Councilor Nottingham as Mayor Protem'.
Councilor Davis nominated Tom Hines as Mayor Protem. With no
further nominations, Temporary Chairman Hines motioned for
nominations to cease. Councilor Fawcett seconded the motion and
the motion carried unanimously.
Ballots were handed out and tallied by the Town Clerk with
verification by the Fire Chief. Temporary Chairman Hines
announced that Celeste (C.C.) Nottingham was elected Mayor Protem.
The Council took a short recess to-meet the public and press.
The meeting reconvened with the new Council taking their
appropriate seats.
Mayor Reynolds called for Citizen Input:
Mr. Peter Jamar, representing Mountain Star Limited Liability
Company, gave a presentation on the proposed new development in
Wildwood. Mr. -Jamar informed Mountain Star will need to rezone,
in terms of a PUD amendment, the existing_Wildwood subdivision'.
The Wildwood project was approved by the Town approximately 10
years ao and was zoned for 932 dwelling units, plus 4 apartments-
Mountain— Star development plan is to downzone the property to 88
single family home sites with caretaker unit/guest dwelling unit.
Construction of the first house would probably be during the
summer of 1994.
Resolution No. 92-37,.Series of 1992, A RESOLUTION IN
APPRECIATION OF THE JUDGES AND CLERKS,FOR THE MUNICIPAL ELECTION
AND PAYMENT APPROVAL.
Mayor Reynolds read Resolution No. 92-37 in its entirety.
Councilor Hines motioned to adopt Resolution No. 92-37, Series of
1992. Councilor Nottingham seconded the motion and the motion
carried unanimously.
Resolution No. 92-38, Series of 1992, A RESOLUTION IN
APPRECIATION OF MAYOR JERRY DAVIS.
-3-
Councilor Hazard motioned toyrequest the.,Town Clerk to draft a
special Resolution in appreciation of Jerry Davis for his
outstanding services and accomplishments as Mayor of the Town of
Avon. Councilor Hines seconded the motion and the motion-carried
unanimously.
Next was New,Business regarding a request of transfer tax
exemption from Mr. Kent Gubler.
Mr. James informed Mr. Gubler has requested an exemption from
the real estate transfer tax under section 3.12.060.0 of the
Municipal Code. This applies to owner occupied units, which
exempts the first'$80,000 of purchase price from the 2% tax, with
one year as primary "residence. Mr. Gubler closed on the resident
on September 4, 1991 and sold the unit on September 181 1992.
However., Mr. Gubler left the area around June 1st. Attorney
Hartlaub has reviewed and advises the tax is due.
Councilor Fawcett questioned method of transfer and was it
contrived with the purpose of evading the real transfer tax; was
this attempt fraudulent initially. Councilor Fawcett stated, from
the letter, Mr. Gubler had every intent to live in this home as
his primary resident; which he did so for hine'months. Councilor
Fawcett added Mr. Gubler may have waited over- a year,to sell the
resident solely for the purpose of not having to pay the transfer
tax; but that does;not disqualify him from the exemption.
Councilor Fawcett summarized there is no way the Town can really
request him to pay the transfer tax.
Councilor Davis added Mr. Gubler was presented with an
opportunity that he really could not pass up; his intent was to
live in Avon in the resident.
Councilor Fawcett motioned Kent and Kari Gubler be exempted from
the real property transfer tax for the Town of Avon.
Town Attorney Dunn stated the earlier advice from Attorney
Hartlaub was in error; it appears the motion is correct.
Councilor Davis seconded the motion and the-motion carried
unanimously.
Next was Other Business.
Council reported on Committees.
Councilor Davis mentioned the CAST meeting.to be held at the
Antlers in Vail on December 10 and 11, 1992.
Councilor Davis mentioned the Transportation Task Force meeting to-
be held in Avon on November 18th at 8:30am-10:00am.
Councilor Davis mentioned the Eagle County Regional Meeting to be
held in Vail on November 18th at 5:15pm
Councilor Nottingham mentioned the CML sponsored seminar to be
this Saturday, November 14th on collaboration.
-4-
i •
There being no further business to come before Council, Mayor-
Reynolds called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Nottingham. The
meeting was adjourned by Mayor Reynolds at 9:00pm.
RESPECTFULLY SUBMITTED:
Patty Ney art To Clerk
-5-
MINUTES OF THE REGULAR MEETING OF,THE TOWN COUNCIL
HELD NOVEMBER 24, 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 Albert Reynolds at
7:35p.m. A roll call was taken with Councilors Jerry Davis, Jack
Fawcett, John Hazard, Tom Hines, and Jim Roof present. Councilor
Celeste Nottingham was absent. Also present were Town Attorney
John Dunn, Town Manager Bill James, Director of Municipal services
Larry Brooks, Director of Engineering Norm Wood, Director of
Community Development Rick Pylman, Police Chief Art Dalton, Fire
Chief Charlle Moore, Town Clerk Patty Neyhart, as well as members
of, the press and public.
With no one wishing to speak under Citizen Input, the Mayor called
for the first item on the Agenda.
First Reading of Ordinance No. 92-20, Series of 1992, AN,
ORDINANCE-AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON RELATING TO OFFENSES AGAINST PUBLIC DECENCY; AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
-Town Clerk Patty Neyhart informed this Ordinance pertains to House
Bill 90=1083 that made certain changes to the State Liquor Code,
Ordinance No. 92-20 brings the Avon Municipal Code into
conformance. Three items that House Bill 90-1083 dealt with are:
Sunday hours of operation are Sam to 2am with special license of
extended hours; New Years Eve is Sam to 2am regardless of special
license of extended hours; and Christmas Day is 8am to midnight
with special license of extended hours.
Councilor Hines motioned to adopt Ordinance- No. 92-20, Series of
1992 on first reading. Councilor Roof seconded the motion and the
motion carried unanimously.
First Reading of Ordinance No. 92-21, Series of 1992, AN
ORDINANCE PROVIDING FOR AN AMENDMENT TO THE WILDWOOD PUD;
ESTABLISHING A DEVELOPMENT PLAN AND IT'S CONTENT AND ESTABLISHING
DETAILS RELATING THERETO
Mr. Rick Pylman stated Mountain Star Limited Liability Company
submitted an application to the Staff approximately 45 days ago
for a PUD amendment and a preliminary plat application for 683
acres commonly referred to as the Wildwood Subdivision. Wildwood
was platted and zoned in 1979 for 272 lots with 970 dwelling
units. The development plan will change with Mountain Star's
proposal of an 88 lot residential subdivision. 'Each lot will have
a primary residence and a caretaker/guest -apartment. One parcel
of land is zoned for an overall property manager's unit. Total
density of the project is 177 units.
•
Mr. Pylman added the
unanimous approval of
and the applicant are
the Ordinance (Section
Ordinance No. 92-21.
1J
Planning and Zoning commission recommended
the PUD Amendment with conditions. Staff
in agreement with those conditions listed in
6). Mr. Pylman discussed each section of
Mr. Peter Jamart representing Mountain Start gave overview of
project. Mountain Star is a dramatic reduction in density and
dramatic increase in open space from the Wildwood PUD. Mountain
star totals 683.94 acres. The main access will be up Buck Creek.
Road with secondary access via Wildwood Road. Sites range in
elevation from approximately 8250' to 92501. Vegetation on sites
vary from sage to heavily wooded with aspen and conifers. Each
home site,has been selected to maximize privacy and views and
minimize disruption to the natural environment of the site. Ranch
Central is designated as a gathering place for residents and home
for a full time on-site manager. Mountain Star will operate with
their own Architectural Design Review Board that will function
separately from the Town of Avon Design Review Board.
Councilor Roof questioned trail head off-road parking. Mr. Jamar
responded presently there is no real plan, however trail heads
will be'detailed in the final subdivision plat.
Mr. Jamar added Mountain Star is in agreement with the conditions
of the Ordinance.
Mr. Bill James reminded-of,discussions regarding Mountain Star's
participation in financing a public works facility and questioned
where this is mentioned in the,.,Ordinance. Mr. James added land
dedication is noted'in the:Ordinance, but with Amendment 1;
resources may be limited to build a facility. Mr.' James
suggested a proposal to have Mountain Star build the facility and
the Town lease it back.
Mr. Pylman stated public works site/faci:lity.and trail head
conditions need to be defined and very clearly addressed prior to
second reading of this Ordinance.
Mr. James stated this is creating two residential units per lot
and questioned size limit on secondary unit. Mr. Jamar responded
there is no limit, however covenants will require the second unit'
to be a caretaker or guest type of unit.
Councilor Hazard motioned to approve Ordinance No. 92-21, Series
of 1992 on first reading and Resolution No. 92-41, Series of
1992. Town Attorney John Dunn suggested Resolution~No. 92-41 be
tabled until second reading of Ordinance 92-21 and advised
Councilor Hazard to rephrase motion to adopt the Ordinance.
Council Hazard rephrased motion to approve Ordinance No. 92-21,
Series of 1992 on first reading. Councilor Fawcett seconded the
motion.
Councilor Davis noted Section 2, number 1 "without" review by the
Town of Avon or revision to this Ordinance and suggested it read
"with" review by the Town of Avon. (dropping "or revision to this
Ordinance"). Councilor Davis requested dealing with the
conditions, prior to second reading of the Ordinance, relating to
public works site/facility and trail heads.
-2-
• •
Mr. Jamar'expressed agreement with defining the public works
site/facility-and trail heads conditions prior to second reading
of the Ordinance. Mr. Jamar added that a size limit may be
placed on the secondary unit. Mr. Jamar expressed hesitation to
change the "without" to the "with" and suggested different
agreeable language. Mr,. Jamar stated second reading is planned
in January, allowing time to review and discuss all issues.
Following the roll call vote, the motion carried unanimously.
Resolution No. 92-41; Series of 1992, A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR MOUNTAIN STAR='SUBDIVISION,,A REPLAY AND
RESUBDIVISION OF REPLAT NUMBER 1-OF THE FINAL SUBDIVISION„PLAT
WILDWOOD, TOWN.OF AVON, AS RECORDED IN BOOR 337, PAGE 364, IN
EAGLE COUNTY COLORADO
Attorney Dunn suggested-to table Resolution No. 92-41 until
second reading of_Ordinance.'No.: 92-21.
Councilor Hazard motioned to table Resolution No. 92-41, Series
of 1992 until second reading of Ordinance.No. 92-2i. Councilor
Davis seconded the motion and the motion carried unanimously.
Resolution No. 92-38, Series of 1992, A RESOLUTION IN,
APPRECIATION OF MAYOR JERRY DAVIS.
Mayor Reynolds read the Resolution in its entirety.
Councilor Hines motioned to adopt Resolution No. 92-38, Series of
1992. Councilor Hazard seconded the motion and the motion carried
unanimously'.
Resolution No. 92-39, Series of 1992, A RESOLUTION AMENDING THE
1992 BUDGET
Mr. James stated this Resolution brings figures in line for 1992.
The main item is, under the Public Works Fund, an increase from
$52,667 to $200,167. This includes the purchase of Glenna
Goodacre's "Sidewalk Society" art sculptures for $147,500 and
final payment of Checkmate for $52,667.
Councilor Hines motioned to adopt Resolution No. 92-39,'Series of
1992. Councilor Hazard seconded the motion and the motion carried
unanimously.
Resolution No. 92-40, Series of 1992, A RESOLUTION AMENDING THE
1993 BUDGET
Mr. James stated this Resolution brings figures in-line for 1993.
In the Public Works Fund Expenditures, because of purchasing
"Sidewalk Society" in 1992, an annual payment in 1993 is not
necessary. Under the General Fund Revenues, the Town has
increased the management of the Avon Metro District. Under Public
Works Fund Revenues, this amount is not necessary.because of the
new agreement to purchase "Sidewalk Society".
! i
Councilor Hines motioned to adopt Resolution No. 92-40, Series of
1992. Councilor Hazard seconded the motion and the motion carried
unanimously.
Next was New Business regarding Wildwood Townhomes.
Councilor Hazard mentioned concerns of residents of Wildwood
Townhomes. Councilor Hazard suggested Town Staff discuss matters
with Morgan Murray. Councilor Hazard noted concerns of roof tiles
not installed, window installed upside down, quality of.carpet,
quality of work. Mr. James informed a meeting with the
homeowners association was held. The punch list is to be done as
quickly as possible and everything corrected. EJ has,assured-
Staff everything that he can address will be done by-December 4th.
Another meeting with the homeowners association is set for
December 7th. Councilor Hazard added he has heard of-several
-walls that are not straight. Mr. James stated concerns are being
condensed and resolved. Mr. James added there are some concerns
.to discuss later; one being there are no gutters on the buildings.
Next under New Business was Christie Lodge commendation.
Councilor Hines commended the efforts of Lynn Weas on the face
lift of the Christie Lodge; it has certainly improved the
appearance of the building. Mayor Reynolds added it also helps
the appearance of the Town's streetscape.
Next on the Agenda was the Town Attorney Report.
Attorney Dunn requested direction from Council regarding exemption
from real estate transfer tax. Attorney Dunn stated the intent,
when the Ordinance was adopted, was to adopt as objective a text
as possible; that the applicant purchased the unit with the intent
of living in it as primar-y,resident for at least one year. That
intent is reflected in:the:requirement that an affidavit be
executed and that the amount of tax be withheld for a period of
one year after the closing. Attorney Dunn requested specific
language from Council to tighten1up the language so.that intent
can be enforced. Councilor Fawcett;expressed'intent "ls quite
clear in the Ordinance the way it is°written., On the other hand,
if this is to be mandatory for one year, than the Ordinance needs
to be rewritten. '-Attorney-Dunn-,suggested a one year mandatory
period. Councilor Davis informed the'biggest concern, when'the
ordinance was.,written, -was ,someone buying; the .unit, receiving, an
exemption, then renting it out/making'it a second'home.' Mr.'
James stated that at the end of the year, Staff checks to see that
the.sake person who bought the unit is occupying the unit; this
month there are four who are not. Mr. James requested a method
of enforcement. Discussions-focused on,whether to change the
Ordinance from intent to mandatory and whether to escrow funds.
Council directed Attorney Dunn to draft an amended Ordinance-with
specific language. Councilor Davis noted Avon was.the first
community in Colorado to pass the transfer tax and the first to
offer an exemption.
-4-
•
Next on the Agenda was the Mayor Report.
Mayor Reynolds announced the appointments to the various
committees. (See Attachment A)
Mayor Reynolds mentioned the next CAST meeting on-December 11th
and 12th.
Mayor Reynolds noted the Worksession scheduled for next Tuesday,
4pm.
The Financial Matters were next presented to-Council.
Councilor Hines moved to receive items #1 thru #3 and approve
items #4 thru #8. The motion was seconded by.Councilor Davis and
was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval, of the.-November 10, 1992 Regular
Council Meeting minutes as presented. The motion was seconded by
Councilor Hazard and the motion carried unanimously.
There being no further business to come before Council, Mayor
Remolds called for a motion to adjourn. Councilor Hines moved to
adjourn. The motion was seconded by Councilor Fawcett. The
meeting was adjourned by Mayor Reynolds at 9:05pm.
RESPECTFULLY SUBMITTED:
Town
Clerk
Patty NeOhar
-5-
ATTACHMENT A
9
LIST OF COUNCIL COMMITTEES
1993
Avon Arts Trust
Avon/Beaver Creek Resort Assn.
CAST
(Colorado Association of Ski Towns)
CML (Executive Committee)
(Colorado Municipal League)
Drug Free Eagle Valley
Eagle Valley Recreation Task Force
(BerryCreek Authority)
Housing Committee
Mountain Man Triathlon
NWCCOG
(Northwest Colorado Council of Governments)
Special Events Committee
(ABCRA)
Special Events Committee
(Vail Valley Marketing Board)
Transportation Task Force
Upper Eagle Regional Water Authority
Vail Valley Community T.V.
(Channel 23)
Vail Valley Foundation
Vail Valley Marketing
Vail Valley Performance & Conference Cntr
(Citizens Advisory Committee)
Vail Valley Special Events Commission
(Towns of Avon & Vail and V.A.)
Mayor
John Hazard/Mayor
mayor
mayor
Celeste C. Nottingham
Jack Fawcett
Jim Roof
Tom Hines
Jim Roof &
Tom Hines
John Hazard
Jerry Davis &
John Hazard
Jack Fawcett
Celeste C. Nottingham
John Hazard
Jerry Davis (Alternate
John Hazard) & Tom
Britz
Jack Fawcett
Dana DelBosco