TC Minutes 05-25-1990•
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MINUTES OF THE CONTINUED TOWN COUNCIL MEETING
HELD MAY 25, 1990 - 11:30 A.M.
The continued meeting.of May 22, 1990 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 11:56.a.m.-
A-roll call was taken with Mike Bennett, Gloria McRory and-Jerry
Davis present. Councilmembers Garton, Reynolds and Stovall were
absent. Also present were Town Attorney John Dunn,'Town Manager Bill
James, Director of Municipal Services Larry Brooks, Director of
Engineering Norm Wood, Fire Chief Charlie Moore, Police Chief Art
Dalton, Town Clerk Patricia J. Doyle, as well as members of the press
and public.
The Mayor called for Citizen Input.
There being no one wishing to be heard, the Mayor closed the Citizen
input portion of the agenda.
Second r-eading•-of Ordinance No. 90-3, Series of 1990, AN ORDINANCE
AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT.
This ordinance was in regard to a lease purchase of a Fire Rescue
Truck for the Fire Department.
Councilman Bennett moved approval of Ordinance No. 90=3, Series of
1990'on second reading. The motion was seconded by Councilwoman: McRory.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing, and offered
the-ordinance to the Council for discussion.
There being no discussion the Mayor entertained a roll call.
Those Councilmembers voting aye were: Mike Bennett, Gloria McRory
and Jerry Davis. There were no nay votes. The motion was unanimously
carried.
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First reading of Ordinance No. 90-4, Series of 1990, AN ORDINANCE
FOR THE TOWN OF AVON, COLORADO, AMENDING CHAPTER 12.08 OF THE AVON
MUNICIPAL CODE RELATING TO LOCAL IMPROVEMENTS; ADDING THE DEFINITIONS
OF "UTILITY LINE PROJECT" AND "UTILITY" TO THE MUNICIPAL CODE; AND
AMENDING CHAPTER 12.08 TO AUTHORIZE THE TOWN TO CONSTRUCT UTILITY LINE
PROJECTS AS LOCAL IMPROVEMENTS AND TO PERMIT THE TOWN TO ISSUE REGISTERED
BONDS.
This ordinance was in regard to possibly installing natural gas lines
and cable lines into the Wildridge area. Before that could be done,
Council had to consider a Special Improvements District for that area.
According to the schedule, this could be completed this summer.
The cost of the cable would be approximately $125,000.
After some discussion, Councilwoman McRory moved approval of Ordinance
No. 90-4, Series of 1990 on first reading. The motion was seconded
by Councilman Davis.
The Mayor entertained a roll call.
Those Councilmembers voting aye were Mike Bennett, Gloria McRory and
Jerry Davis. There were no nay votes. The motion was unanimously
carried.
Resolution No. 90-15, Series of 1990, A RESOLUTION EXPRESSING
APPRRCIATION FOR THE'SERVICES OF THOSE CITIZENS WHO HAVE SERVED AS JUD-
GES--AND CLERKS AT THE TOWN OF AVON SPECIAL CHARTER AMENDMENTS ELECTION
ON MAY 15, 1990, AND AUTHORIZING PAYMENT FOR THEIR SERVICES.
Councilman Bennett moved approval of Resolution No. 90-15, Series of
1990. The motion was seconded by Councilwoman McRory and was
unanimously carried.
Resolution No. 90-16, Series of 1990,A RESOLUTION APPROVING A SKETCH
PLAN FOR THE WILDRIDGE ACRES SUBDIVISION, A RELPAT AND RESUBDIVISION
OF LOTS 13,14, and 15, Block 2, WILDRIDGE SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO.
Jim Curnutte stated that Lots 13,14, and 15, Block 2, Wildridge Sub-
division, are currently approved for 4,6, and 2 units respectively.
The applicant(Robert Kedrowski)is proposing to re-subdivide these
three multi-family lots into 12 single family lots. There is a
question of whether the roads would be private roads and privately
maintained. The sketch plan for the Wildridge Acres Subdivision have
been reviewed by Town staff and the Planning and Zoning Commission
and found it to be in general conformance with Town regulations.
Appropriate fees have been paid and the required notices of Public
Hearing have been mailed and posted.
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The Planning and Zoning Commission recommended approval subject to
the following conditions:
1. The application for'an SPA Amendment/Zone Change should accompany
the submittal of the Preliminary Plan.
2. New letters must be provided by the owners of Lots 13,14, and 15
specifically authorizing Mr. Kedrowski to make Preliminary Plan
application and change the zoning of these lots.
13. The Preliminary Plan submittal must include a development guide.;
which will bel_,-used by the Town's Design Review Board to ensure that
all structures within this development are compatible with one another
and are in harmony with the natural environment.
4. The Preliminary Plan submittal must include a copy of the
proposed covenants for this subdivision as well as a copy of the proposed`
documents for creating a Homeowner's Association.
5. Lots 15-B and 15-C should be amended to-provide a minimum lot
frontage width of no less than 25 feet.
6. No sales of raw(undeveloped)land shall be.allowed.
Mr. Mark Donaldson, architect for the project reviewed the proposed
project with the Council.
After some discussion, Councilman Davis moved approval of Resolution
No. 90-16, Series'of 1990. The motion was seconded by Councilwoman
McRory.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.,
The Mayor entertained a vote on the motion. The motion was unanimously
carried.
Next on the agenda was an update report on the Nottingham Beach. Larry
Brooks-stated that the first of next week the sand should be completed
and in place. The temporary road to the beach would be removed and
they would begin placing sod and planting trees in that area.
There was no action taken.
Councilman Davis complimented Mr.-Brooks and his crew for a fine job
on the completion of the Beach.
Valerie Smith Public,Relations Person for the Town, stated that there
would be a Beach Party on June 23, 1990. There would be'free gifts
for the children. The party would begin at 11:00 a.m. to 1:00 p.m.
at the Beach. There, would be a live band playing,duringg that time.
The party would cost.the'Town approximately $600.
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Greg Kraft updated the Council on his abandonded foundation which was
located in Wildridge. He stated that engineers have throughly inspected
the foundation and found it was solid and buildable. He has been
pre-qualifying contractors in regard to building the project. The
plans and specs have been sent out for bid, and was expected to have
those bids back in the next four weeks. He stated it was their intent to
build just on the existing building foundation which was started
three years ago, which consisted of four condominiums, two of those
were pre-sold and he has a Reservation Agreement for those two. He
stated those would be brought to contract within the next week to two
weeks. Mr. Kraft stated that he was working with a lender out of
the valley on construction financing, which was the same lender that
the lot was originally purchased from four years ago. He stated that they
are trying to get FHA approval for the project to provide the
permanent financing. He stated that it was delayed due to the fact that
they'-signed a new law into effect on September 9, 1989 of last year,
which significally affected applications for FHA approval, but every-
thing seemed to be back on track; and he expected FHA appraisers
to be out during the month of June. He had hoped to get everything
wrapped up by July so they could start construction by August of this
year. He stated that have no intent to build the second phase
of that project at this"time, unless demands warrant it. He stated
that they hope to have this project completed by Thanksgiving. He
stated that when the construction begins, they would distribute the
dirt mounds around to grade properly which would be by the requirements
of the building department.
Jack Hunn, resident of Wildridge approached the Council.
Mr. Hunn..stated that he was concerned about the status of the foundation.
He'stated it was encouraging that the project-may be completed this year,
but this statement had been made before. He suggested that a time
limit be placed on this project, that if it does not go forward this
year, then other action would be taken. He stated that it was an eye-
sore to the area, a safety hazard, and he questioned whether the property
owner had the necessary liability insurance to protect people who live
around-thiss project in case they were injured on this property. He
also stated that the permit had expired due to in-activity.of this
project, and so has the Planning and Zoning Commission approval. He
urged the Council to force the applicant to*send it back through the
process for re-evaluation. He felt the project would not be marketable
the' way it was currently designed.
Rick Pylman stated,that he,agreed with Mr. Hunn that the project should
go back to Planning and Zoning for re-evaluation.
Councilman Davis stated that he did not have a problem of having some
time frame on this project, but was a concern that if the project does
not get started within a reasonable time, that he would recommend that
Council look at a reasonable time frame to the point of having some
evidence of construction, and approval by the Planning and Zoning
Commission.
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Mr. Kraft stated that in respect to the building permit and the
Planning and Zoning Commission approval, it was true that they have
expired, but he would raise questions of that issue because they fall
under the same pattern as the Peregrine Project. He asked that the
Council not address that matter because he would come back and raise
questions. He stated that the foundation had been setting idol because
of partnership problems and not because of the marketable issue.
Councilman Davis moved to set a date of no later than September 1, 1990
to see beginning of construction of this particular project on this
foundation with the proper approvals and financing. otherwise, the
foundation needed to be bulldozed or domolished by December 1, 1990.
The motion died due to a lack of a second.
Mr. Dunn stated it would be proper to direct staff to take appropriate
action under the Town's ordinances.
Mr. Pylman stated that staff did issue a Notice of Violation of
Building Abandonment which was done the 11th of August, 1989.
Councilman Bennett did not disagree with the concern of Mr. Hunn, but
stated that there were other similar projects around Town that should
be given the same treatment.
Mr. Kraft stated that he would certainly make a commitment that he
would stay in close contact with the building department on his progress
of the project.
Councilman Bennett moved to extend the time to show progess until
September 1, 1990, or otherwise appropriate action would be taken. The
motion was seconded by Councilman Davis.
Councilwoman McRory suggested that a survey be taken of the Town to
include all the uncompleted foundations. If the Council acts on one
they should act on all of them.
Councilman Davis stated that not only uncompleted foundations should be
looked at, but also abandoned cars and junk piles of trash. He suggested
that the Council tour the Town and to possibly take some action on this
matter.
The Council agreed.
Next on the agenda was discussion and approval of the Community Development
office Eauipment.
Mr. James stated.that the modular work station have been evaluated,
movable partition wall systems, and standard office furniture which would
be most cost effective and flexible arrangement possible for that
department. By using standard office furniture and a movable wall system
it could provide a good working environment, a professional appearance,
and allow future flexibility in office arrangements.
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He stated that there was.currently $9,950 remaining unspent of the
funds budgeted in 1989 for the second floor remodel. He stated that
this could easily accomplish the goals with the existing budget'.
He recommended authorization to proceed with purchase of Eastman
furniture at $2,875, construction of a reception/computer station
at $2,100, and purchase of movable acoustical wall panels at
approximately $3,250.00.
Councilman Davis moved to authorize the expenditure up to $10,000 for
Community Development Office furniture. The motion was seconded by
Councilwoman McRory and was unanimously carried.
Next.on the agenda was discussion of the Berry Creek 5th Filing. Mr.
James stated that the Town had received a request from the Eagle-Vail
Metropolitan District asking that the Avon Town Council meet with.
the various districts to discuss the possible need to go ahead with, the
purchase of the Berry Creek Ranch Site. They were proposing that
that meeting be set up possibly in mid-June.
The Council agreed.(See memorandum attached to these minutes).
Next on the agenda was discussion in regard to Peter Jamar's proposal..
'-Mr. James stated this would.be a follow-up of the Master Plan. Mr.
Jamar would work on the Zoning Code and Design Guidelines to bring them
up to compliance. Council discussed the tentative schedule of this
work. The fee estimate was requested to be $16,500 plus reimbursable
expenses estimated at $250.00.
Councilman Davis moved to authorize the expenditure of up to $17,000
for Peter Jamar and Associates to conduct an analysis of the existing
Zoning and Design Review Regulations. The motion was seconded by
Councilwoman McRory andwas unanimously-carried.
,Next on the agenda was discussion on the Pedestrian Crossing Structure
to the D&RGW Railroad.
Mr. James stated that the Town had received a proposal from Centennial
Engineering, Inc. to look at three potential locations in respect to
constructing a pedestrian crossing structure at the D&RGW rairoad tracks.
They would provide professional engineering service study at the sum
of $6,500.
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Councilwoman McRory moved to authorize the expenditure of $6,500
for Centennial Engineering to do the pedestrian crossing study. The
motion was seconded by Councilman Davis and was unanimously carried.
Councilman Davis asked of what actual study was done or needed to do
a separated crossing at West Beaver Creek Boulevard, and asked if
any study was ever done at that site.
Mr. James stated that they would go ahead with the overall"-traffic.
study and in the final documents, include that site in the study.
Councilman Davis so moved. The motion was seconded by Councilwoman
McRory and was unanimously carried.
The acquisition of Forest Service Land was next discussed.
Mr. James stated that for the past two years the Town has attempted
to acquire Forest Service Land for Municipal Services. One site
was adjacent to Metcalf Road and the other site was west of Beaver
Creek Point in Wildridge. One May 1, 1990, a meeting was held with-
Bill Wood of the Forest Division to revisit the status of purchasing
such parcels through the "Townsite Act".
This process could take up to 1 1/2 years.
Mr. James suggested that the Town hire Tom-Glass with Western Land
Exchange to study the areas to see if it would be feasible to proceed
to acquire this land.
Discussion followed.
Councilman Davis moved to authorize $5,000 for Western Land Exchange
to study the Forest.Service Land areas. The motion was seconded by
Councilwoman McRory and and was unanimously carried.
The, Council changed the time of the Special Council Meeting scheduled
for June 1, 1990 from*12:00 noon to 4:00 p.m.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for May 25, 1990. The motion was seconded by Councilman Bennett
and was unanimously carried.
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Councilwoman.McRory moved approval of the Reconcilation Sheet of
Accounts Payable for May 25, 1990. The motion was seconded by Councilman
Bennett and was unanimously carried.
Councilwoman McRory moved approval of the May 8, 1990 Council Meeting
Minutes as presented. The motion was seconded by Councilman Davis and
was unanimously carried.
The Mayor stated that some of the dumpsters around the Town are in
need of'repair and suggested that the Building Offical look into this,
as well as, the abandonded cars around Town.
Mr. James opened the Meeting for public hearing in respect to the
Tafre hearing which was in respect to the Exempt Bond Issue for the
Eagle Bend Project. There being no one wishing to be heard, the public
hearing was closed.
There being no further business to come before the Council, Councilwoman
McRory moved to-adjourn into executive session.to discuss the.STOLport
purchase. The motion was seconded.-by Councilman Davis.
The meeting was adjourned by Mayor Nottingham at 1:30 p.m.
The Council then retired into executive session.
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)Ie-von matroPolrh %saroc
Box 5660/Avon, Colorado 81620
May 8, 1990
TO: EAGLE-VAIL HOMEOWNERS ASSN.
TOWN OF VAIL TOWN COUNCIL
TOWN OF AVON TOWN COUNCIL -
BEAVER CREEK METRO DISTRICT
HOMESTEAD HOMEOWNERS ASSN.
RE: BERRY CREEK RANCH SITE.
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EDWARDS METRO DISTRICT
BERRY CREEK METRO DISTRICT
ARROWHEAD METRO DISTRICT
LAKE CREEK HOMEOWNERS ASSN.
VAIL METRO/REC DISTRICT
The Board of Directors of the Eagle-Vail Metropolitan District would like to propose
that as many members as possible of the aforementioned entities meet at a mutually
agreed upon time and date in the Avon Town Council Chambers to discuss the future
of the Berry Creek Ranch site.
We would like the meeting to focus on whether or not the Berry Creek Ranch site is
an important recreation open space site for the future of Upper Eagle Valley
residents and, if there is a clear concensus among the above groups that the Berry
Creek site is important for long-term public use, to then determine the best method
for buying the land only, at this time.
In totalling the votes from the
voting from the Vail to Edwards
Vail
Eagle-Vail
Edwards
Avon
TOTAL
PERCENT - %
recently held county-wide recreation election, the
precincts stacked up this way:
AGAINST
FOR
TOTAL
407
343
750
112
116
228
139
111
250
129
164
293
787
734
1521
51.7
48.3
100.0
It is our belief that the majority of voters in these precincts, although voting
against the last issue, were not necessarily voting against the purchase of the
Berry Creek Ranch site for open space and a future recreation site.
The last issue was complex and contained an annual tax levy of $45 per $100,000
of residential value.
For instance, if we could structure an issue among the aforementioned entities to
purchase the Berry Creek Ranch site only, and currently not develop it, a ten-year
debt instrument could be used and would cost residential property owners approximately
$9.41 per year per $100,000 of residential value for 10 years.
We feel there are public alternatives for this land and we propose a mid-June
meeting to discuss these alternatives. If your board favors such a meeting, please
respond in writing to the above address by June 1st and we will proceed to organize it.
M st r e lly,
H ward.Gardner, Pres.
Loren Kern, Dir.
Dennis Gelvin, Sec/Treas.
Roger LaCroix, Dir.
Charles Wick, Director