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TC Minutes 09-09-1986• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD SEPTEMBER 9, 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. The meeting was called to order by Mayor Nottingham at 7:56 p.m. A roll call was taken with Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Al Connell and Don Buick present. Also present were: Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works, Parks and Recreation Larry Brooks, as well as, members of the press and public. The Mayor called for Citizen Input. Mark Matulik with the Water Conservation Board, approached the Council. Mr. Matulik worked in the Department of Flood Control and Floodplain Management. He gave a brief history of how Avon entered into the National Flood Insurance Program. He stated that the Federal Government, as mandated by Congress, through Federal Emergency Management Agency(FEMA), which administers the flood insurance program, has been ordered by the Congress, to move all of the remaining Emergency Phase communities, of which Avon was one, into the Regular Phase of the NFIP, within the next year. He stated that Avon has been slated for "Special Conversion", which means that there was a determination made at the higher levels of the Federal Government, that the existing engineering information that the Town has, was sufficient to move Avon into the Regular Phase of the program. Mr. Matulik stated that the most important point that the Council had to consider was to adopt a more stringent ordinance in directing growth in those floodplain areas. The concern of the Water Conservation Board was the fact that Swift Gulch, Metcalf, and Buck Creek had never been studied in any detail, except for the Claycomb Engineering Study, which was performed relative to the culverts being placed under I-70. That study showed that possibly the floodplain was too high. He stated that the Water Conservation Board would offer their assistance to the Town of Avon to do their engineering analysis of the flows to the 100 year floods, and to determine whether or not those flows were accurate. The analysis would be done at the Water Conservation Board's expense. The funding would come directly from FEMA. Counci man-Miller asked:if Mr. Matulik forseen any future problems in relation to the funding coming from FEMA for the Water Board to operate. Mr. Matulik stated that they had performed those activities at the Water Board before FEMA came into existence. • • The Council concurred that further discussions should take place beforea decision could be made. Mr. Matulik stated that all they would need would be a written request to the Agency from the Town of Avon to proceed. The Mayor stated that Council would continue the discussions on the matter and thanked Mr. Matulik for coming. Councilman Miller requested that Mr. Matulik keep the Council informed. Steve Isom with the Economic Development Coalition, approached the Council. Mr. Isom stated that the last two years, they have put an Organization together that could promote Economic Development in Eagle County. He reviewed the-effort and work that has gone into this Coalition. He stated that he had received information from the Department of Commerce of Development which was an itemized list of all the responses they have received in the last six months. There were sixty one responses from various business that were interested in locating in the State of Colorado. He stated that there were a few business that would like to locate on the Western Slope, such as, a manufacturer of wildflowers, suppliers of home furnishings, etc. He stated that the Coalition was starting to structure for 1987 by drafting a budget of between $65,000 and $70,000, to hire a full time person. This person would work directly under the ECDC group. The governing body would come from each Town, from Eagle County, the two Chamber of Commerces. They would meet once a month and give direction to this individual. The job description would be based on the same program that was developed for Colorado Springs, Grand Junction, Mesa County, Delta and Montrose. The main thrust for 1987 was, 1)the promotion of Eagle County through the Department of Commerce Development; 2)through fielding questions from outside sources; and 3)to continue to market Eagle County as a wholesale distributionary for the ski industries, marketing the airport area; and keeping the Brochure update. He stated that the goals were: 1) a letter from the Town Council supporting the Eagle County Development Coalition, stating that, it was an appropriate organization and that it was something that should be continued, and to expand, and to hire a full time person; 2).the need of Council's financial support in an amount of approximately $3.,000 to $4,000; 3) that the Council make a lobbying effort-with the County Commissioners. The salary for a full Time person would be between $30,000 to $50,000. The Town Manager commended Steve Isom, and the Coalition, on the extensive work they have done. He stated that the Coalition has sent names to the Town of Avon of potential-groups that are interested in development. The Council concurred that they would consider this matter at budget time. Mr. Isom stated that he would be making a full presentation and proposal to the Council after the discussions with Eagle County. The Mayor thanked Mr. Isom for coming. -2- • • The Mayor stated that the next item was not an agenda item, but wanted to bring the matter up before the Council for discussion. The item being the Countywide Television Translator System. Art Kittay approached the Council. He stated that the Vail Town Council, at their afternoon work session, unanimously approved a similar letter. They would be sending the letter to the County some time next week. Councilman Watkins had concerns with the revised letter that was before the Council. He stated that if the cost was within reason, it would be worthwhile to pursue the study. He stated he would support sending the letter to that effect to Eagle County, but was not in support of the rest of the contents of the letter. Councilwoman Davis agreed and stated that at the last meeting, she requested that the letter state that the Town would like the County to do a feasibility study, which was to be the extent of the Letter. Councilman Miller and Councilman Connell stated that they felt comfortable with the letter the way it was presented. The Town Attorney suggested to use just the first paragraph and to delete the rest of the letter. After discussion Councilman Watkins moved to amend the letter that was presented to the Council, by deleting everything except the first paragraph, and in the paragraph, delete the last sentence, and to authorize the Mayor to execute the revised letter. The motion was secon.ded'by Councilwoman Davis. The Mayor called for a vote. Those Councilmembers voting aye were: Clint Watkins, Sheila Davis and Don Buick. Those Councilmembers voting nay were: Steve Miller, Gloria McRory and Al Connell. The Mayor broke the tie by voting aye to revise the letter. Second reading of Ordinance No. 86-20, Series of 1986, AN ORDINANCE AMENDING ORDINANCE NO. 85-3 TO CAUSE AMENDMENT OF THE ZONING OF THE ZONING MAP OF THE TOWN OF AVON AS IT PERTAINS TO THE YACHT CLUB, SUBDIVISION, A SPECIALLY PLANNED AREA. Norm Wood approached the Council. Mr. Wood stated that Ordinance No. 86-20 and Resolution No. 86-17 were closely related, in that, it addresses the zoning. Mr. Wood, at that point, reviewed the Zoning and Land Use for the Yacht Club, with the Council. He stated that the Planning and Zoning Commission had reviewed the proposed zoning,held a public hearing and recommended that Council approve Ordinance No. 86-20 on second reading. The Council had concerns of Jim Lamont's letter, which viewed concerns over the architectural design, pedestrian and vehicular circulation, insufficient data on floodplains, and access off of Highway #6. Mr. Lamont, in his letter, indicated these problems. The Council felt uneasy about the disagreement between Mr. Lamont and Mr. Wood, as to what was required. Mr. Wood stated that those concerns were not expressed at the public hearings, and at the presentations earlier in the Planning and Zoning Commission meetings. Mr. Wood stated that the letter was only received Friday, September 5, 1986. -3- 0 • Mr. Wood reviewed the proposed problems of Mr. Lamont's with the Council. He felt these areas were being dealt with through the design process. Mr. Wood stated that he felt that the developer had adequately addressed all the requirements. Councilman Watkins suggested that Mr. Lamont be aware of a deadline for submitting his reports. Councilman Buick felt that Council should ignore the letter and move on. After discussion, the Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Councilman Miller moved approval of Ordinance No. 86-20, Series of 1986 on second reading. The motion was seconded by Councilman Connell. Further discussion followed. Councilman Watkins had a concern of the density and the height of the project. He stated he could support the density and height on Lot 1, if the rest of the property would connect to Tract A(open space), and suggested the developer give up the eight units on parcel 2. Terrill Knight approached the Council. He stated that in regard to Mr. Lamont's letter, the developer felt that the concerns were resolved. Mr. Knight stated,in respect to Councilman Watkins concern of parcel 2, the developer reduced the units on that parcel from eleven units to eight units. Mr. Knight stated that if the Highway Department did not issue the developer a permit for access onto Highway #6, the eight units would not be a reality. The dedication of Tract A was discussed. Mr. Wood stated that that matter would be dealt with through the Subdivision Agreement. Councilman Watkins suggested that the additional language be placed in record to read, "Development Rights may not be transfered". The developer agreed. Councilman Watkins moved to amend the motion to include that the additional language be placed in record, "Development Rights may not be transfered". The motion was seconded by Councilwoman Davis and was unanimously carried. The Mayor called for a roll call for the main motion. Those Councilmembers voting aye were: Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Resolution No. 86-17, Series of 1986, A RESOLUTION APPROVING FINAL PLAT OF THE YACHT CLUB LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 12, TSS, R 82W OF THE 6TH P.M., TOWN OF AVON, EAGLE COUNTY, COLORADO. Councilman Connell moved approval of Resolution No. 86-17, Series of 1986. The motion was seconded by Councilman Miller. There being no further discussion, the motion carried unanimously. Second reading of Ordinance No. 86-21, Series of 1986, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. -4- • • The Town Manager stated that after conversing with Dick Evans, the imterim Building Official, that probably the Wynfield Inn would not come on line until January or February of next year, and that the Falcon Pointe would be on line approximatley the first of the year. He stated that with that in mind, he would recommend that the Town not purchase a new bus at this time, but to continue with the present system of operation, and to take a look at the whole transportation system during the budget process. Councilwoman Davis moved approval of Ordinance No. 86-21, Series of 1986 on second reading. The motion was seconded by Councilman Watkins. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor called for a roll call vote. Those Councilmembers voting aye were: none. Those Councilmembers voting nay were: Clint Watkins, Steve Miller, Sheila Davis, Gloria McRory, Al Connell and Don Buick. The Ordinance was denied unanimously. The Town Manager stated that the owners of Falcon Pointe had halted the work of the new color change on the exterior of the building. The owners would be returning to the Planning and Zoning Commission to discuss the color change. The Town Attorney stated that in respect to Spanky's Tavern License, the Authority would not have the 30 days to determine a decision, as was earlier stated, but that a decision would have to be made at the time of the hearing. Mr. Dunn suggested that he would act as prosecutor in advising the Police Chief, and the Authority would act as the Jury. He suggested that an attorney be hired to advise the Authority. Councilman Connell stated that he did not think that the Town should not encounter a great deal of expense over this matter. The Town Attorney reported on the Peregrine Project in respect to the FSLIC case. He stated that the Town would have a pursuasive argument in response to FSLIC's motion to dismiss all the pending preceedings out of the District Court. Further information would be forthcoming. Mr. Dunn stated that the Town of Avon had received a letter on August 29, 1986 on a Notice of Claim from the law firm of Tilly and Graves representing PPL Development Corporation. The Claim came forth from PPL Development Corporation's submittal of construction plans for the Peregrine Village Condominiums to the Town for approval and acceptance by the Town. The plans for PPL were first submitted in 1981, (the Town at that time was. under the 1979 Building Code. PPL returned to the Town in 1983 with revised plans, and at that time, the Town had adopted the 1982 Building Code. Mr. Dunn stated that the lenders were under the impression that all the codes were met. He stated that was when all the trouble started because of the differences between the 1979, and the 1982 Building Codes. -5- 0 • After reviewing the Claim of Tilly and Graves with the Council, the Town Attorney stated that the Claim would be turned over to the insurance company. The Town Manager was informed by Dr. Charles Schwahn, Director of the School District,that the district was not going to proceed with the Bond Issue for the proposed two new schools(Avon, Gypsum), because of the drop in enrollment. This would give the Town, as well as, the school district, time to work together to obtain a final goal on a larger gymnasium and to make that a part of the Town's overall proposed community center. The Town Manager reviewed the budget schedule with the Council. Some of the concerns for the proposed 1987 budget were; 1)transfer tax; 2)sales tax revenues; 3)revenue structure. The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #11. The motion was seconded by Councilman Buick. Councilman Watkins requested that the transfer tax transactions be checked to make sure all of the transactions from the time-share show up on the revenue sheet. Also, requested that, on the detail statement of revenue and expenditures, he would like to have those figures of the taxes broke down on the computer report. With those requests, the motion was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for September 9, 1986. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller moved approval of.the Reconciliation Sheet of Accounts Payable for September 9, 1986. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the August 26, 1986 Council meeting was next presented to the Council. Councilman Miller moved approval of the minutes of August 26, 1986, with one correction. Page 5, 14th line, change "280" to "28". With that correction, Councilman Connell seconded the motion and was unanimously carried. -6- Councilman Watkins suggested that since the public works staff works the special events for the Town, that they should be compensated by receiving a T-shirt and hat, not only for their efforts and time, but also it shows some identity and authority. Councilman Watkins stated that the Charter states that this present Council sets the salaries, by ordinance, for Council and Mayor. He stated that if there were to be any changes, they should be made before the new Council comes on line in November. He would like to discuss the Mayor's salary structure, which he felt, was too high. Councilwoman Davis suggested that this matter should be discussed at budget time. Councilman Buick felt that there was a significant difference between a Councilmember's salary and a Mayor's salary and position, and could not support a change of salary structure. After discussion, it was agreed that this matter be placed on the next Council agenda for discussion. Kevin Payne; Director of the Western Vail Valley Resort Association, reminded the Council of the Resort's Annual Banquet, which was to be held Thursday, September 11, 1986. The Town Manager requested that Council adjourn into executive session to discuss the shopping center, the anchor tenant, the Town's strategy to proceed to submit a contract on a certain parcel of land, and to discuss two personnel matters. Councilman Miller moved to adjourn into executive session. The motion was seconded by Councilman Buick. The Mayor adjourned the meeting at 10:10 p.m., at which time the Council retired into executive session. APPROVED:. f L -7-