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TC Minutes 04-22-1986• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD APRIL 22, 1986 - 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. Mayor Allan Nottingham called the meeting to order at 7:54 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Al Connell, and Don Buick present. Councilman A.J. Wells was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Chief of Police Joe Olson, and members of the press and public. The Mayor called for Citizen Input. Susan Vaughn, Director of County Development, approached the Council. She stated that the primary purpose of the Eastern Eagle Valley Transportation Council was to raise money for consideration of regional transportation. The Council consists of representatives from Eagle County; the Towns of Avon, Vail, Redcliff, and Minturn; Vail Associates; Edwards Water District; and the Berry Creek Metropolitan District. She stated that the Eagle Vail Metropolitan District and the Arrowhead Metropolitan District are also included, even though they are not signatories. Ms. Vaughn stated there had been a Price Water House Study done in 1983, and it had been updated twice since that time. She stated that the Transportation Council has been approached by the World Alpine Championships Planning Committee for a donation of $10,000 to assist in the transportation planning for the 1989 event. The members of the Transportation Council reviewed the planning pro- posal, from Rosall, Remmen and Cares, and felt the proposal was an excellent one. It would not only provide needed information for the Championships, but would provide long lasting benefits for regional transportation planning, also. Ms. Vaughn stated that the Transportation Council was aware of money left over from the disbanded LIFT program, and was requesting that the Avon Town Council give $10,000 of that money towards funding of a computer planning model by Rosall, Remmen and Cares. The Mayor stated that it was an appropriate expenditure, and felt it would benefit the valley in the future. Mr. James stated it would make good use of the remaining money in 0 • the LIFT Fund, and felt it appeared that this would be something the valley could use over a long period of time. Mr. James stated that the money would be divided into thirds, and that the funds belong to Eagle County and the Towns of Avon and Vail. He stated that, when Avon took over the LIFT operations, paid all expenses, and closed the books, the LIFT Fund ended up with a balance of $57,000. Mr. James stated that Avon's portion of the proposed contribution would be $3,333. Councilman Buick was concerned about not having the approval of Eagle County or the Town of Vail to contribute their portion of the $10,000. It was stated that both the County and the Town of Vail have indicated that they agree with making the contribution. Discussion followed. The Mayor stated that the 1989 ski event would have a tremendous impact on Avon. He stated that the planning committee would be looking for parking for the event, and felt the Town Council should authorize the expenditure. Councilwoman Davis moved to authorize the Town Manager to issue a $10,000 check, from the LIFT Fund, to be used to hire Rosall, Remmen and Cares to do a transportation study. Councilman Miller seconded the motion. Discussion followed. Councilman Buick was still concerned about having no explicit direction or approval from the County and the Town of Vail for spending the money for the study. The motion carried, with Councilmen Watkins and Connell opposing. There being no further public comment, the Mayor closed the Citizen Input discussion. Second reading of Ordinance No. 86-11, Series of 1986, AN ORDINANCE PROVIDING FOR THE REGULATION OF RAILROAD CROSSINGS WITHIN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. This was a public hearing. Norm Wood stated there was one requested change to the ordinance. In Section 1, 12.12.010, 5th line, and 12.12.020, 6th line, after the word "engine", add "or other railroad equipment". The Mayor opened the meeting for public hearing. As there was no one wishing to be heard, the Mayor closed the public hearing. Councilman Watkins felt that obstruction of the crossing was not the only problem. He felt that, if the Town were to pursue the railroad crossing that may be necessary on West Beaver Creek Blvd., the speed of the trains might have some effect on the safety of the crossing. Discussion followed. The Mayor stated it would be appropriate to look at that situation at that time, and then amend the ordinance when the need exists. -2- • • It was requested that the Town Manager check with the Public Utilities Commission to see what speed is appropriate for on-grade crossings. Councilman Miller moved approval of Ordinance No. 86-11, Series of 1986, on second reading. Councilman Watkins seconded the motion. Those Council members voting "aye" were Clint Watkins, Sheila Davis, Steve Miller, Al Connell, and Don Buick. There were no "nay" votes. The motion carried unanimously. Resolution No. 86-10, Series of 1986, A RESOLUTION GRANTING A SPECIAL REVIEW USE TO ALLOW TEMPORARY STORAGE OF CONSTRUCTION TRAILERS ON LOT 24, BLOCK 1, BENCHMARK AT BEAVER CREEK. Norm Wood stated that the owner of Lot 24, Block 1, Terry Harris, has requested a Special Review Use to allow temporary storage of construction trailers on said lot. The lot was located immediately west of the Wolff Warehouse. Mr. Wood stated that the request has been before the Planning and Zoning Commission, and the Commission has held a public hearing. In conclusion, the Commission granted approval subject to: (1) the trailers being located within the building setback limits; (2) the site being revegetated; and (3) the approved use being limited to a requested period of one year, and be limited to a maximum of four trailers owned by Hess Electric. Mr. Wood reported receiving a letter from Tom Backhus, who was representing the owner of the lot on the east side of Metcalf and Nottingham Roads, Mr. Barshop. Mr. Barshop was requesting that the trailers be located at the north side of Lot 24, so they would be completely screened from the Metcalf Road/Nottingham Road intersection. Mr. Wood recommended that the resolution be amended to reflect that change. It was noted that the owner of Lot 24 had no obejections to the request. Councilman Watkins moved approval of Resolution No. 86-10, Series of 1986, subject to: on page 2, under condition 1, after the word "located", add "along the northerly lot boundary". Councilman Miller seconded the motion, and it carried unanimously. It was stated that the revegetation was currently taking place. Mr. Dunn reported on the Avon Trader, Inc., litigation. He stated that the Avon Trader, Inc., litigation has been dismissed. In regard to the Peregrine matter, Mr. Dunn stated that a Status Conference was held last week, before Judge Hart. Argument of the Town's Motion Against Summary Judgement, to establish the priority of the Town's lien over all the other liens, would be held May 14 or 15, 1986. Mr. Dunn stated that Judge Hart has set aside the month of May, 1987, for trial of the case. -3- • 0 Discussion followed. One other matter brought up by the Town Attorney was a letter he had received from Steve Miller, regarding legal representation for the Fire Protection Advisory Committee. Jim Collins, the Commit- tee's current counsel, has resigned. Mr. Dunn stated he had some interest in representing said Commit- tee. He felt there may be some merit in both the Town and the Committee having common representation, but felt there was an obvious potential conflict. Mr. Dunn stated he would not consider making any proposal to that Committee without the Town Council's blessing. After discussion, Council agreed that they had reservations about the matter and would rather that Mr. Dunn did not pursue representation of the Fire Protection Advisory Committee. The proposed Eaglebend Annexation Agreement was next on the agenda. Eaglebend had presented their request for annexation to Council at the last meeting. The request was contingent upon a Pre-Annexation Agreement being reached. The Agreement would consist of, (1) some assurances to current duplex lot owners that their lots would remain duplex; (2) assurance that SPA zoning would be received; and (3) assurance that road improvements and maintenance would be completed. Mr. James presented Council with a revised Annexation Agreement. He reviewed the changes with Council. Paragraphs 2.2 and 2.3, on page 2 were new paragraphs; paragraph 3.3, on page 3, was discussed, and Council agreed the paragraph should be deleted. Discussion followed. Councilwoman Davis moved to authorize Mayor Nottingham to sign the Agreement, between Eaglebend and the Town of Avon, subject to the deletion of paragraph 3.3, on page 3, and the revisions that were noted. Councilman Miller seconded the motion, and it carried with Councilman Watkins opposing. Next on the agenda was the appointment of three members to the Planning and Zoning Commission. The Mayor called for a vote by ballot. He requested that Council mark their ballots with the names of three of the eight applicants that had been interviewed during the work session held earlier. After the ballots were counted by the Town Clerk, it was announced that Michael Blair and Charles Gersbach had been re-appointed, and that Albert R. Reynolds was selected as a new member of the Planning and Zoning Commission. He would be replacing Cheryl Dingwell, who had resigned. All were appointed to two-year terms. Councilman Connell moved Council approval of the above named -4- LI appointees to the Planning and Zoning Commission. Councilman Buick seconded the motion, and it carried unanimously. Mr. James reported on the status of the Vintage Car Race. He stated that the Town's municipal insurer, CIRSA, had been contacted, and CIRSA had informed the Town that the 1986 Vintage Car Race could be covered under the Town's current policy, at no additional premium. He stated that, if Council wanted to go this route, the insurance problem would be resolved. Mr. James stated that, if the Town wished to insure this event in 1987, there could be additional premiums. Council agreed. Mr. James reported on the status of the BMX track. He stated that staff had contacted Avon Center, but Nick Marsh was out of town. Staff did speak with Ned Gwathemy, and he was not sure if Avon Center would allow such a track on the lot in question. Mr. James stated he would return to Council after discussing the matter with Nick Marsh. No action was taken. The Financial Matters were next presented to Council. Councilman Miller moved to receive items #1 through #8. Councilman Buick seconded the motion, and it carried unanimously. Councilman Miller moved approval of the General Fund Accounts Payable for April 22, 1986. Councilman Watkins seconded the motion, and it carried unanimously. Councilman Watkins moved approval of the Transit Fund Accounts Payable for April 22, 1986. Councilman Miller seconded the motion, and it carried unanimously. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for April 22, 1986. Councilwoman Davis seconded the motion, and it carried unanimously. The minutes of the April 8, 1986, Council meeting were next presented to Council. Councilman Miller moved approval of the April 8th regular meeting minutes, with one clarification. On page 6, paragraph 4, clarify to read, "that the Council should discuss what was going to be covered on the necessity for an executive session in a public meeting before the Council retires into executive session". With that clarification, Councilman -5- 0 0 Buick seconded the motion, and it carried unanimously. Mr. James reported that the Town had hired Judy Althaus as Special Events Coordinator. Mr. James stated that the Town has not yet received the $25,000 check, from Christie Lodge, for payment of time-share transfer tax. Mr. James stated he would continue to pursue the matter. Mr. James reported on the Balloons, Bluegrass, and Barbeque Festival. He stated that the Vail Institute had a $30,000 sponsor for the event. The $30,000 was brought in through Vail Associates; the sponsor being George Dickel Whiskey. The sponsor was requesting that a portion of the event be held either in Vail or in Beaver Creek. Mr. James stated there was a big name draw attached to the $30,000 sponsorship (Merle Haggert). Discussion followed. Councilman Watkins felt there should be further research done on the issue. He stated that it did not follow along the lines of cooperation. Council agreed that to change the location of the event now would be ludicrous. Council was not in favor of moving the event, and felt that if the sponsor does not agree, the Town would find another sponsor. There being no further business to come before the Council, Councilman Watkins moved to adjourn. Councilman Connell seconded the motion. Mayor Nottingham adjourned the meeting at 9:14 p.m. -6-