TC Minutes 11-27-1984C1
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MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING
HELD NOVEMBER 27, 1984 - 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 7:30
p.m. A roll call was taken with Clint Watkins, Steve Miller,
Sheila Davis, A.J. Wells, Al Connell, and Don Buick present. Also
present were Town Attorney John Dunn, Town Manager Bill James,
Building Administrator Dan Fogland, Director of Public Works Norm
Wood, Chief of Police Joe Olson, as well as members of the press
and public.
The Town Attorney approached the Council. Mr. Dunn requested that
the Council recess into executive session briefly. He stated the
reason being that he would recommend that Ordinance No. 84-13 be
postponed indefinitely. The reasons relate to the pendency of the
Sunroad case against the Town.
Sheila Davis moved that Council recess into executive session.
The motion was seconded by Steve Miller, and was unanimously
carried. The Council recessed into executive session at 7:33 p.m.
and reconvened at 7:43 p.m.
The Mayor stated that Christine McGinley was before the Council
earlier, at the
Bluegrass, and Barbe,
some of the planning
The Mayor called for
There being no one
public hearing.
work session. He reviewed the Balloons,
que Festival of last year and also reviewed
for the future.
Citizen Input.
wishing to be heard, the Mayor closed the
Second reading of Ordinance No. 84-14, Series of 1984, AN
ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN EQUIPMENT LEASE
AGREEMENT AND REPEALING ORDINANCE NO. 84-11.
The Mayor opened the meeting for public hearing. There being no
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one wishing to be heard, the
There being no discussion
ordinance for approval.
Sheila Davis moved approval
1984, on second reading. The
Those Councilmembers voting
Davis, A.J. Wells, Al
Councilmembers voting "nay"
carried by a 5 to 1 vote.
Mayor closed the public hearing.
from Council, the Mayor offered the
of Ordinance No. 84-14, Series of
motion was seconded by Steve Miller.
"aye" were: Steve Miller, Sheila
Connell, and Don Buick. Those
were: Clint Watkins. The motion
It was requested that Ordinance No. 84-13 be deferred until later
in the meeting. The Council agreed.
Resolution No. 84-47, Series of 1984, A RESOLUTION REQUESTING THE
TOWN OF AVON POLICE DEPARTMENT WITHDRAW FROM THE STATE OF COLORADO
FIRE AND POLICE PENSION ASSOCIATION.
The Town Manager stated that the Police Department was interested
in changing their Police Pension Plan. This resolution would give
the Department the opportunity to notify the State of Colorado, a
year in advance, that it would be in the best interest of the
Police Department to have a different plan. He stated that it
puts the State on notice that the Department intends to look at a
different plan.
Attached to the resolution was a memorandum, signed by all the
police officers, agreeing that they would like to pull out of the
State plan.
Sheila Davis moved approval of Resolution No. 84-47, Series of
1984. The motion was seconded by Steve Miller, and was
unanimously carried.
Re-Subdivision of Tract Q and Tract R, Block #2, Benchmark at
Beaver Creek.
Norm Wood approached the Council. He stated that, basically, this
re-subdivision would eliminate the line between Tracts Q and R,
and then would subdivide Tract Q into two lots.
He stated that, technically, it would qualify as a minor
subdivision. At the staff level, it was recommended that this go
through the full subdivison process for two reasons, 1) Tract Q
has an existing building on the lot that has parking requirements,
building setbacks, lot lines, etc., associated with it; 2) This
particular Tract is located in an area through which preliminary
investigation for the Town's Development Plan indicates an
additional street right-of-way may be required.
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Mr. Wood recommended that this matter be referred to the Planning
and Zoning Commission for their review and input, prior to Council
action in approving the plat.
Be it noted that Attorney Art Abplanalp arrived at 7:52 p.m.
Jim Cunningham approached the Council, representing the owners of
the property. He discussed the proposed right-of-way. He stated
that they would be willing to work with the Planning Commission
and the Council on this matter.
Councilman Wells stated that he appreciated future planning, but
unless the Town was prepared to condemn that land, he didn't think
it was fair. He stated that the original land plan did not call
for the road. He didn't think it was necessary, but felt that
there could be improvement.
Mr. Wood stated that, in discussions with Mr. Cunningham, it was
determined that one of the decisions Council would have to make
was whether the time was right to take the step to purchase the
land and move ahead, or just let things go and hope they work out
for the best. He stated it was part of the planning process, but
would have to be answered at some point.
Mr. Wood stated that the purpose of the road was to have two main
accesses to the east side of the lot, as there is on the west
side.
Mr. Cunningham stated that they requested a minor subdivision so
that they could possibly sell or lease the property. They have
committed to put some money back into the old building, all of
which is part of the planning process.
Councilman Wells stated that they bought the land with the access
behind City Market fully aware of what the situation was. If they
want to change and improve it, he felt they should pay for it, not
the Town.
Lengthy discussion followed.
Councilman Watkins stated that this was important enough to refer
to the Planning and Zoning Commission for more review, to see if
there are other solutions rather that the Town coming up with
$35,000.
Clint Watkins moved to continue the public hearing to the
December 11, 1984, meeting and to defer the plat to the Planning
and Zoning Commission for their review and comments. The motion
was seconded by Steve Miller, and was unanimously carried.
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First reading of Ordinance No. 84-13 was then presented to the
Council. AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 17.22 OF
THE MUNICIPAL CODE OF THE TOWN OF AVON, MAKING NECESSARY RELATED
AMENDMENTS TO THE ZONING CODE OF THE TOWN OF AVON AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
The Mayor stated that there had been considerable discussion of
this ordinance at the November 13th Council meeting and that
requests were received from the Council to revise the ordinance as
it was presented at that meeting.
Art Abplanalp reviewed the changes with the Council. Once again,
the Accommodation Unit and the Accommodation Suite were discussed.
Also discussed were Hotel-Lodge Units.
Councilman Wells requested that Mr. Abplanalp explore the language
to allow more alternative types of ownerships with financing, if
they could demonstrate operation as a hotel. He also requested
that the Attorney study the idea of the kitchenette being
different than a regular kitchen, and determine where the language
of the square foot limitation should be placed in the ordinance.
Mr. Wells stated that he was strongly in favor of that language
being in the ordinance.
After some discussion, Al Connell moved to table Ordinance.No.
84-13 indefinitely so that the attorney could do some further
research. The motion was seconded by Don Buick, and was
unanimously carried.
The Town Manager reported on the Tract P Agreements.
Be it noted that Mayor Nottingham and Councilman Wells stepped
down due to conflict of interest.
The Mayor Pro Tem proceeded with the meeting.
The Town Manager stated that his proposed schedule would be for
Council to take final action at the December 11th meeting and to
meet with the School District on December 12th for their final
action. He stated he would request that the Water Authority meet
within that time frame to take final action on their Agreement,
then he would present the multi-party Agreement to the County
Commissioners on December 17th.
No action was taken.
The Mayor and Mr. Wells resumed their seats.
The Town Manager reported on the budget. He stated that there
would be a final budget amendment presented to the Council on
December 11th. At that time, there would be a formal public
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hearing for residents to comment on the budget.
Mr. James stated that he would like to review some new projections
for the five year plan, after the meeting was adjourned, which
would give the worst case, middle of the road, and high gross
scenarios.
No action was taken.
The Town Manager reported on the Forest Service Appeal.
He stated that Norm Wood, A.J. Wells, Allan Nottingham, Clint
Watkins, Al Connell, and he met with the Forest Service on
November 14th. He stated that, basically, the Forest Service
convinced them that the change they had made in the initial Master
Plan for the White River National Forest would in "no way" affect
their decision in regard to the land exchanges. The Forest
Service felt that the appeal itself could hinder the exchange more
than help it. Mr. James stated that, after a lengthy discussion
with the Forest Service, he had sent a letter to the Regional
Forester to withdraw the appeal. He stated that the Division of
Wildlife had concerns with the upper area of Buck Creek, the
winter grazing ground for elk and deer. He felt that the Division
of Wildlife would appeal any land exchange decision unless the
Town could satisfy that need for winter grazing land.
Discussion followed.
No action was taken.
Norm Wood reported on the meeting with the Highway Department
Commission that was held in Grand Junction on November 26th. He
stated that he had attended the third meeting of the State Highway
Commission in regard to prioritizing requested projects for the
five year Highway Improvement Program. He stated that Avon had
three minutes to make its presentation for the project on Avon
Road. He stated he didn't think that Avon would rate very high on
the priority list. He stated that he had talked to some of the
Commissioners and District Engineers, off the record, who stated
to him that if the Town really wished to go ahead with the
project, it would have to come up with some local funds, and do a
feasibility study to come up with some costs. Mr. Wood stated
that if this were done, then the Town would have something to
approach the State Highway Commission with.
Councilman Wells stated that he was interested in an on-grade
crossing at the west end of town. He felt that he was not against
trying for the grade crossing on Avon Road, but was for something
the Town could use today, for a lot less money. Mr. Wells stated
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that the Town needs that west end access. M
stated it would be a real key, not only for
but also for the bus system operation.
After some discussion, the Council agreed
initially write a scope of services for the
costs, then return to the Highway Commission
would take to do the project.
r. Wood agreed. He
traffic circulation,
to have Mr. Wood
study, retrieve some
to show them what it
The Financial matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #8. The motion was
seconded by Don Buick, and was unanimously carried.
A.J. Wells moved approval of the General Fund Accounts Payable for
November 27, 1984. The motion was seconded by Al Connell, and was
unanimously carried.
Sheila Davis moved approval of the Capital Projects Fund of
Accounts Payable for November 27, 1984. The motion was seconded
by A.J. Wells, and was unanimously carried.
A.J. Wells moved approval of the Reconciliation of Accounts
Payable General Fund for November 27, 1984. The motion was
seconded by Sheila Davis, and was unanimously carried.
Sheila Davis moved approval of the Reconciliation of Accounts
Payable Transit Fund for November 27, 1984. The motion was
seconded by A.J. Wells and was carried, with Clint Watkins voting
"nay"
The minutes of the November 13, 1984, Council meeting were next
presented to the Council.
Sheila Davis moved approval of the November 13th Council meeting
minutes. The motion was seconded by Steve Miller, and was
unanimously carried.
Councilman Miller requested that Larry Brooks be present at the
next Council meeting so that he could be introduced to the
Council.
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There being no further business to come before the Council, Al
Connell moved to adjourn. The motion was seconded by Don Buick.
The meeting was adjourned by Mayor Nottingham at 9:10 p.m.
The Council then retired into a work session to discuss some new
projections for the five year plan.
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RESPECTFULLY SUBMITTED: