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TC Minutes 07-12-1983N N MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING JULY 12, 1983 - 7:30 P.M. The regular meeting of the 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 Allan Nottingham at 7:45 p.m. A roll call was taken with La rX Kumpost, Sheila Davis, A.J. Wells, Al Connell and Don Buick ~,V-e~~b~o present were Town Attorney John Dunn, Town Manager Richard D. Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator Dick Evans, Superintendent of Public Works Dan Sunday as well as members of the press and public. The Mayor called for Citizen Input. Dave Campbell, District Traffic Engineer approached the Council. He discussed the traffic light at Avon Road and Beaver Creek Boulevard and also a traffic light to be installed at the intersection of Highway 6 and Avon Road. Mr. Campbell stated that based on the studies that were performed by the Highway Department and the Town of Avon's Engineer, that the Highway Department concluded that there was control needed at both of those intersections. He stated that they have preliminarily designed the signals and the components have been ordered for installation of the signals. He stated the average signal installation would cost $30,000. The signal at Highway 6 and Avon Road would be more expensive because of the railroad override unit. This override would also be connected with the signal at the intersection of Avon Road and Beaver Creek Boulevard. Mr. Campbell stated he was hoping for a late fall installation. Depending on the suppliers, it may be next spring. Mr. Campbell stated that a 4-way stop is a method to control traffic. The only way a 4-way stop really works is when all four legs have equal volumes of traffic and that is not the case at either one of the intersections described. He stated the best modern and effective control for the motorist and pedestrian is to go with four of the latest state of the art, mastarm, textured type traffic signals with pedestrian push buttons. These would be installed on each corner of the intersection of Avon Road and Beaver Creek Boulevard and the same at Highway 6 and Avon Road. Mr. Campbell stated that the Highway Department would do the striping of the crosswalks on each leg of the road. Be it noted that Councilman Greg Gage arrived at 7:54 p.m. Michael Blair, member of the P & Z Commission stated, although he was opposed to seeing a traffic signal in Avon, he felt that in the near future it will be needed. He felt that the Town should accept the signalization that is inevitable, take it now at no or very -1- N N little cost to the Town and find out that it works very well. Councilman Kumpost stated that 4-way stop signs relate only to automobiles, that the only thing that relates to pedestrians is the walk signal which dictates the traffic light. After discussion Larry Kumpost moved to have the Highway Department provide the traffic signals with the lights and have them painted a dark brown to match as closely as possible with the dark brown anodized. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells and Don Buick. Those Councilmembers voting nay were: Al Connell. The motion carried. The Mayor thanked Mr. Campbell for his presentation. Councilman Buick reported on the Northwest Colorado Council of Governments (NWCCOG). He stated that at the last meeting of NWCCOG, there were several comments on the $750,000 study that a company by the name of Fox and Associates want to conduct in regards to Air Quality in mountain communities. He stated it was defeated at that meeting because of non-support. He stated Gary Martinez, Executive Director of NWCCOG requested that the Council allow Clark and Musgrove to be placed on the agenda to discuss the study. He stated that $600,000 of the $750,000, would come from private sources. Municipalities may be asked to put up as much as $100,000 and that amount would be spread out over six counties. There being no further citizen input the Mayor closed discussion. Second reading of Ordinance No.#83-29, Series of 1983 was next presented to the Council. The Town Attorney read the Ordinance by title. AN ORDINANCE DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND ORDINANCE;" RATIFYING ACTION HERETOFORE TAKEN; DECLARING THE NECESSITY OF MAKING VARIOUS PUBLIC IMPROVEMENTS IN THE TOWN; AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS, SERIES AUGUST 1983, IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000; PROVIDING FOR THE TOWN COUNCIL OF THE TOWN OF AVON TO LEVY GENERAL (AD VALOREM) TAXES TO PAY THE PRINCIPAL AND INTEREST ON THE BONDS; PROVIDING OTHER DETAILS CONCERNING THE BONDS, THEIR SALE AT A NEGOTIATED SALE AND THE VARIOUS PUBLIC IMPROVEMENTS PROJECTS; RATIFYING, APPROVING, AND CONFIRMING ACTION HERETOFORE TAKEN AND PERTAINING THERETO; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. Sheila Davis moved that all rules of the Council which might prevent the final passage and adoption of said ordinance at this meeting be suspended. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Sheila Davis moved that the ordinance be passed and adopted. The motion was seconded by Don Buick. The Mayor opened the meeting for public hearing. Clint Watkins, resident of the Town, approached the Council. He -2- N N stated that although he was in favor of the beautification of the Town, he was opposed to the method being used. He felt it was hastely conceived and not very well discussed and brought out as far as what effect it would have on future budgets. He felt it would mean a tax increase for the residents. He felt it was an abuse of the bonding power that the Council has. Councilman Wells stated he felt that the money would not be spent imprudently. He stated that so far the Council has entered into a contract for the landscaping on Avon Road. Councilman Buick stated it was a very well thought out plan to create economic activity this year and not just a spur of the moment project. Mr. Watkins felt the Charter should be amended in regards to the bonding power the Council has. He felt that it should be placed on the next election for the vote of the people. There being no one else wishing to be heard the Mayor closed the public hearing. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval that the ordinance be finally published by posting and be printed by title and summary in the Vail Trail on July 15, 1983, and be recorded according to law. The motion was seconded by Sheila Davis and was unanimously carried. Second reading of Ordinance No.#83-27, Series of 1983, AN ORDINANCE REGULATING BUSINESSES WITHIN THE TOWN OF AVON BY REQUIRING REGISTRATION OF BUSINESSES; REPEALING CHAPTER 5.04 OF THE AVON MUNICIPAL CODE; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. A.J. Wells moved approval of Ordinance No.#83-27, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-30, Series of 1983, AN ORDINANCE CONCERNED WITH DEFINING NUISANCE RELATED TO THE ACCUMULATION OF WEEDS AND PROVIDING A PENALTY FOR MAINTAINING SUCH A NUISANCE. The Mayor opened the meeting for public hearing. The Town Attorney stated that the ordinance reflects the changes that were made at the last Council Meeting. He stated that it also reflects the new wordage to define weeds. In Seciton 8.24.045(A) delete, "except trees, shrubbery and natural vegetation on undistrubed ground natural grasses and shrubbery on undistrubed land," add, "of little or no value not used for an ornamental or agricultural purpose." There being no one else wishing to be heard, the Mayor closed the public hearing. Larry Kumpost moved approval of Ordinance No.#83-30, Series of 1983 on second reading. The motion was seconded by A.J. Wells. Those -3- N N Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-31, Series of 1983, AN ORDINANCE CONCERNED WITH AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION. The Mayor opened the meeting for public hearing. There being no one wishing to be heard the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#83-31, Series of 1983 on second reading. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Next on the agenda was the preliminary plat approval for Wildwood Resort, a resubdivision of Lots #5, 52A, 52B, Block #1, Benchmark Subdivision and also Resolution No.#83-29, Series of 1983. Be it noted that Mayor Allan Nottingham and Councilman A.J. Wells stepped down because of conflict of interest. Mayor Pro-Tem Sheila Davis then proceeded with the meeting. Larry Goad, on behalf of Wildridge Development Company, approached the Council. He stated there were eight items of conditions on the staff report and resolution from the Planning Director that had to be met for approval of the plat. Mr. Goad stated the development company felt that just three of those conditions were valid for preliminary plat approval. He stated that he had submitted a letter to Dick Kvach along with a resolution which reflects the three conditions he felt were valid (see attached). He felt the other five conditions were just recommendations or items that deal with the final plat approval and they have no place in the resolution for preliminary plat approval. Mr. Goad requested that Council approve the resolution drafted by the development company. The Town Attorney addressed the question of the easement and the notation on the plat as proposed. He stated he thought Council had an obligation in connection with the approval of any plat to make whatever requirements are necessary when looking toward the future potential use of the area being subdivided. This includes securing adequate rights-of-way, ordinarily by dedication. One of the chief purposes of the subdivision process is to insure residents of the Town, both present and future, that there will be sufficient road-ways, of sufficient width, to meet the requirements of traffic generated by the potential density of the subdivision. He felt the request from Dick Kvach, insisting upon the full width of the easement should be maintained by the Council and the recommendation made by Dick Kvach should be followed. George Rosenberg on behalf of the applicant approached the Council. He stated that the right-of-way requirements have been met by the developer in terms of the width. He stated that the Town Engineer -4- stated that he was requiring another 3 feet. The developer agreed, but when the developer returned for a preliminary/final plat approval, the staff was not willing to accept that. Mr. Kvach stated that Nottingham Road should be classified as a major arterial street which requires an 80 foot right-of-way. He stated anything less than that becomes substandard and then the Town starts running into problems when putting in slab and walkways and also providing for snow storage. Councilman Buick stated he felt the concerns of this discussion was the 7 feet that exists between 53 feet and 60 feet. Mr. Goad stated that the Town wanted to have four 12 foot driving lanes with two-2 1/2 foot curbs and gutters and in order to do so they need an additional 3 feet. The 10 feet was provided for the purpose of allowing the other 7 feet to be used to tie the ground grades into the curb, and to provide snow storage for both the road and the hotel site. He felt it was not practical to have a sidewalk in that area. Mr. Goad felt that within the 50 feet, the Town could build an adequate four lane road. The second item was the requirements for the Town or its designated agent to promptly replace any/all ditch, drainage, utility distribution facilities, trees, brush, vegetation, concrete work, paving or other surface structure removed or damaged by the Town and/or its agent. He stated he felt that was only proper. Mr. Goad stated that these are the two items that Town Staff takes exception to and claims they make the entire easement worthless. He stated that he disagrees. He felt they have complied and have done what is necessary to allow for a four lane road. Town Manager Richard Blodgett stated he had some concern. He stated a resolution was adopted that called for a 10 foot easement for roadway purposes be granted to the Town adjacent to this plat along Nottingham Road and in addition a 5 foot temporary construction easement has been approved. He stated the 10 foot easement is now being restricted. He stated it does not allow the Town to put in any sidewalks if they wanted to. Mr. Goad stated that the developer was limiting the Town of what they could do in respect to widing the road. He stated if they want to install sidewalks, that's a separate matter. Mr. Blodgett stated that referring to the Municipal Code in regards to type of streets, arterials for a capacity of 8,000 vehicles, the ordinance requires an 80 foot right-of-way, not an easement. He stated he could live with the easement. He stated he felt it could be important to connect the hotel with the downtown area. Councilman Buick felt that maybe the Town could tolerate 11 foot lanes and could favor the developers views. He stated that maybe the Town was punishing the developer on one side and not the developer on the other side and that he felt that was not fair. After discussion Al Connell moved to approve the preliminary plat for Wildwood Resort. Mayor Pro-Tem asked if there were any conditions to be added to the motion. Councilman Connell stated he felt the Town could live with the 11 foot lanes and should do it. The Mayor Pro-Tem stated she could not see a problem if Council passed the resolution that was drafted by the developer regarding -5- N N the three conditions, but to make it clear that some of the other issues would be addressed on the final plat for the site. Councilman Kumpost stated that some of these issues should be placed on a laundry list and not be made part of the resolution. The motion was seconded by Larry Kumpost. Mr. Goad asked the Council if they would feel comfortable if the developer would comply with the three conditions that were stated in the resolution and then resubmit the plat for approval at the next meeting. Don Buick moved to continue this matter until the next meeting, that the Council request the applicant resubmit a preliminary plat of the Wildwood Resort after addressing the three items, A,B,C (see attached) and then return at the next regular meeting for Council action. The motion was seconded by Larry Kumpost and was carried with Allan Nottingham and A.J. Wells abstaining. The Council recessed at 10:00 p.m. and reconvened at 10:15 p.m. Dick Kvach reported on the National Flood Insurance. He stated that flood insurance was something that was available to all communities throughout the country that have rivers and a possibility of mud slides. This insurance is not a regulatory program, but is implemented on an individual community basis. He stated that the NFIP was divided into the emergency and the regular program. When a community enrolls in the emergency program each dwelling can be insured to $35,000 and is charged .40 cents per $100 of coverage regardless of the flood hazard. He stated the Town does not administer the program. He stated to become involved in the program the Town must: 1) adopt a resolution to become involved in the floodplain management program; 2) submit an application for participation in the National Flood Insurance Program; and 3) have a permit/review system to take into consideration floodplain management for all building construction. He stated it does not cost the Town anything. After discussion Sheila Davis moved to authorize Dick Kvach to proceed with the National Flood Insurance Program and proceed with the application necessary for the emergency program. The motion was seconded by Al Connell and was unanimously carried. Councilman Kumpost requested that Mr. Kvach receive some sample applications for review. The Town Manager reported on the Transit System Advertising. He stated rather than contract with Transit System Advertising, it was requested by the Council to work in-house and cooperate with the Chamber of Commerce. Council suggested that the local merchants do the signage. It was requested that the Town Manager research other towns and see how they work their Transit System Advertising. The Town Manager reported on the excavations of Avon Center and Peregrine Properties. He stated the Town would continue to work -6- N M with developers and to return to the Council in thirty days with a progress report. They discussed the liability in connection with the above on how long a lot could stand open after it has been excavated. Dick Evans, Building should be completed completed the permit excavation should be circumstances of the those permits. Administrator stated that 10% of the work within each sixty day period. If it is not automatically expires and all below grade filled in within thirty days, but under the economy, the administrator was lenient on The Town Manager reported on the Lift Bus System. The buses would run on an experimental basis for two weeks to see if there was ridership demand this summer. He stated they would proceed with the County agreement and the agreement between the Town of Avon and Beaver Creek Transit also finalizing the tenative agreement with the Town of Vail. The Mayor reported on the Colorado Association of Ski Towns (CAST). Sheila Davis moved to appoint Allan Nottingham as the representative from Avon for CAST and Al Connell the alternate. The motion was seconded by Larry Kumpost and was unanimously carried. The Town Manager reported that Amtrak would be running July 16, 1983 and that the Mayor, Town Manager and Councilman Don Buick would be representing the Town of Avon on the Amtrak run. The financial matters were next presented to the Council. Greg Gage moved to receive items #1 through V. The motion was seconded by Larry Kumpost and was unanimously carried. Sheila Davis moved approval of the General Fund Accounts Payable for July 12, 1983. The motion was seconded by Greg Gage and was unanimously carried. Sheila Davis moved approval of the Public Works Fund Accounts Payable, Mall Maintenance Fund Accounts Payable for July 12, 1983. The motion was seconded by Greg Gage and was unanimously carried. Greg Gage moved approval of the Reconciliation of the Accounts Payable for July 12, 1983. The motion was seconded by Larry Kumpost and was unanimously carried. The minutes of the June 28, 1983 meeting was next presented to the Council. Sheila Davis moved approval of the minutes of the June 28th meeting with this correction, page 5, 4th paragraph, line 2, change "conven" to "convene." With that correction Larry Kumpost seconded the motion and was -7- N unanimously carried. There being no further business Al Connell moved to adjourn. The motion was seconded by Don Buick. The Mayor adjourned the meeting at 10:50 p.m. -8- Rocnc~~~III IN, Ciihmi +-+-oel N N RESOLUTION NO. 83-29 SERIES OF 1983 RESOLUTION APPROVING WILDWOOD RESORT PRELIMINARY PLAT WHEREAS, Wildridge Development Company has submitted a preliminary plat replatting Lots 5, 52A, 52B, Block 1, Benchmark Subdivision addition to the Town of Avon, and WHEREAS, the preliminary plat has been reviewed by the Town Engineer and Planning Director and found to be generally in accord with the subdivision ordinance of the Town of Avon and is recommnded for approval; NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon that this plat is hereby approved subject to the following conditions: That a corrected preliminary plat be submitted to the Town Staff by the Applicant showing the following: A. A 20 foot drainage easement across Lot 3, at the outlet of the northern most culvert under Buck Creek Road. B. A note stating that actual driveway widths shall not exceed 20 feet for a one-way driveway and 30 feet for a two-way driveway and shall be located along the right-of-way/lot boundary lines indicated on the plat. Actual location and appropriate turn radiuses to accomodate trucks and buses shall be approved at the final site plan development stage by the Planning and Zoning Commission of the Town Council. C. That verbage be added to the Land Use and Land Use Summary section stating that the zoning indicated is for information purposes and is pursuant to Ordinance 83-21, Series of 1983. APPROVED AND DATED Avon, Colorado. TOWN COUNCIL OF THE TOWN OF AVON, COLORADO - , 1983, By Sheila R. Davis, Mayor Pro Tem ATTEST: DAY OF Patricia J. Doyle, Town Clerk